UPSC Prelims Practice Questions — SC had flagged need for alternative protest sites

Q1. With reference to the grounds on which the State may impose reasonable restrictions on fundamental freedoms under Article 19 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. 'Friendly relations with foreign States' is a ground for restricting freedom of speech and expression, but it is not a listed ground for restricting the right to assemble peaceably.
  2. 'Public order' is a listed ground both for restricting freedom of speech and expression and for restricting the right to assemble peaceably.
  3. 'Interests of the general public' is a listed ground for restricting the right to assemble peaceably, just as it is for restricting the freedom to move freely throughout India.
  • A. 1 only
  • B. 2 and 3 only
  • C. 1, 2 and 3
  • D. 1 and 2 only

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. A foreign national staying in India cannot claim the right to assemble peaceably and without arms as a fundamental right under Article 19(1)(b) of the Constitution of India.
  2. The freedoms enumerated in Article 19(1) of the Constitution of India are conferred only on citizens.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. Suppose a government, to stop a single protest planned at one venue, suspends all metro and rail services into a city and bars entry at its borders. If a court tests this measure under the doctrine of proportionality, consider the following questions: Which of the questions given above would the court legitimately ask?

  1. Whether a narrower step, such as regulating services only near the venue, would achieve the same aim.
  2. Whether the aim pursued by the measure is a legitimate one recognised by the Constitution.
  3. Whether the measure imposes a burden on many persons unconnected with the protest that is out of balance with the benefit gained.
  4. Whether the cause espoused by the protesters is one the court regards as politically justified.
  • A. 1, 2 and 3 only
  • B. 1 and 2 only
  • C. 1, 2, 3 and 4
  • D. 3 and 4 only

Q4. With reference to the regulation of public assemblies in India, consider the following statements: Which of the statements given above are correct?

  1. A prohibitory order on assemblies is an executive measure and does not need the prior approval of a court before it takes effect.
  2. Notifying or denotifying a venue as a designated protest site is a function performed by the Supreme Court under Article 32.
  3. A prohibitory order on assemblies in an area may carve out an exception permitting demonstrations at a designated site with prior permission.
  4. A prohibitory order on assemblies, being preventive in nature, is immune from judicial review.
  • A. 1 and 2 only
  • B. 1 and 3 only
  • C. 1, 3 and 4 only
  • D. 2 and 4 only

Q5. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The Chief Election Commissioner of India cannot be removed from office except in like manner and on the like grounds as a Judge of the Supreme Court.
  2. The Chief Election Commissioner is appointed on the recommendation of a Selection Committee that includes the Leader of the Opposition in the Lok Sabha.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q6. With reference to the constitutional safeguards for members of the Election Commission of India, consider the following statements: Which of the statements given above is/are NOT correct?

  1. An Election Commissioner other than the Chief Election Commissioner can be removed from office only on the recommendation of the Chief Election Commissioner.
  2. The Chief Election Commissioner, like an Election Commissioner, can be removed by the President on the advice of the Union Council of Ministers.
  3. The constitutional bar against varying conditions of service to a member's disadvantage after appointment expressly covers every Election Commissioner, just as it covers the Chief Election Commissioner.
  • A. 1 only
  • B. 1, 2 and 3
  • C. 2 and 3 only
  • D. 2 only

Q7. With reference to the framework governing the Election Commission of India under Article 324 and the Chief Election Commissioner and Other Election Commissioners Act, 2023, consider the following statements: Which of the statements given above is/are correct?

  1. A recommendation of the Selection Committee becomes invalid if any position on the Committee is vacant when it is made.
  2. The 2023 Act lays down a procedure for removing the Chief Election Commissioner that differs from the one specified in the Constitution.
  3. Conditions of service of Election Commissioners are governed by law made by Parliament and, subject to such law, by rules made by the President.
  • A. 1 and 3 only
  • B. 3 only
  • C. 1 only
  • D. 2 and 3 only

Q8. Consider the following assertion: 'Requiring protests to be held at notified sites can amount to a reasonable restriction rather than a denial of the right to protest.' Consider the following statements: Which of the statements given above support the assertion?

  1. Article 19(1)(b) protects only those assemblies for which prior permission has been obtained from the police.
  2. The right to assemble peaceably may be subjected to reasonable restrictions in the interests of public order.
  3. The Supreme Court has held that public ways cannot be occupied indefinitely for protest because doing so affects the rights of others.
  4. The freedom of other citizens to move freely throughout the territory of India is itself a fundamental right that must be weighed.
  • A. 1, 2, 3 and 4
  • B. 1 and 2 only
  • C. 2, 3 and 4 only
  • D. 1, 3 and 4 only