Sunday, June 24, 2018

UPSC preliminary MCQ'S 2019 Part 18


Consider the following statements about right to life
1. A person cannot be deprived of his right to life and personal liberty.
2. The protection under Article 21 should be available only against arbitrary executive action
but not against any legislative action.
3. The right to life and personal liberty of a person can be deprived by a law provided the
procedure prescribed by that law is reasonable, fair and just.
Which of the above statements given above is/are not correct?
a) 1 and 2 only
b) 2 and 3 only
c) 3 only
d) None of the above
Correct Answer: A
Explanation
Exam Title : Email :
Civilsdaily
The right to life and personal liberty of a person can be deprived by a law provided the
procedure prescribed by that law is reasonable, fair and just.
In 1976 The court judgement has introduced the American expression ‘due process of law’. In
effect, the protection under Article 21 should be available not only against arbitrary executive
action but also against arbitrary legislative action
Tikdam:
Reasonable restrictions to the fundamental rights are a basic character of constitution. So reasonable restrictions would be applied to any fundamental right. If you know the basic definition of fundamental right, you can eliminate the second statement.



Consider the following about protection against arrest and detention
1. The detention of a person can exceed three months with an authorisation of advisory board
consist of judges of a high court.
2. Both the Parliament as well as the state legislatures can concurrently make a law of
preventive detention for reasons connected with the maintenance of supplies and services
essential to the community.
3. The arrest and detention under Article 22 cover arrest under the orders of a court, civil
arrest, arrest on failure to pay the income tax, but not deportation of an alien.
Which of the above statements given above is/are correct?
a) 1 and 2 only
b) 2 only
c) 1 an 3 only
d) 3 only
Correct Answer: A
Explanation
The detention of a person cannot exceed three months unless an advisory board reports
sufficient cause for extended detention. The board is to consist of judges of a high court. (ii) The
grounds of detention should be communicated to the detenu. However, the facts considered to
be against the public interest need not be disclosed. (iii) The detenu should be afforded an
opportunity to make a representation against the detention order.
Both the Parliament as well as the state legislatures can concurrently make a law of preventive
detention for reasons connected with the security of a state, the maintenance of public order
and the maintenance of supplies and services essential to the community
The arrest and detention in the first part of Article 22 do not cover arrest under the orders of a
court, civil arrest, arrest on failure to pay the income tax, and deportation of an alien. They
apply only to an act of a criminal or quasi-criminal nature or some activity prejudicial to public
interest.
Exam Title : Email :
Civilsdaily


Consider the following statements about National Emergency
1. It is imposed to restore the breakdown of law and order due to any reason.
2. It affects only Fundamental Rights.
3.It suspends the government and ordinary law courts.
4. It is imposed either in the whole country or in any part of it.
which of the statements given above is/ are correct?
a) All of the above
b) 1 and 3 only
c) 4 only
d) 2, 3 and 4 only
Correct Answer: C
Explanation
Martial Law
It affects only Fundamental Rights.
It suspends the government and ordinary law courts.
It is imposed to restore the breakdown of law and order due to any reason.
It is imposed in some specific area of the country
National emergency
It affects not only Fundamental Rights but also Centre–state relations, distribution of revenues
and legislative powers between centre and states and may extend the tenure of the Parliament.
It continues the government and ordinary law courts.
It can be imposed only on three grounds—war, external aggression or armed rebellion.
It is imposed either in the whole country or in any part of it.
It has specific and detailed provision in the Constitution. It is explicit.
It has no specific provision in the Constitution. It is implicit


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