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
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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
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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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