Law: Nature and Classification (CLAT Legal-Aptitude): Questions 23 - 25 of 168

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Question number: 23

» Law: Nature and Classification

Appeared in Year: 2012

MCQ▾

Question

Which one of the following statements is correct?

Right to free and compulsory education for all children of the age of 6 to 14 years is:

Choices

Choice (4) Response

a.

a fundamental right enforceable in law

b.

a fundamental duty

c.

a directive principle of state policy

d.

a fundamental right which, however, can be enforced only if the state makes an enabling legislation

Passage

PRINCIPLE: Citizenship implies birth in the country under consideration. All citizens of a country shall have the right to practice any profession, or to carry on any occupation, trade or business in that country. The exercise of this shall not affect operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right.

FACTS: Radha, an orphan lady born in a town of South Africa had been the disciple of a great painter of India. Fanaticism struck her and she started advocating male nudity in India. She used to send her children to school without any clothes on top and also used to ensure that her servants remained nude all the time.

Question number: 24 (1 of 2 Based on Passage) Show Passage

» Law: Nature and Classification

MCQ▾

Question

If Radha is found eligible for the exercise of the contemplated rights and the Court takes into consideration the PIL filed against her, which of the following may be the outcome of the case?

Choices

Choice (4) Response

a.

She may be prevented from exercise of the right as reasonable restrictions can be put on the exercise of the same by enactment of law by State.

b.

She may not be prevented from exercise of the right as there has been no existing law to this end already under exercise by State.

c.

She may be prevented from exercise of the same because a PIL has been filed against her.

d.

Question does not provide sufficient data or is vague

Question number: 25 (2 of 2 Based on Passage) Show Passage

» Law: Nature and Classification

MCQ▾

Question

A public interest litigation was filed against her. However, Radha expressed that Radha has right to practice any profession or carry on any trade, occupation or business. Select the correct option.

Choices

Choice (4) Response

a.

Radha is right in her contention as she is given the said right by the Constitution.

b.

Radha is wrong in her contention as she is not eligible for the same.

c.

Radha is wrong in her contention as an expression of the right from her side isn’t enough.

d.

Radha is right in her contention as she has the expressed rights without any doubt whatsoever.

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