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प्रश्न
Choose the most appropriate option:
Which among the following was described by Dr. B. R. Ambedkar as the "heart and soul of the Constitution of India"?
पर्याय
Freedom of Religion
Right to Constitutional Remedies
Right to equality
Right to move throughout the territory of India
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उत्तर
Right to Constitutional Remedies
Explanation:
Dr. B. R. Ambedkar called Article 32 of the Indian Constitution i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'.
It was made so because the mere declaration of the fundamental right without effective machinery for enforcement of the fundamental rights would have been meaningless. Also, a right that does not have a remedy is a worthless declaration. Thus, the framers of our constitution adopted the special provisions in article 32 which provided remedies to the violated fundamental rights of a citizen.
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संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. The fundamental right to freedom of association includes the right to form an association as well as not join an association.
B. The fundamental right to freedom of association also includes the freedom to decide with whom to associate. C. The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.
D. Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.
E. Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.
Facts
Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monitul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals. If Parliament enacts a law that requires a trade union to open its membership to all the employees, then
One of the reasons for recusal of a Judge is that litigants/the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said: "It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, Judge recuses from hearing the case. A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that: "… I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws." Called upon to discharge the duties of the Office without fear or favor, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive. The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding. Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in one's oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.
Which of the following is the main point of the author in the given passage?
The Constitution of India borrowed the concept of the Directive Principles of State Policy from the Constitution of
Fill in the blanks: Choose the pair of words that complete the sentence to make logical sense.
The NDA led Government notified the __________ and the National Judicial Appointments Commission Act, thus ending the over two-decade-old _________ of appointing judges of Supreme Court and high courts. Under the new law, a six-member panel headed by __________ will select judges of the apex court and state high courts.
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Reason (R): The question as to what constitutes a reasonable restriction on Fundamental Rights is to be determined by the Court of Law.
Which of the following Article provides for the independent office of the Comptroller and Auditor General of India (CAG)?
The Attorney General of India holds office during the pleasure of __________.
