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Fundamental Rights Questions and Answers

21.

Match List I with List II and select the correct answer from the codes given below it :

List I (Doctrines)List II (Cases)
(a) Doctrine of Severability(i) Basheshar Nath Vs Commissioner of Income Tax
(b) Doctrine of Waiver of Fundamental Rights(ii) RMDC Vs Union of India
(c) Doctrine of Pith and Substance(iii) K.C. Gajapati Narayana Deo and other Vs State of Orissa
(d) Doctrine of colourable legislation.(iv) Prafulla Kumar Mukherjee Vs The Bank of Commerce

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: A

The correct matching is a-ii, b-i, c-iv, d-iii.

  • Severability: R.M.D. Chamarbaugwalla v Union of India (1957), where the valid part of a law was separated from the invalid part.
  • Waiver: Basheshar Nath v Commissioner of Income Tax (1959), holding that fundamental rights cannot be waived.
  • Pith and substance: Prafulla Kumar Mukherjee v Bank of Commerce (1947, Privy Council).
  • Colourable legislation: K.C. Gajapati Narayan Deo v State of Orissa (1953).

Each of the other codes pairs at least one doctrine with the wrong case.

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22.

Which of the following rights is guaranteed only to the citizens ?

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: C

The right guaranteed only to citizens is the right to freedom of speech and expression.

Article 19, which protects freedom of speech and expression along with the freedoms of assembly, association, movement, residence and profession, is available only to citizens of India. Articles 15, 16, 29 and 30 are also citizens-only.

The right to life and personal liberty (Article 21), equality before the law (Article 14) and freedom of religion (Articles 25 to 28) are guaranteed to all persons, including foreigners.

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