Q.21) Answer (b)
LIBERTY of thought, expression, belief faith and worship;
Q.22) Answer (a)
Preamble embodies the basic philosophy and fundamental values—political, moral and religious —on which the Constitution is based. It contains the grand and noble vision of the Constituent Assembly and reflects the dreams and aspirations of the founding fathers of the Constitution. In the words of Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly, ‘The Preamble to our Constitution expresses what we had thought or dreamt so long.” (Chapter-4 Laxmikanth)
Q.23) Answer (b)
The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:
1. To secure opportunities for healthy development of children (Article 39).
2. To promote equal justice and to provide free legal aid to the poor (Article 39 A).
3. To take steps to secure the participation of workers in the management of industries (Article 43 A).
4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).
Q.24) Answer (b)
GoI Act-1935 provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Governor General (Viceroy). However, the federation never came into being as the princely states did not join it.
Q.25) Answer (b)
“The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”.
Q.26) Answer (a)
Charter Act of 1853 introduced an open competition system of selection and recruitment of civil servants. The covenanted civil service was thus thrown open to the Indians also. Accordingly, the Macaulay Committee (the Committee on the Indian Civil Service) was appointed in 1854.
Q.27) Answer (a)
The word socialist in the Preamble imply the following principles,
Social equality, in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, language. Under social equality everyone has equal status and opportunity.
Economic equality, in this context means the state will endeavour to make the distribution of wealth more equitable and provide a descent standard of living for all. This in effect emphasizes the commitment towards the formation of welfare state.
Q.28) Answer (b)
Prohibition – Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity.
Certiorari – In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.
Q.29) Answer (a)
Writ of Habeas Corpus can be issued against private individuals as well as public authority. While other
Writs like Mandamus, Prohibition and Certiorari can be issued only against public authorities.
Q.30) Answer (c)
The word fundamental suggests that Fundamental rights are so important that the Constitution has separately listed them and made special provision for their protection. They are guaranteed by the fundamental law of the land.