UPSC preliminary MCQ'S 2019 Part19

Consider the following statements:

1. It is imposed in some specific area of the country,

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2. It suspends the government and ordinary law courts.

3. It affects only Fundamental Rights.

4. It is imposed to restore the breakdown of law and order due to any reason.

The above statements characterise which of the following situation

a) National emergency

b) Constitutional emergency

c) Martial law

d) Section 144 of IPC

Correct Answer: C

self explanatory

Explanation

Consider the following powers of making law:

1. Prescribing residence as a condition for certain employments or appointments in a state

2. Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all kinds for the enforcement of fundamental rights

3. Indemnifying any government servant or any other person for any act done during the operation of martial law in any area

4. Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces

Which of the above powers comes under the jurisdiction of state legislatures?

a) 1,3 and 4 only

b) None of the above

c) 1,2 and 4 only

d) 2 and 4 only

Correct Answer: B

Explanation

All these powers are under the jurisdiction of the parliament, not the state legislature

Consider the following statements about rights guaranteed by the constitution

1. All Rights guaranteed by the constitution come under fundamental rights.

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2. Right to property is a fundamental right.

3. State legislatures can make laws to abolish the untouchability.

Which of the above given statements is/are not correct?

a) 1, 2 and 3

b) 2 and 3 only

c) 1 and 3 only

d) 3 only

Correct Answer: A

Explanation

Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights. These include the following: Untouchability (Article 17). 

(b) Traffic in human beings and forced labour (Article 23).

Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or

non-fundamental rights. They are:

No tax shall be levied or collected except by authority of law (Article 265 in Part XII).

No person shall be deprived of his property save by authority of law (Article 300-A in Part XII).

Trade, commerce and intercourse throughout the territory of India shall be free (Article 301 in Part XIII).

The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV).