Law: Nature and Classification (CLAT Legal-Aptitude): Questions 61 - 64 of 168

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Passage

PRINCIPLES

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 realize 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 Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Singh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

Question number: 61 (5 of 5 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

If Parliament enacts a law that requires a trade union to open its membership to all the employees, then

Choices

Choice (4) Response

a.

Such a law would curtail the union members’ right to decide with whom they would like to associate.

b.

The law of the parliament would curtail an individual’s right not to join any association.

c.

Such a law would render the employment contract offered by Gajodhar Pharmaceuticals to Syed Monirul Alam unenforceable.

d.

Such a law would not infringe any fundamental right to freedom of association.

Question number: 62

» Law: Nature and Classification

MCQ▾

Question

The clauses of amendment in the Indian Constitution have been borrowed from:

Choices

Choice (4) Response

a.

American Constitution

b.

British Constitution

c.

Canadian Constitution

d.

South African Constitution

Question number: 63

» Law: Nature and Classification

Appeared in Year: 2015

MCQ▾

Question

No one can be compelled to sing the National Anthem since:

  1. It will be violative of the right to freedom of speech and expression.
  2. It will be violative of the right to freedom of conscience and practice and propagation of religion.
  3. There is no legal provision obliging anyone to sing the national anthem.

Choices

Choice (4) Response

a.

2 and 3 are correct

b.

1 and 2 are correct

c.

1, 2 and 3 are correct

d.

None of the above

Question number: 64

» Law: Nature and Classification

Appeared in Year: 2014

MCQ▾

Question

Principle: The Constitution of India guarantees the “right to life”, which means “right - to live with human dignity”. The right to life under the Constitution, however, does not include the right to die.

Facts: “M”, who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances, he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on the society. Further, as it is his life, he has a right to put an end to it.

Which of the following derivations is CORRECT?

Choices

Choice (4) Response

a.

The prayer can be granted, as a person cannot be forced to enjoy right to life to his detriment, disadvantage and disliking

b.

The prayer cannot be granted, as the right to life under the Constitution does not include the right to die

c.

The prayer can be granted, as suicide is not an offense in India

d.

The prayer can be granted, as the right to life under the Constitution includes the right to die

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