Daily Current Affairs (MCQ's) | 31-08-2022

Q1. When were the Fundamental Duties included in the Constitution?

1. On 26th November 1949
2. On 26th January 1950
3. In the 42nd Constitutional Amendment
4. In the 44th Constitutional Amendment

Answer (c)

Explanation:

42nd Amendment Act

1. Article 51A 10 Fundamental Duties added for the (The Fundamental Duties of citizens were added upon the recommendations of the Swaran Singh Committee that was constituted by the government in 1976)
2. Words ‘Socialist’, ‘Secular’ and ‘Integrity’ added to the preamble to the constitution
3. Four new DPSPs were added to the existing list of DPSPs:

• To secure opportunities for the healthy development of children (Article 39)
• To promote equal justice and to provide free legal aid to the poor (Article 39 A)
• To take steps to secure the participation of workers in the management of industries (Article 43 A)
• To protect and improve the environment and to safeguard forests and wildlife (Article 48 A)

1. Transferred five subjects from the state list to the concurrent list:
2. 1. • EducationForests
      • Weights & Measures
      • Protection of Wild Animals and Birds
      • Administration of Justice

Q2. Which of the following pairs are correctly matched?

Select the correct answer from codes given below:

1. 1 and 2 only
2. 1 and 3 only
3. 3 only
4. 2 and 3 only

Answer (c)

Explanation:

• The State List lists subjects under which the legislature of a State may make laws. Public order, police, public health and sanitation; hospitals and dispensaries, betting and gambling are some of the subjects that come under the state.
• COVID-19 is the first pan India biological disaster being handled by the legal and constitutional institutions of the country. The current lockdown has been imposed under the Disaster Management Act, 2005 (DM Act). Though the Constitution of India is silent on the subject ‘disaster’, the legal basis of the DM Act, is Entry 23, Concurrent List of the Constitution “Social security and social insurance”. Entry 29, Concurrent List “Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants,” can also be used for specific lawmaking.

Q3. Consider the following statements

1. The official language of India is Hindi in Devanagari script
2. All proceedings in Supreme Court are mandated to be in Hindi

Which of the above statements is/are correct?

1. 1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2

Answer (a)

Explanation:

1. The constitution provides, and the Supreme Court of India has reiterated, that all proceedings in the Supreme Court (the country's highest court) and the High Courts shall be in English. Parliament has the power to alter this by law but has not done so.
2. There are two official languages of India, namely, Hindi and English in Roman script. There are also various official languages at the state/territory level. However, there is no national language in India. Article 343(1) of the Indian constitution specifically mentions that "The official language of the Union shall be Hindi in Devanagari The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals."
3. The business in Indian parliament can only be transacted in Hindi or in English. English is allowed to be used in official purposes such as parliamentary proceedings, judiciary, communications between the Central Government and a State Government.

Q4. Which of the following is not correct about Article 32 of the Indian Constitution?

1. It is not a fundamental right in itself
2. Dr R. Ambedkar called Article 32 as 'the heart and soul of the Constitution'
3. It is   used   to   provide    a   remedy    in   case   of   violation      of  any constitutional or legal right

Select the correct answer from codes given below:

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer (c)

Explanation:

Article 32 provides the right to Constitutional remedies which means that a person has the right to move to the Supreme Court (and high courts also) for getting his fundamental rights protected. It is one of the Fundamental rights under part 3 of the Indian Constitution. While the Supreme Court has the power to issue writs under article 32, High Courts have been given the same powers under article 226. Further, the power to issue writs can also be extended to any other courts (including local courts) by Parliament via making a law for local limits of the jurisdiction of such courts. Kindly note that Court Martial i.e. the tribunals established under the military law have been exempted from the writ jurisdiction of the Supreme Court and the high courts via article 33.

Importance of Article 32

Article 32 was called the “soul of the constitution and the very heart of it” by Dr Ambedkar. The Supreme Court has included it in basic structure doctrine. Further, it is made clear that the right to move to the Supreme Court cannot be suspended except otherwise provided by the Constitution. This implies that this right suspended during a national emergency under article 359.

Article 32 makes the Supreme Court the defender and guarantor of the fundamental rights. Further, the power to issue writs comes under the original jurisdiction of the Supreme Court. This means that a person may approach SC directly for remedy rather than by way of appeal.

Article 32 can be invoked only to get a remedy related to fundamental rights. It is not there for any other constitutional or legal right for which different laws are available.

Q5. Consider the following statements about supreme courts recent observation on the reservation

1. The right to reservations in appointments and promotions is a fundamental right
2. The centre can direct a state to give reservations for appointment in Public Posts

Which of the above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (d)

Explanation:

The Apex Court observed that

• The Supreme Court ruled that there is no fundamental right to reservations in appointments and promotions under articles 16(4) and 16(4A) of the Constitution.
• Article 16 (4) and 16 (4-A) are in the nature of enabling provisions, vesting a discretion on the State Government to consider providing reservations, if the circumstances so warrant.
• Article 16(4) empowers the state to make any provision for reservation of appointments in favour of any backward class which in the opinion of the State, is not adequately represented in the services under State.

• Article 16(4A), empowers the state to make provisions for reservation in matters of promotion to SC/ST employees.
• It is settled law that the state cannot be directed to give reservations for appointment in public posts. The order further adds that the state is not bound to make a reservation for SCs and STs in matters of promotions.

Q6. Consider the following statements about the Curative Petition

1. It is based on the Supreme Court’s power to review any judgement pronounced by it
2. A Curative Petition is usually decided by judges in an open-court hearing

Which of the above is/are incorrect?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (b)

Explanation:

1. Concept of the curative petition first evolved by the Supreme Court in Rupa Ashok Hurra vs. Ashok Hurra & another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition.
2. It is based on interpretation of Article 137, which provides that in the matter of laws and rules made under Article 145, the Supreme Court has the power to review any judgement pronounced (or order made) by it.
3. Its objectives are two: avoid a miscarriage of justice and to prevent abuse of process.
4. A curative petition is usually decided by judges in the chamber unless a specific request for an open-court hearing is allowed.