UPSC Prelims Practice Questions — U.P. Police appear to have little regard for citizens’ rights: HC

Q1. With reference to the safeguards available to an arrested person under Article 22 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. A person arrested and detained in custody cannot be held beyond the constitutionally permitted period without the authority of a magistrate.
  2. An arrested person must be informed of the grounds of arrest as soon as may be, and cannot be detained in custody without this.
  3. The right of an arrested person to consult a legal practitioner of their choice arises only after they have been produced before a magistrate.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 only
  • D. 1 and 2 only

Q2. Assume that in each of the following situations no magistrate has authorised further detention. In which one of them is the guarantee in Article 22(2) of the Constitution of India violated?

  • A. A theft suspect produced before a magistrate 27 hours after arrest, of which 1 hour was spent travelling to the court
  • B. A theft suspect produced before a magistrate 27 hours after arrest, of which 5 hours were spent travelling to the court
  • C. An enemy alien arrested and kept in police custody for 30 hours without being produced before any magistrate
  • D. A person held under a preventive detention law and kept for 30 hours without being produced before any magistrate

Q3. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. A person detained under a law providing for preventive detention has no constitutional right to be told the grounds on which the detention order was made.
  2. Clauses (1) and (2) of Article 22 do not apply to a person arrested or detained under any law providing for preventive detention.
  • 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

Q4. With reference to the writ jurisdiction of the Supreme Court under Article 32 and of the High Courts under Article 226, consider the following statements: Which of the statements given above is/are correct?

  1. A High Court may issue writs for purposes other than the enforcement of fundamental rights, whereas the Supreme Court's jurisdiction under Article 32 is available only for enforcing the rights in Part III.
  2. The right to move a High Court for a writ under Article 226 is itself a fundamental right guaranteed in Part III of the Constitution.
  3. The Constitution provides that the writ power conferred on the High Courts operates in derogation of the Supreme Court's power under Article 32.
  • A. 1, 2 and 3
  • B. 1 only
  • C. 1 and 2 only
  • D. 2 and 3 only

Q5. Consider the following assertion: A detention can violate Article 21 of the Constitution of India even when it follows a procedure laid down in a validly enacted law. Which of the following statements support/supports the above assertion?

  1. Article 21 is among the fundamental rights that a person may enforce by moving the Supreme Court directly under Article 32.
  2. In Maneka Gandhi v. Union of India, the Supreme Court held that a procedure depriving a person of personal liberty must be just, fair and reasonable.
  3. The Supreme Court has read Article 21 together with Articles 14 and 19, instead of treating it as a self-contained provision.
  • A. 2 only
  • B. 1 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q6. With reference to safeguards governing arrest and police custody in India, consider the following statements: Which of the statements given above are correct?

  1. The Supreme Court's CCTV directions in Paramvir Singh Saini cover the offices of central investigating and enforcement agencies, not only State police stations.
  2. A memorandum of arrest must be attested by at least one witness, who may be a member of the arrestee's family or a respectable member of the locality.
  3. Under the Paramvir Singh Saini directions, complaints of custodial force can be taken only to the State Human Rights Commission.
  4. The requirement of CCTV cameras in every police station rests on a central statute rather than on directions issued by the Supreme Court.
  • A. 1, 2, 3 and 4
  • B. 1, 3 and 4 only
  • C. 1 and 2 only
  • D. 2 and 3 only

Q7. With reference to police reform in India, consider the following statements: Which of the statements given above is/are correct?

  1. Police Complaints Authorities at the State and district levels were created by a law that Parliament enacted for all States.
  2. Since 'Police' is a State List subject, the Supreme Court cannot issue directions to State Governments on the organisation of their police forces.
  3. A State may give statutory form to the Supreme Court's police-reform directions through its own police legislation.
  • A. 1 and 2 only
  • B. 3 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q8. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. A High Court can order the release of a person it finds to be unlawfully held by the police force of a State.
  2. 'Police' is a subject in the State List of the Seventh Schedule to the Constitution.
  • 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