Legislation that confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the Matter of the application of law violates which one of the following Articles of the Constitution of India?
(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44
Explanation: This question asks about the constitutional provision that prevents arbitrary or unchecked power by the executive when implementing laws, ensuring fairness and equality. The Constitution of India safeguards citizens from such discretionary misuse of power. Articles of the Constitution specify Fundamental Rights and legal safeguards that maintain rule of law and equality before law. Analyzing which article addresses arbitrary authority helps understand how constitutional law curtails administrative overreach. Step by step, one identifies that laws allowing unguided discretion may conflict with the principle of equality or equal protection under law. This is linked to the idea that legislative or executive actions must be guided by standards that prevent discrimination or arbitrary treatment. For example, if a law allows a government official to decide who gets a permit without any criteria, it could be challenged as violating the constitutional guarantee of equality. Understanding the relationship between discretionary power and constitutional safeguards clarifies why some articles protect citizens from arbitrary executive authority. In summary, the Constitution provides checks to prevent unguided discretion, maintaining fairness, equality, and justice in administrative actions.
Explanation: This question focuses on the origin and significance of the Directive Principles of State Policy in the Indian Constitution. The Directive Principles were introduced to guide the state in achieving Social, economic, and political justice. They differ from Fundamental Rights because they are non-justiciable, meaning they cannot be enforced by courts but influence lawmaking and governance. Step by step, one considers the historical context of the Constituent Assembly debates and the contributions of various leaders. Understanding which leader highlighted these principles as a novel feature requires knowledge of constitutional discussions and the intent behind these guidelines. For example, when framing the Constitution, some leaders emphasized that these principles would help establish a welfare state and ensure policies promoting equality, education, and livelihood. In summary, the Directive Principles are recognized as a distinctive element of India’s Constitution, reflecting progressive goals and the vision of guiding the state towards Social and economic welfare.
Option d – B.R. Ambedkar
Which one of the following provides for the complete equality of men and women in India?
(a) Articles 14 and 15 of the Constitution of India
Explanation: This question asks which constitutional provision ensures equality between men and women, addressing discrimination based on gender. The Constitution contains specific articles that guarantee equal treatment and prohibit discrimination. Key concepts include Fundamental Rights, equality before law, and prohibition of gender-based discrimination. Step by step, one identifies that provisions guaranteeing equality and non-discrimination in matters of opportunity, treatment, and access to public offices or resources are central. Articles related to equality provide a legal framework to enforce fairness and promote Social justice. For instance, a law or policy favoring one gender over another in access to education or employment can be reviewed under these constitutional provisions. In summary, the Constitution establishes legal safeguards to ensure that men and women are treated equally in all spheres, supporting fairness and justice in Indian society.
Option a – Articles 14 and 15 of the Constitution of India
Which one of the following is non-justiciable right?
(a) Right to an adequate livelihood
(b) Right against exploitation
(c) Right of accused
(d) Right to life and personal liberty
Explanation: The question focuses on identifying rights that cannot be enforced directly in a court of law. In the Indian Constitution, some rights guide the state in policymaking but are not enforceable through litigation. Key concepts include justiciable vs. non-justiciable rights, Fundamental Rights, and directive principles. Step by step, one distinguishes rights that can be claimed legally from those that serve as policy goals for the state. Non-justiciable rights often relate to socio-economic welfare, livelihood, or guiding principles for governance. For example, while Fundamental Rights like the right to life can be enforced in court, the right to an adequate livelihood is a directive principle that guides the state’s policy without judicial enforcement. In summary, the Constitution differentiates between enforceable legal rights and guiding principles to balance Citizen protections with State Policy goals.
Explanation: This question addresses the constitutional view on economic equality and the distribution of wealth. The Constitution aims to prevent excessive concentration of resources that could undermine Social justice and equality. Key concepts include Directive Principles, equality, and economic justice. Step by step, one examines which constitutional provisions guide the state to reduce economic disparity. While Fundamental Rights protect individual liberties, directive principles provide guidance for policies on wealth distribution, land reforms, and Social welfare programs. For instance, policies limiting monopolies or promoting equitable land distribution are aligned with these constitutional goals. In summary, the Constitution promotes economic justice by discouraging concentration of wealth and encouraging equitable distribution to support a welfare state.
Explanation: This question asks about the legal and constitutional status of the Right to Property. Initially a fundamental right, its status changed through amendments. Key concepts include constitutional amendments, fundamental rights, and legal rights. Step by step, one examines historical context and legal provisions affecting this right. The 44th Amendment modified its status from a fundamental right to a legal right, affecting enforcement mechanisms. Understanding this Evolution helps clarify its current position in India’s legal framework. For example, citizens now have legal remedies under regular law rather than direct constitutional enforcement. In summary, the Right to Property is recognized as a legal right, reflecting changes in constitutional interpretation and governance priorities.
Option b – Legal right available to any person
‘Right to Privacy’ is protected under which Article of the constitution of India?
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Explanation: This question focuses on the constitutional guarantee of privacy as a fundamental aspect of personal liberty. Key concepts include fundamental rights, personal liberty, and judicial interpretation. Step by step, one identifies that the Supreme Court of India has interpreted certain fundamental rights to include the right to privacy, recognizing its importance in modern governance. Judicial pronouncements clarified that privacy encompasses personal, informational, and bodily autonomy, restricting arbitrary state interference. For example, laws regulating surveillance or data collection must balance state interests with individual privacy rights. In summary, the Constitution protects personal privacy as part of fundamental rights, ensuring autonomy and safeguarding citizens against arbitrary intrusion.
Option c – Article 21
We covered all the fundamental rights Questions and answers above in this post for free so that you can practice well for the exam.
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