Which One of the Following Articles of the Indian Constitution Provides That, It Shall Be the Duty to Union to Protect Every State Against External Aggression and Internal Distribution? - Legal Reasoning

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MCQ

Which one of the following Articles of the Indian Constitution provides that, it shall be the duty to union to protect every state against external aggression and internal distribution?

Options

  • Article 352

  • Article 355

  • Article 356

  • Article 365

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Solution

Article 355

Concept: Indian Constitution (Entrance Exams)
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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


Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

For proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.

In India, the media have played a historical role in providing information to people about social and economic evils. Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth.

Recently, Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfill their true role in a democracy.

The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) - which the unwritten British Constitution does not - the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardised. Hence, a balanced view has to be taken on this.

Therefore, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.

Which of the following is the most logical, rational, and crucial message given by the passage?


The High Courts at Bombay, Calcutta, and Madras were established under the 


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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. 


Which of the following is NOT a fundamental duty as per the provisions of the Constitution of India?


The law which provides special powers to the Armed Forces in India is popularly known as:


Mark the best option:
Principle:

  1. Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.
  2. If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether, by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.

Explanation: —A Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.

III. If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation

  1. Assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State;
  2. Declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

Facts: When India gained its independence, various groups of people in India had their separate ideas of how independent India should be. Secularism was not at the top of the agenda for many of those groups. One such group was Dharmik SainyaParishad (DSP). However, the party leading the movement for independent India, Secular Party of India (SPI) had the strongest say in the drafting of constitution and India constitutionally adopted secularism as the state policy.
While 65 years after independence, SPI is still ruling the government at the centre as well as many state governments, those identifying with the DSP ideology are limited in presence to one of the states in India, Kalisa, which state is also currently ruled by a regional party. In the past few years, a young man in DSP, Kapil has been mobilizing other youth in the state. He holds meetings and delivers fiercely captivating speeches in which he describes how SPI has led the nation's downfall, caused widespread corruption and poverty and promoted sycophancy and nepotism. More youths are getting hooked to his ideas every day. Some of them have written newspaper articles about senior SPI leaders and their lives of excesses lived at the cost of millions of poor and hungry Indians and the need for India to get rid of SPI.
At the annual party meeting of SPI the following year with most senior leaders of SPI Present, both from the cabinet of ministers (including the Prime Minister) at the centre and those not having taken any position in the government, several thousand men in identical dresses with guns march in and hold the party members captive. After a person who appears as Kapilgives a speech telling SPI members what wrongs their party had committed, all the SPI members are shot dead.

Facts: The Senior Ministers including the Chief Minister of Kalisa state have openly declared that they now believe in the ideology of DSP, and are refusing to cooperate with the centre in enforcing legislation imposing stricter rules regarding possession and movement of arms. The situation is fast descending into a situation where another armed attack is possible in the country, with thousands of DSP men and arms moving freely within Kalisa, sparked further by the capture of their cadre in the national capital.

What is the best approach for the president and the union government?


Which article is related to Special Address by the president?


Under the Government of India Act, 1935, the Indian Federation worked through which kind of list


In the question given below are two statements labelled as Assertion (A) and Reason (R). In the context of the two statements, which of the following is correct? 
Assertion (A): The Government of India Act, 1858 transferred the Governance of India from the East India Company to the Crown. 
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