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प्रश्न
Under the Constitution of India 'Right to Pollution Free Environment' has emerged as a fundamental right from the right to-
पर्याय
Freedom of movement under Article 19
Equality under Article 14
Life and personal liberty under Article 21
Conserve culture under Article 29.
उत्तर
Life and personal liberty under Article 21
Explanation:
According to Article 21 of the Indian Constitution of India, no person should be deprived of life and personal liberty except procedure established by law. Hence "Life and personal liberty under Article 21" is correct
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संबंधित प्रश्न
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.
The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power is not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration. In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.
Suppose a Judge gives the direction to create the post of tractor driver and regularizing the services against the newly created posts, will it be right that the judiciary is entering into policy making?
How many Schedules are there in the Constitution of India?
Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: Clause (1) of Article 15 of the Constitution of India prohibits the State from discriminating between citizens on the ground only of religion, race, caste, sex, place of birth or any of them.
FACTUAL SITUATION: The admission Rules of an Engineering College located in the XYZ State of India provided that no capitation fee shall be charged from the residents of the XYZ State but the non-residents shall be required to pay capitation fee. Whether the Rules are violative of Article 15 (1) of the Constitution?
DECISION:
During the British period under which act direct election was introduced in India?
The 1946, Constituent Assembly became the Parliament of which of the following?
Which of the following were constituted as a Union Territory by 12th Constitutional Amendment Act, 1962?
Which of the following committee was set-up by the Government of India on Indian Diaspora?
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 fundamental duties are included into the Constitution by 42nd Constitution Amendment Act, 1976.
Reason (R): The inclusion of fundamental duties in the Constitution would help to strengthen democracy and making the people conscious of their duties equally as they are conscious of their rights.
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 State Finance Commission is responsible for the distribution of taxes between State and Panchayat.
Reason (R): To run all the allocation of taxes between the State and Panchayat Governor appoints the State Finance Commission.
The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle: Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offense, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offense.
Facts: A intentionally omitted to give food to his father. He also used to beat his father. Consequently, A's father died.
