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Indian PolityHardAsked in: UPSC CAPF · CAPF 2021, Paper I

Which one of the following statements about 'personal liberty' is not correct?

  1. A.State does not have the authority to deprive any person within the territory of India of his/her personal liberty without any rational basis.
  2. B.Basis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
  3. C.Personal liberty can be secured by the judicial writ of Habeas Corpus.
  4. D.The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.

Correct answer

D. The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.

Explanation

The correct answer is D. In A. K. Gopalan vs. State of Madras (1950) the majority rejected 'due process of law' and read Article 21 narrowly, so the statement is wrong.

Article 21 says no person shall be deprived of life or personal liberty except according to "procedure established by law", a phrase taken from the Japanese Constitution in place of the American "due process". In Gopalan the majority held that any procedure laid down by a valid law was enough, however unfair it might be; only Justice Fazl Ali dissented. This changed with Maneka Gandhi vs. Union of India (1978), which held that the procedure must be just, fair and reasonable, bringing in due process in substance.

A is correct: since Maneka Gandhi, liberty cannot be taken away arbitrarily or without a rational basis.

B is correct: this is the text of Article 21 itself.

C is correct: Habeas Corpus ("you may have the body") is the writ that frees a person detained unlawfully.

Exam tip: Gopalan (1950): narrow reading, no due process; Maneka Gandhi (1978): fair, just and reasonable procedure.

Practice Questions

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Q2.Indian PolityAsked in: UPSC CAPF · CAPF 2020, Paper IMedium

Which of the following is/are correct in relation to the Panchayats?

1. Only the Parliament may endow Panchayats with powers and authority.

2. A State may devolve powers to Panchayats in preparation of plans for economic development and social justice.

3. A State may devolve powers to Panchayats in implementation of schemes for economic development and social justice.

Select the correct answer using the code given below:

  1. A.1 only
  2. B.1 and 3
  3. C.2 and 3
  4. D.3 only
Show answer
Correct answer: C. 2 and 3

Under Article 243G, it is the Legislature of a State, not Parliament, that may by law give Panchayats powers to prepare plans and to carry out schemes for economic development and social justice.

Q3.Indian PolityAsked in: UPSC CAPF · CAPF 2018, Paper IMedium

Which one of the following Committees of the Parliament has no Members from the Rajya Sabha?

  1. A.Public Accounts Committee
  2. B.Committee on Public Undertakings
  3. C.Estimates Committee
  4. D.Departmentally Related Standing Committee (DRSC) on Finance
Show answer
Correct answer: C. Estimates Committee

All 30 members of the Estimates Committee are elected by the Lok Sabha from among its own members; the Rajya Sabha has no place on it.

Q4.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2026, GS Paper IHard

Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled Tribes in India :

1. Provisions regarding the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are given in the Fifth Schedule of the Constitution of India.

2. Some tribes of India are entitled to exemption from paying Income Tax on certain incomes.

3. The Constitution of India provides for reservation of seats in Panchayats for women belonging to the Scheduled Castes and the Scheduled Tribes.

Which one of the following conclusions based on the above statements is correct ?

  1. A.There are two correct statements, that include statement 2.
  2. B.There are two correct statements, that are statements 1 and 3.
  3. C.There is only one correct statement.
  4. D.All three statements are correct.
Show answer
Correct answer: A. There are two correct statements, that include statement 2.

Statements 2 and 3 are correct, while statement 1 confuses the Fifth Schedule with the Sixth. The tribal areas of Assam, Meghalaya, Tripura and Mizoram are governed under the Sixth Schedule (Articles 244(2) and 275(1)), which sets up autonomous district councils.

Q5.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2017, GS Paper IEasy

Democracy's superior virtue lies in the fact that it calls into activity

  1. A.the intelligence and character of ordinary men and women.
  2. B.the methods for strengthening executive leadership.
  3. C.a superior individual with dynamism and vision.
  4. D.a band of dedicated party workers.
Show answer
Correct answer: A. the intelligence and character of ordinary men and women.

Democracy rests on the idea that ordinary citizens are capable of judging public matters and taking part in their own government.