Tag: fundamental duties and directive principles

Questions Related to fundamental duties and directive principles

Which one of the statements is not true regarding proclamation of Emergency under Article 356 __________________________.

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  1. In absence of approval of the Parliament, the proclamation would lapse at the end of the two-month period

  2. The Government which was dismissed cannot be revived after lapse of Proclamation in any case

  3. If Assembly had been dissolved, it would not revive on the expiry of period of proclamation

  4. None of the above

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Correct Option: B
Explanation:

Article 356 of the Constitution of India provides for the President’s Rule. It is the emergency that is invoked by the President if he gets satisfied with the report of the Governor that there is the failure of constitutional machinery in the state. It remains into force for 2 months unless approved by the parliament where it can be sustained for 6 months. All the power of the state legislature is assumed or delegated to the central legislature by the president. The government which was dismissed during the emergency can be revived after the lapse of the proclamation by elections or confidence in the legislature.

It is inappropriate for petitioners in Public Interest Litigation to __________________-.

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  1. write to any single judge of the Supreme Court

  2. act pro bono publico

  3. withdraw proceedings as of right, and further to claim that they shall not be continued

  4. ask for the direction of new legislation.

Show answer
Correct Option: C
Explanation:

Public Interest Litigation is a judicial innovation that relaxes the rule of Locus Standi (right to sue). It allows any public-spirited person or organization to file a suit against any wrongdoing in the interest of people who are getting affected. It is inappropriate once PIL is filed and jurisdiction of the court is invoked to withdraw the petition, as it would discourage the actual motive behind the concept that is public justice and would show the incredibility on the part of the petitioner while wasting the time of the court.

Directive Principles of State Policy in the Indian Constitution have been taken from the constitution of _____.

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  1. USA

  2. Ireland

  3. UK

  4. Canada

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Correct Option: B
Explanation:

Directive Principles of State Policies are not enforceable in a court of law. India borrowed the DPSP from Irish Constitution of 1937 which itself had borrowed it from Spanish Constitution. Further, the Government of India Act had some “instruments of Instructions” which became the immediate source of DPSP.

Which fundamental duty was added by the 86th Constitutional Amendment Act, 2002?

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  1. To develop scientific temper, humanism and the spirit of inquiry and reform

  2. To safeguard public property and to abjure violence

  3. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement

  4. To provide opportunities for education to his child or ward between the age of six and fourteen years

Show answer
Correct Option: D
Explanation:

The indian Constitution originally did not include fundamental duties. 10 fundamental duties were added by the 42nd Amendment act of 1976 and 1 more was added by the 86th CAA. The 86th CAA added a fundamnetal duty which state that every citizen “who is a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years”. These are moral obligations on the citizens of the country and are non-justiciable.

Which of the following statements about the Directive Principles is not true?

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  1. They help in realizing the concept of welfare state.

  2. It is a list of functions that the states should undertake for welfare of people.

  3. They are borrowed from the Russian Constitution.

  4. They cannot be enforced through courts.

Show answer
Correct Option: C
Explanation:

Directive Principles of State Policy are borrowed from the Irish Constitution. They are general guidelines for the state to be undertaken for the welfare of people. They are non-justiciable and non-enforceable in nature.

Fundamental duties are included in ________ of the Constitution.

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  1. Part I A

  2. Part II A

  3. Part III A

  4. Part IV A

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Correct Option: D
Explanation:

The indian Constitution originally did not include fundamental duties. 10 fundamental duties were added by the 42nd Amendment act of 1976 and 1 more was added by the 86th CAA. These are moral obligations on the citizens of the country and are non-justiciable. As of now, there are 11 fundamental duties included in Part IV(A) of the Indian Constitution.

Whose duty is it to apply Directive Principles while making any law?

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  1. Constitution

  2. President

  3. State

  4. Citizens

Show answer
Correct Option: C
Explanation:
Directive Principles of State Policy are borrowed from the Irish Constitution. They are general guidelines for the state to be undertaken for the welfare of people. They are non-justiciable and non-enforceable in nature.