UPSC Prelims Practice Questions — HC dismisses plea against CJP’s protest in Delhi today

Q1. With reference to the right of citizens to assemble under Article 19 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. A gathering whose participants carry arms falls outside the protection of the right itself, even before any restriction under Article 19(3) is considered.
  2. A law may reasonably restrict the right in the interests of the sovereignty and integrity of India even when no threat to public order is involved.
  3. The grounds on which the right to assemble may be restricted are wider than the grounds on which the right to form associations may be restricted.
  • A. 1 and 3 only
  • B. 2 and 3 only
  • C. 1 and 2 only
  • D. 1, 2 and 3

Q2. Consider the following grounds of restriction: Which of the above are grounds on which the State may reasonably restrict the freedom of speech and expression but NOT the right to assemble peaceably and without arms?

  1. Public order
  2. Security of the State
  3. Sovereignty and integrity of India
  4. Defamation
  • A. 2 and 4 only
  • B. 2, 3 and 4 only
  • C. 1 and 3 only
  • D. 1, 2 and 4 only

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

  1. The Constitution of India permits the State to impose reasonable restrictions on a peaceful assembly in the interests of public order.
  2. The right to assemble peaceably and without arms under Article 19(1)(b) is guaranteed to every person in India, including foreign nationals.
  • 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. A State law restricts an activity, and the only justification the State offers is that the restriction is 'in the interests of the general public'. Under Article 19, this justification alone can support a reasonable restriction on which one of the following freedoms?

  • A. Forming associations, unions or co-operative societies
  • B. Carrying on any occupation, trade or business
  • C. Freedom of speech and of expression
  • D. Assembling peaceably and without any arms

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

  1. A legal restriction on a peaceful assembly can be struck down by a court even though the restriction was imposed in the interests of public order.
  2. Article 19(3) permits only 'reasonable' restrictions, a qualification inserted in the Constituent Assembly so that courts would be the final judges of whether a restriction is justified.
  • 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 arrangement for the National Capital Territory (NCT) of Delhi under Article 239AA, consider the following statements: Which of the statements given above is/are correct?

  1. Land, like police and public order, lies outside the law-making power of the Delhi Legislative Assembly.
  2. A law of the Delhi Legislative Assembly that is repugnant to a law of Parliament can still prevail in the NCT if it was reserved for and received the assent of the President.
  3. When the Lieutenant Governor differs with the Council of Ministers on any matter, the Lieutenant Governor refers it to the President and acts on the President's decision.
  • A. 1 and 3 only
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q7. Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the power earlier contained in Section 144 of the Code of Criminal Procedure, 1973. With reference to this power, consider the following statements: Which of the statements given above is/are correct?

  1. It is exercised by an executive magistrate, such as a District Magistrate or a Sub-divisional Magistrate, and not by a judicial magistrate.
  2. It is a punitive power, used to penalise persons after a disturbance has occurred, rather than a preventive one.
  3. An order under it must be in writing and must state the material facts of the case.
  • A. 1 and 3 only
  • B. 2 and 3 only
  • C. 1, 2 and 3
  • D. 1 and 2 only

Q8. With reference to the writ jurisdiction of the High Courts under Article 226 and of the Supreme Court under Article 32, 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, while the Supreme Court's writ power under Article 32 is tied to the enforcement of fundamental rights.
  2. Because a High Court's writ power covers fundamental rights, its exercise takes the place of the Supreme Court's power under Article 32(2) in that territory.
  3. A High Court may issue a writ to an authority seated outside its territory if the cause of action arises wholly or partly within that territory.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 and 2 only
  • D. 1 and 3 only