[Mission 2024] STATIC QUIZ, 08 December 2023 – Polity – INSIGHTSIAS

Correct

Solution: b)

 

Statement 3 is incorrect.

 

• In December, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure.
• It included the major values and ideals of sovereignty, republic, fundamental rights, directive principles, non-interference etc.
• It sought to secure to ideals mentioned in the Preamble.
• It provided for adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes.
• This Resolution was unanimously adopted by the Assembly on January 22, 1947. It influenced the eventual shaping of the constitution through all its subsequent stages. Its modified version forms the Preamble of the present Constitution.

Correct

Solution: c)

 

• With the commencement of the Constitution, the Indian Independence Act of 1947 and the Governmentof India Act of 1935, with all enactments amending or supplementing the latter Act, were repealed.
  The Abolition of Privy Council Jurisdiction Act (1949) was however continued.
• Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament,temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366,367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949 itself.The remaining provisions (the major part) of the Constitution came into force on January 26, 1950.

Correct

Solution: b)

 

Statement 3 is incorrect.

 

Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This provision confers rights on all persons whether citizens or foreigners.

 

The Supreme Court held that where equals and unequals are treated differently, Article 14 does not apply. While Article 14 forbids class legislation, it permits reasonable classification of persons, subjects and transactions by the law.

For e.g. a special law can be made for differently abled as this classification is reasonable and just.

 

The concept of “equal protection of laws (EPL)” comes from the United States Constitution. It means that the law should be applied equally and fairly to all people.

Correct

Solution: c)

 

Public order is one of the three grounds on which the state can restrict freedom of religion. Public order’ is also one of the grounds to restrict free speech and other fundamental rights.

 

Article 25 of the Constitution guarantees to all persons right to freedom and conscience and the right freely to profess, practise and propagate religion subject to public order, morality and health.

 

Public order is normally equated with equated with public peace and safety. According to List 2 of the Seventh Schedule of the Constitution, the power to legislate on aspects of public order rests with the states.

 

In Ram Manohar Lohia vs State of Bihar (1965), the Supreme Court held that in the case of ‘public order’, the community or the public at large have to be affected by a particular action.

Correct

Solution: b)

 

Statement 3 is incorrect.

 

The Constitution refers to civil code only in its Directive Principles. It is critical to note that the Uniform Civil Code was limited to Directive Principles. Implementation of Directive Principles is not mandatory. The court may order to enforce Fundamental rights. But the Directive Principles of Article 44 of the Constitution cannot be enforced even by the courts. It is essential to understand how much thought the founders of the Constitution put into their decision.

 

The issue of personal laws falls in List III —the Concurrent List of the Seventh Schedule to the Constitution. While subjects in the Union lists fall within the purview of the Parliament, states can legislate on subjects in the State List.