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88. PRE – MIX (19 – 88)

January 7, 2019sleepyclassesPre-MixNo Comments
W3Schools
1) Which of these Fundamental Rights are available to only citizens and not foreigners –
i. Article 15
ii. Article 16
iii. Article 19
iv. Article 29
v. Article 30
A. i, ii and iii
B. iii, iv and v
C. iii only
D. All of the above

  • Fundamental Rights available to only citizens and not foreigners (15, 16, 19, 29, 30) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16). Six basic freedoms subject to reasonable restrictions (Article 19). Protection of language, script and culture of minorities (Article 29). Right of minorities to establish and administer educational institutions (Article 30).
    Fundamental rights available to both citizens and foreigners except enemy aliens The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners.

2) Which of the following statement(s) is/are true?
i. Effective majority is the total strength of the house minus the vacancies
ii. It is required in the case of removal of VicePresident in Rajya Sabha
A. i only
B. ii only
C. Both i and ii
D. Neither i nor ii

  • Article 67(b) in The Constitution Of India
    a Vice President may be removed from his office by a resolution of the council of States passed by a majority of all the then members of the council and agreed to by the House of the People;

3) Which of the following statement(s) is/are true?
i. The Supreme Court in Gian Kaur v. State of Punjab case held that Article 21 confers the Right to Die
ii. The Supreme Court in Aruna Shaunbag case recognized the right of an individual to die with dignity allowing passive euthanasia on a case-by-case basis
A. i only
B. ii only
C.Both i and ii
D.Neither i nor ii

  • The Supreme Court in Rathinam v. Union of India held that Right to Life u/A 21 also implied the Right to Die. The Court, however, overruled its earlier decision in Gian Kaur case and ruled that Art 21 does not confer a Fundamental Right to Die.

4) Which of the following are correctly matched on context of Schedules of Constitution –
i. The Second Schedule lists the oaths of offices for elected officials and judges
ii. The Third Schedule lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India
iii. The Fourth Schedule details the allocation of seats in the Rajya Sabha
A. ii only
B. iii only
C. All of the above
D. None of the above.

  • Second Schedule Second schedule lists the emoluments for holders of constitutional offices Such as salaries of President, Vice President, Ministers, Judges and Comptroller and Auditor-General of India etc.
    Third Schedule This schedule lists the various forms of oath for holders of various constitutional offices

5) Which of the following statement(s) is/are correct?
i. The exchange of enclaves between India and Bangladesh was completed via an executive order
ii. Ceding territory to resolve boundary dispute with China will require a Constitutional amendment
A. i only
B. ii only
C. Both i and ii
D. Neither i nor ii

  • The exchange of enclaves between India and Bangladesh was completed via 100th Constitutional Amendment Act.
    Ceding territory to resolve boundary dispute can be done via an executive action.
    This position was clarified by the Supreme Court in the Berubari Union case.
  • Read a beautiful blog-piece here https://indconlawphil.wordpress.com/2015/05/15/land-boundaryagreements-and-the-constitution-i-the-bangladesh-land-swap/

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