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Globally Recognized Human Rights via Advocatetanmoy Law Library

1- The protection of Human Rights Act in India was enacted in the year

(A) 1993

(B) 1994

(C) 1995

(D) 1996

Answer: (A)

2. Which one of the following categories of Fundamental Rights incorporates ‘Abolition of Untouchability’?

(A) Right to Religion

(B) Right to Equality

(C) Right to Freedom

(D) Right against Exploitation

Answer: (B)

3. Helsinki Declaration, 1964 is concerned with

(A) War prevention

(B) Human Experimentation

(C) Gender discrimination

(D) Child Abuse

Answer: (B)

4. Who introduced the concept of third generation Human Rights?

(A) Tullius Cesero

(B) Jermy Bentham

(C) John Finnis

(D) Karel Vasak

Answer: (D)

5. The Universal Declaration of Human Rights was adopted on

(A) December 1, 1948

(B) December 10, 1948

(C) December 11, 1948

(D) December 31, 1948

Answer: (B)

6. Which one of the Schedules of the Constitution given below deals with recognised languages?

(A) Schedule 8

(B) Schedule 7

(C) Schedule 12

(D) Schedule 9

Answer: (A)

7. Which one of the following is not a UN Agency?

(A) UNICEF

(B) UNESCO

(C) WTO

(D) ILO

Answer: (C)

8. Which Article of the Third Geneva Convention of 1949 defines the prisoners of War?

(A) Article 1

(B) Article 2

(C) Article 3

(D) Article 4

Answer: (D)

9. The International Criminal Court (ICC) Review Conference, 2010 held at

(A) Paris

(B) Kampala

(C) The Hague

(D) Rio de Janeiro

Answer: (B)

10. Who coined the term ‘Genocide’?

(A) Raphael Lemkin

(B) Eleanor Roosevelt

(C) P Thornberry

(D) Jafferson

Answer: (A)

11. Which one of the following statements is not correct about the Refugees?

(A) They are outside their country

(B) Fear of persecution

(C) Absence of National protection

(D) Poverty as reason of being outside the country

Answer: (D)

12. Right to Education is guaranteed under Article

(A) 14

(B) 19

(C) 21-A

(D) 21

Answer: (C)

13. Fundamental Duties are contained in

(A) Part IV Article 51-A

(B) Part IV Article 51-B

(C) Part III Article 35

(D) Part III Article 17

Answer: (A)

14. Who was the founder of the International Committee of the Red Cross?

(A) Henry Dunant

(B) F. Lieber

(C) Rousseau

(D) None of the above

Answer: (A)

15. The UN Sub-Commission on ‘The Prevention of Discrimination and Protection of Minorities’ wasestablished in 1947 by

(A) General Assembly

(B) Security Council

(C) Commission on Human Rights

(D) International Court of Justice

Answer: (C)

16. Who among the following propounded the modern principles of Natural Justice?

(A) Locke

(B) J.S. Mill

(C) A.V. Dicey

(D) John Rawals

Answer: (C)

17. Guidelines for arrest of persons by the police were given by the Supreme

Court in which of the following cases?

(A) Maneka Gandhi vs. Union of India

(B) Auto Sankar vs. State of Tamil Nadu

(C) Hussainara Khatoon vs. State of Bihar

(D) D. K. Basu vs. State of West Bengal

Answer: (D)

18. Which Amendment introduced the word ‘secular’ in the Preamble of Indian Constitution?

(A) 44th

(B) 42nd

(C) 93rd

(D) 16th

Answer: (B)

19. The legal positivism, a school of thought which does not accept human rights as merely moral or just was propounded by

(A) Plato

(B) Aristotle

(C) Hegel

(D) Austin

Answer: (D)

20. ‘Laissez faire’ philosophy is an anti thesis of

(A) Interventionist State

(B) Repressive State

(C) Soft State

(D) Welfare State

Answer: (D)

Question Nos. 21 – 30 contains two statements-one labelled as Assertion (A) and the other as Reason (R). Examine whetherthe statements are correct and related to eachother with the help of the codes given below:

21. Assertion (A): One of the fundamental principles of the Indian

Constitution is the Rule of Law.

Reason (R): The Constitution of India has guaranteed to every citizen the equality before law and has recognized the judiciary as the unfailing guardian of the rights of people.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

22. Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.

Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

23. Assertion (A): Bonded Labour is illegal in India.

Reason (R): Constitution of India prohibits bonded labour.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

24. Assertion (A): Fundamental Rights and Directive Principles constitute a body of rights/privileges guaranteed by the Indian Constitution to the people.

Reason (R): Fundamental Rights are justiciable whereas Directive principles are not.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (D)

25. Assertion (A): Fundamental Duties are not enforceable before a Court of Law.

Reason (R): Fundamental Duties can be enforced only through Constitutional means.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

26. Assertion (A): Power of the President to grant pardon and to suspend, remit or commute sentences under Article 72 of the Constitution is politically much abused from the Human Rights point of view.

Reason (R): The advice given by the Council of Ministers to the President under Article 74 of the Constitution is binding on the President.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

27. Assertion (A): Right to life and personal liberty under Article 21 cannot be abridged even during emergency.

Reason (R): There is no need of emergency provisions in a democratic country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

28. Assertion (A): Capital punishment (Death Sentence) is impermissible Under the Universal Declaration of Human Rights (UDHR).

Reason (R : According to Article 5 of universal Declaration of Human Rights (UDHR), no one shall be subjected to Torture or to cruel, inhuman or degrading treatment or punishment.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

29. Assertion (A): Directive Principles of State policy are not justiciable in a Court of Law.

Reason (R): The Directive Principles are Fundamental in the governance of the country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

30. Assertion (A): Marx was against the Religion.

Reason (R): Religion is opium of the masses.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and(R) is not the correct explanationof (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

31. Arrange the following laws in chronological order in which they addressed Human Rights problems relating to practice of untouchability.

(i) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(ii) The Protection of Civil Rights Act.

(iii) The Untouchability Offences Act.

(iv) The Bihar Harijan (Removal of Civil Disabilities) Act

Codes:

(A) (iv) (iii) (ii) (i)

(B) (iii) (ii) (iv) (i)

(C) (ii) (i) (iv) (iii)

(D) (i) (ii) (iii) (iv)

Answer: (A)

32. Arrange the following events in chronologically

(i) Nehru Report

(ii) Objective Resolution

(iii) Sapru Report

(iv) Morley Minto Reforms

Codes:

(A) (iv) (i) (iii) (ii)

(B) (i) (ii) (iii) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (A)

33. Arrange the following in order of the year of their establishment:

(i) Sachar Committee

(ii) Rangnath Mishra Commission

(iii) Gopal Singh Committee

(iv) Nanavati Commission on Godhra

Codes:

(A) (iii) (iv) (ii) (i)

(B) (i) (ii) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (ii) (iii) (iv) (i)

Answer: (A)

34. Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence:

(i) Right to form Association

(ii) Right to Education

(iii) Prohibition of Traffic in human beings and forced labour

(iv) Right to Constitutional Remedies

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (iv) (i)

(C) (iv) (iii) (ii) (i)

(D) (i) (ii) (iii) (iv)

Answer: (D)

35. Arrange the following Human Rights Conventions in the chronological order of their adoption:

(i) Convention on the elimination of all forms of discrimination against women.

(ii) Convention on the prevention and punishment of the crime of genocide.

(iii) Convention on the protection of the Rights of Migrant workers.

(iv) Convention against Torture.

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iv) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (B)

36. Arrange the following events in the order in which they happened using the codes given below:

(i) Swadeshi Movement

(ii) Motilal Nehru Committee

(iii) Quit India Movement

(iv) Jalianwala Bagh

Codes:

(A) (i) (ii) (iv) (iii)

(B) (i) (iv) (ii) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

37. Who among the following launched educational reform movements among Muslims in India?

(i) Sir Syed Ahmed Khan

(ii) Sir W.W. Hunters

(iii) Shah Waliullah

(iv) Zakir Hussain

Codes:

(A) (i) and (iv)

(B) (i) and (iii)

(C) (ii), (iii) and (iv)

(D) (iii) and (iv)

Answer: (A)

38. Arrange sequence of following concepts as they appear in the Universal Declaration of Human Rights, 1948, using codes given below:

(i) Marriage

(ii) Right to Education

(iii) Arbitrary arrest

(iv) Equality

Codes:

(A) (iii) (ii) (i) (iv)

(B) (iv) (ii) (i) (iii)

(C) (iv) (iii) (ii) (i)

(D) (iv) (iii) (i) (ii)

Answer: (D)

39. Arrange sequence of following concepts as appearing in International Covenant on Civil and Political Rights, 1966:

(i) Liberty of movement

(ii) Torture, in human treatment and punishment

(iii) Slavery

(iv) Family

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (i) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (i) (iii) (ii)

Answer: (B)

40. Arrange the following regional human rights instruments in the order of their adoption:

(i) African Charter on Human and People’s Rights

(ii) American Convention on Human Rights

(iii) European Convention on Human Rights

(iv) Arab Charter on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (ii) (i) (iv)

(C) (iii) (ii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (B)

From question numbers 41 – 46 matchList – I with List – II and select the correct answer with the help of codes given below:

41. List – I                                                                  List – II

a. Free Legal Aid                                                        i. Article – 51

b. Uniform Civil Code                                                ii. Article – 48A

c. Promotion of International Peace and Security      iii. Article – 44

d. Safeguarding forests and wild life                                     iv. Article – 39A

Codes:

      a b c d

(A) i iv ii iii

(B) iii ii i iv

(C) iv iii i ii

(D) ii iii iv i

Answer: (C)

42. List – I                                                                                                                  List – II

a. Indigenous and Tribal People’s Convention – 1989                                               i. UNESCO

b. Convention Against Discrimination in Education – 1960                                      ii. Council of Europe

c. GenevaConvention –1949                                                                                      iii. ILO

d. The Framework Convention for the protection of National Minorities – 1994     iv. ICRC

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) iii ii i iv

(D) iii i iv ii

Answer: (D)

43. List – I                                                                  List – II

(Commissions)                                                            (Chairpersons)

a. National Human Rights Commission                      i. Wajahat Habibullah

b. National Commission of Minorities                        ii. K.G. Balakrishnan

c. National Commission for Scheduled Castes           iii. MamtaSharma

d. National Commission on Women                           iv. P.L. Punia

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iii iv ii i

(D) i ii iii iv

Answer: (B)

44. List – I                              List – II

(Authors)                                 (Books)

a. Amartya Sen                       i. Theory of Justice

b. John Rawls                          ii. Development as Freedom

c. Ronald Dworkin                 iii. On Liberty

d. J.S. Mill                               iv. Taking Rights seriously

Codes:

       a b c d

(A) ii i iv iii

(B) i ii iii iv

(C) iii ii iv i

(D) i iii ii iv

Answer: (A)

45. List – I                                                      List – II

a. Justice                                                          i. Dehumanisation

b. Third generation of Human Rights             ii. Model of development

c. Globalization                                               iii. Collective Rights or Solidarity Rights

d. Growth approach                                        iv. Basic concept

Codes:

       a b c d

(A) iii iv i ii

(B) iv iii i ii

(C) iv iii ii i

(D) ii i iv iii

Answer: (B)

46. List – I                              List – II

(Organizations)                       (Areas of Work)

a. ICRC                                   i. Environment & Science

b. PUCL                                  ii. Conservation of Nature

c. IUCN                                  iii. Humanitarian Law

d. CES                                    iv. Civil Rights

Codes:

      a b c d

(A) i ii iii iv

(B) iii iv ii i

(C) iv ii iii i

(D) i iv iii ii

Answer: (B)

Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 47 to 50):

The mythological history of India does not provide many clues to the direct rebellions of the oppressed masses against their oppression. But it is inconceivable that they did not take place at all over a long period of millennia that nibbled at their existence every moment with a ‘divine’ contrivance called caste. The extraordinary success of this contrivance of social stratification is as much attributable to its own design that effectively obviated coalescence of the oppressed castes and facilitated establishment and maintenance of ideological hegemony as to its purported divine origination. None could ordinarily raise a question as it meant incurring divine wrath and consequent ruination of the prospects of getting a better birth in their next life. Thus the caste system held society in a metaphysical engagement and at the same time in physical alienation with itself. Materially it provided for the security of every one through caste profession and psychologically an aspirational space for every caste including the non-caste untouchables to feel superior to some other. Since this superstructure was pivoted on the religio-ideological foundations, the manifestation of the resistance to the caste system always used the metaphysical tool kit that contrived its arguments into the religious form. Right from the early revolts like Buddhism and Jainism down to the Bhakti movement in the medieval age, one finds articulation of opposition to the caste system materialising in a religio – ideological idiom. This trend in fact extends well down to modern times that mark a new awakening of the oppressed castes and the birth of the contemporary Dalit movement. All anti-caste movement thus, from the beginning to the Present, invariably got engaged in religious confrontation with Brahmanism, either by its denouncement or adoption of some other religion. Some people contend that caste system was not a rigid system. They argue that even in the past inter-caste mingling of people took place. However, the fact remains that their argument is not corroborated by sufficient evidence at least till the advent of British Rule.

47. Choose the correct statement:

(A) Dalit justice movement was part of Indian mythologized history.

(B) Dalit repression did not prevail in the mythologized Indian history.

(C) Divinity attributed caste system of ancient India would have facilitated Dalit oppression in all probability.

(D) None of the above.

Answer: (C)

48. Divine attributes to caste:

(A) Provide sense of security

(B) Provide justification for physical alienation

(C) Provide psychological satisfaction about relative superiority

(D) Provide all the above

Answer: (D)

49. Identify the statement which is not correct?

(A) Medieval age also witnessed anti-caste movements.

(B) All caste movements whether pre-modern or modern attack on Brahmanism.

(C) Some new religions have their origin in anti-caste philosophy.

(D) None of the above

Answer: (D)

50. Which statement correctly depicts the stand of the author of the passage?

(A) Caste system of earlier times was not rigid.

(B) Inter caste movements were possible in earlier times.

(C) Rigidity of caste system remained the same till the advent of British Rule.

(D) The contention about flexible caste system is proved beyond doubt.

Answer: (C)

1- The protection of Human Rights Act in India was enacted in the year

(A) 1993

(B) 1994

(C) 1995

(D) 1996

Answer: (A)

2. Which one of the following categories of Fundamental Rights incorporates ‘Abolition of Untouchability’?

(A) Right to Religion

(B) Right to Equality

(C) Right to Freedom

(D) Right against Exploitation

Answer: (B)

3. Helsinki Declaration, 1964 is concerned with

(A) War prevention

(B) Human Experimentation

(C) Gender discrimination

(D) Child Abuse

Answer: (B)

4. Who introduced the concept of third generation Human Rights?

(A) Tullius Cesero

(B) Jermy Bentham

(C) John Finnis

(D) Karel Vasak

Answer: (D)

5. The Universal Declaration of Human Rights was adopted on

(A) December 1, 1948

(B) December 10, 1948

(C) December 11, 1948

(D) December 31, 1948

Answer: (B)

6. Which one of the Schedules of the Constitution given below deals with recognised languages?

(A) Schedule 8

(B) Schedule 7

(C) Schedule 12

(D) Schedule 9

Answer: (A)

7. Which one of the following is not a UN Agency?

(A) UNICEF

(B) UNESCO

(C) WTO

(D) ILO

Answer: (C)

8. Which Article of the Third Geneva Convention of 1949 defines the prisoners of War?

(A) Article 1

(B) Article 2

(C) Article 3

(D) Article 4

Answer: (D)

9. The International Criminal Court (ICC) Review Conference, 2010 held at

(A) Paris

(B) Kampala

(C) The Hague

(D) Rio de Janeiro

Answer: (B)

10. Who coined the term ‘Genocide’?

(A) Raphael Lemkin

(B) Eleanor Roosevelt

(C) P Thornberry

(D) Jafferson

Answer: (A)

11. Which one of the following statements is not correct about the Refugees?

(A) They are outside their country

(B) Fear of persecution

(C) Absence of National protection

(D) Poverty as reason of being outside the country

Answer: (D)

12. Right to Education is guaranteed under Article

(A) 14

(B) 19

(C) 21-A

(D) 21

Answer: (C)

13. Fundamental Duties are contained in

(A) Part IV Article 51-A

(B) Part IV Article 51-B

(C) Part III Article 35

(D) Part III Article 17

Answer: (A)

14. Who was the founder of the International Committee of the Red Cross?

(A) Henry Dunant

(B) F. Lieber

(C) Rousseau

(D) None of the above

Answer: (A)

15. The UN Sub-Commission on ‘The Prevention of Discrimination and Protection of Minorities’ wasestablished in 1947 by

(A) General Assembly

(B) Security Council

(C) Commission on Human Rights

(D) International Court of Justice

Answer: (C)

16. Who among the following propounded the modern principles of Natural Justice?

(A) Locke

(B) J.S. Mill

(C) A.V. Dicey

(D) John Rawals

Answer: (C)

17. Guidelines for arrest of persons by the police were given by the Supreme

Court in which of the following cases?

(A) Maneka Gandhi vs. Union of India

(B) Auto Sankar vs. State of Tamil Nadu

(C) Hussainara Khatoon vs. State of Bihar

(D) D. K. Basu vs. State of West Bengal

Answer: (D)

18. Which Amendment introduced the word ‘secular’ in the Preamble of Indian Constitution?

(A) 44th

(B) 42nd

(C) 93rd

(D) 16th

Answer: (B)

19. The legal positivism, a school of thought which does not accept human rights as merely moral or just was propounded by

(A) Plato

(B) Aristotle

(C) Hegel

(D) Austin

Answer: (D)

20. ‘Laissez faire’ philosophy is an anti thesis of

(A) Interventionist State

(B) Repressive State

(C) Soft State

(D) Welfare State

Answer: (D)

Question Nos. 21 – 30 contains two statements-one labelled as Assertion (A) and the other as Reason (R). Examine whetherthe statements are correct and related to eachother with the help of the codes given below:

21. Assertion (A): One of the fundamental principles of the Indian

Constitution is the Rule of Law.

Reason (R): The Constitution of India has guaranteed to every citizen the equality before law and has recognized the judiciary as the unfailing guardian of the rights of people.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

22. Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.

Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

23. Assertion (A): Bonded Labour is illegal in India.

Reason (R): Constitution of India prohibits bonded labour.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

24. Assertion (A): Fundamental Rights and Directive Principles constitute a body of rights/privileges guaranteed by the Indian Constitution to the people.

Reason (R): Fundamental Rights are justiciable whereas Directive principles are not.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (D)

25. Assertion (A): Fundamental Duties are not enforceable before a Court of Law.

Reason (R): Fundamental Duties can be enforced only through Constitutional means.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

26. Assertion (A): Power of the President to grant pardon and to suspend, remit or commute sentences under Article 72 of the Constitution is politically much abused from the Human Rights point of view.

Reason (R): The advice given by the Council of Ministers to the President under Article 74 of the Constitution is binding on the President.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

27. Assertion (A): Right to life and personal liberty under Article 21 cannot be abridged even during emergency.

Reason (R): There is no need of emergency provisions in a democratic country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

28. Assertion (A): Capital punishment (Death Sentence) is impermissible Under the Universal Declaration of Human Rights (UDHR).

Reason (R : According to Article 5 of universal Declaration of Human Rights (UDHR), no one shall be subjected to Torture or to cruel, inhuman or degrading treatment or punishment.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

29. Assertion (A): Directive Principles of State policy are not justiciable in a Court of Law.

Reason (R): The Directive Principles are Fundamental in the governance of the country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

30. Assertion (A): Marx was against the Religion.

Reason (R): Religion is opium of the masses.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and(R) is not the correct explanationof (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

31. Arrange the following laws in chronological order in which they addressed Human Rights problems relating to practice of untouchability.

(i) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(ii) The Protection of Civil Rights Act.

(iii) The Untouchability Offences Act.

(iv) The Bihar Harijan (Removal of Civil Disabilities) Act

Codes:

(A) (iv) (iii) (ii) (i)

(B) (iii) (ii) (iv) (i)

(C) (ii) (i) (iv) (iii)

(D) (i) (ii) (iii) (iv)

Answer: (A)

32. Arrange the following events in chronologically

(i) Nehru Report

(ii) Objective Resolution

(iii) Sapru Report

(iv) Morley Minto Reforms

Codes:

(A) (iv) (i) (iii) (ii)

(B) (i) (ii) (iii) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (A)

33. Arrange the following in order of the year of their establishment:

(i) Sachar Committee

(ii) Rangnath Mishra Commission

(iii) Gopal Singh Committee

(iv) Nanavati Commission on Godhra

Codes:

(A) (iii) (iv) (ii) (i)

(B) (i) (ii) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (ii) (iii) (iv) (i)

Answer: (A)

34. Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence:

(i) Right to form Association

(ii) Right to Education

(iii) Prohibition of Traffic in human beings and forced labour

(iv) Right to Constitutional Remedies

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (iv) (i)

(C) (iv) (iii) (ii) (i)

(D) (i) (ii) (iii) (iv)

Answer: (D)

35. Arrange the following Human Rights Conventions in the chronological order of their adoption:

(i) Convention on the elimination of all forms of discrimination against women.

(ii) Convention on the prevention and punishment of the crime of genocide.

(iii) Convention on the protection of the Rights of Migrant workers.

(iv) Convention against Torture.

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iv) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (B)

36. Arrange the following events in the order in which they happened using the codes given below:

(i) Swadeshi Movement

(ii) Motilal Nehru Committee

(iii) Quit India Movement

(iv) Jalianwala Bagh

Codes:

(A) (i) (ii) (iv) (iii)

(B) (i) (iv) (ii) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

37. Who among the following launched educational reform movements among Muslims in India?

(i) Sir Syed Ahmed Khan

(ii) Sir W.W. Hunters

(iii) Shah Waliullah

(iv) Zakir Hussain

Codes:

(A) (i) and (iv)

(B) (i) and (iii)

(C) (ii), (iii) and (iv)

(D) (iii) and (iv)

Answer: (A)

38. Arrange sequence of following concepts as they appear in the Universal Declaration of Human Rights, 1948, using codes given below:

(i) Marriage

(ii) Right to Education

(iii) Arbitrary arrest

(iv) Equality

Codes:

(A) (iii) (ii) (i) (iv)

(B) (iv) (ii) (i) (iii)

(C) (iv) (iii) (ii) (i)

(D) (iv) (iii) (i) (ii)

Answer: (D)

39. Arrange sequence of following concepts as appearing in International Covenant on Civil and Political Rights, 1966:

(i) Liberty of movement

(ii) Torture, in human treatment and punishment

(iii) Slavery

(iv) Family

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (i) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (i) (iii) (ii)

Answer: (B)

40. Arrange the following regional human rights instruments in the order of their adoption:

(i) African Charter on Human and People’s Rights

(ii) American Convention on Human Rights

(iii) European Convention on Human Rights

(iv) Arab Charter on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (ii) (i) (iv)

(C) (iii) (ii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (B)

From question numbers 41 – 46 matchList – I with List – II and select the correct answer with the help of codes given below:

41. List – I                                                                  List – II

a. Free Legal Aid                                                        i. Article – 51

b. Uniform Civil Code                                                ii. Article – 48A

c. Promotion of International Peace and Security      iii. Article – 44

d. Safeguarding forests and wild life                                     iv. Article – 39A

Codes:

      a b c d

(A) i iv ii iii

(B) iii ii i iv

(C) iv iii i ii

(D) ii iii iv i

Answer: (C)

42. List – I                                                                                                                  List – II

a. Indigenous and Tribal People’s Convention – 1989                                               i. UNESCO

b. Convention Against Discrimination in Education – 1960                                      ii. Council of Europe

c. GenevaConvention –1949                                                                                      iii. ILO

d. The Framework Convention for the protection of National Minorities – 1994     iv. ICRC

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) iii ii i iv

(D) iii i iv ii

Answer: (D)

43. List – I                                                                  List – II

(Commissions)                                                            (Chairpersons)

a. National Human Rights Commission                      i. Wajahat Habibullah

b. National Commission of Minorities                        ii. K.G. Balakrishnan

c. National Commission for Scheduled Castes           iii. MamtaSharma

d. National Commission on Women                           iv. P.L. Punia

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iii iv ii i

(D) i ii iii iv

Answer: (B)

44. List – I                              List – II

(Authors)                                 (Books)

a. Amartya Sen                       i. Theory of Justice

b. John Rawls                          ii. Development as Freedom

c. Ronald Dworkin                 iii. On Liberty

d. J.S. Mill                               iv. Taking Rights seriously

Codes:

       a b c d

(A) ii i iv iii

(B) i ii iii iv

(C) iii ii iv i

(D) i iii ii iv

Answer: (A)

45. List – I                                                      List – II

a. Justice                                                          i. Dehumanisation

b. Third generation of Human Rights             ii. Model of development

c. Globalization                                               iii. Collective Rights or Solidarity Rights

d. Growth approach                                        iv. Basic concept

Codes:

       a b c d

(A) iii iv i ii

(B) iv iii i ii

(C) iv iii ii i

(D) ii i iv iii

Answer: (B)

46. List – I                              List – II

(Organizations)                       (Areas of Work)

a. ICRC                                   i. Environment & Science

b. PUCL                                  ii. Conservation of Nature

c. IUCN                                  iii. Humanitarian Law

d. CES                                    iv. Civil Rights

Codes:

      a b c d

(A) i ii iii iv

(B) iii iv ii i

(C) iv ii iii i

(D) i iv iii ii

Answer: (B)

Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 47 to 50):

The mythological history of India does not provide many clues to the direct rebellions of the oppressed masses against their oppression. But it is inconceivable that they did not take place at all over a long period of millennia that nibbled at their existence every moment with a ‘divine’ contrivance called caste. The extraordinary success of this contrivance of social stratification is as much attributable to its own design that effectively obviated coalescence of the oppressed castes and facilitated establishment and maintenance of ideological hegemony as to its purported divine origination. None could ordinarily raise a question as it meant incurring divine wrath and consequent ruination of the prospects of getting a better birth in their next life. Thus the caste system held society in a metaphysical engagement and at the same time in physical alienation with itself. Materially it provided for the security of every one through caste profession and psychologically an aspirational space for every caste including the non-caste untouchables to feel superior to some other. Since this superstructure was pivoted on the religio-ideological foundations, the manifestation of the resistance to the caste system always used the metaphysical tool kit that contrived its arguments into the religious form. Right from the early revolts like Buddhism and Jainism down to the Bhakti movement in the medieval age, one finds articulation of opposition to the caste system materialising in a religio – ideological idiom. This trend in fact extends well down to modern times that mark a new awakening of the oppressed castes and the birth of the contemporary Dalit movement. All anti-caste movement thus, from the beginning to the Present, invariably got engaged in religious confrontation with Brahmanism, either by its denouncement or adoption of some other religion. Some people contend that caste system was not a rigid system. They argue that even in the past inter-caste mingling of people took place. However, the fact remains that their argument is not corroborated by sufficient evidence at least till the advent of British Rule.

47. Choose the correct statement:

(A) Dalit justice movement was part of Indian mythologized history.

(B) Dalit repression did not prevail in the mythologized Indian history.

(C) Divinity attributed caste system of ancient India would have facilitated Dalit oppression in all probability.

(D) None of the above.

Answer: (C)

48. Divine attributes to caste:

(A) Provide sense of security

(B) Provide justification for physical alienation

(C) Provide psychological satisfaction about relative superiority

(D) Provide all the above

Answer: (D)

49. Identify the statement which is not correct?

(A) Medieval age also witnessed anti-caste movements.

(B) All caste movements whether pre-modern or modern attack on Brahmanism.

(C) Some new religions have their origin in anti-caste philosophy.

(D) None of the above

Answer: (D)

50. Which statement correctly depicts the stand of the author of the passage?

(A) Caste system of earlier times was not rigid.

(B) Inter caste movements were possible in earlier times.

(C) Rigidity of caste system remained the same till the advent of British Rule.

(D) The contention about flexible caste system is proved beyond doubt.

Answer: (C)

1- The protection of Human Rights Act in India was enacted in the year

(A) 1993

(B) 1994

(C) 1995

(D) 1996

Answer: (A)

2. Which one of the following categories of Fundamental Rights incorporates ‘Abolition of Untouchability’?

(A) Right to Religion

(B) Right to Equality

(C) Right to Freedom

(D) Right against Exploitation

Answer: (B)

3. Helsinki Declaration, 1964 is concerned with

(A) War prevention

(B) Human Experimentation

(C) Gender discrimination

(D) Child Abuse

Answer: (B)

4. Who introduced the concept of third generation Human Rights?

(A) Tullius Cesero

(B) Jermy Bentham

(C) John Finnis

(D) Karel Vasak

Answer: (D)

5. The Universal Declaration of Human Rights was adopted on

(A) December 1, 1948

(B) December 10, 1948

(C) December 11, 1948

(D) December 31, 1948

Answer: (B)

6. Which one of the Schedules of the Constitution given below deals with recognised languages?

(A) Schedule 8

(B) Schedule 7

(C) Schedule 12

(D) Schedule 9

Answer: (A)

7. Which one of the following is not a UN Agency?

(A) UNICEF

(B) UNESCO

(C) WTO

(D) ILO

Answer: (C)

8. Which Article of the Third Geneva Convention of 1949 defines the prisoners of War?

(A) Article 1

(B) Article 2

(C) Article 3

(D) Article 4

Answer: (D)

9. The International Criminal Court (ICC) Review Conference, 2010 held at

(A) Paris

(B) Kampala

(C) The Hague

(D) Rio de Janeiro

Answer: (B)

10. Who coined the term ‘Genocide’?

(A) Raphael Lemkin

(B) Eleanor Roosevelt

(C) P Thornberry

(D) Jafferson

Answer: (A)

11. Which one of the following statements is not correct about the Refugees?

(A) They are outside their country

(B) Fear of persecution

(C) Absence of National protection

(D) Poverty as reason of being outside the country

Answer: (D)

12. Right to Education is guaranteed under Article

(A) 14

(B) 19

(C) 21-A

(D) 21

Answer: (C)

13. Fundamental Duties are contained in

(A) Part IV Article 51-A

(B) Part IV Article 51-B

(C) Part III Article 35

(D) Part III Article 17

Answer: (A)

14. Who was the founder of the International Committee of the Red Cross?

(A) Henry Dunant

(B) F. Lieber

(C) Rousseau

(D) None of the above

Answer: (A)

15. The UN Sub-Commission on ‘The Prevention of Discrimination and Protection of Minorities’ wasestablished in 1947 by

(A) General Assembly

(B) Security Council

(C) Commission on Human Rights

(D) International Court of Justice

Answer: (C)

16. Who among the following propounded the modern principles of Natural Justice?

(A) Locke

(B) J.S. Mill

(C) A.V. Dicey

(D) John Rawals

Answer: (C)

17. Guidelines for arrest of persons by the police were given by the Supreme

Court in which of the following cases?

(A) Maneka Gandhi vs. Union of India

(B) Auto Sankar vs. State of Tamil Nadu

(C) Hussainara Khatoon vs. State of Bihar

(D) D. K. Basu vs. State of West Bengal

Answer: (D)

18. Which Amendment introduced the word ‘secular’ in the Preamble of Indian Constitution?

(A) 44th

(B) 42nd

(C) 93rd

(D) 16th

Answer: (B)

19. The legal positivism, a school of thought which does not accept human rights as merely moral or just was propounded by

(A) Plato

(B) Aristotle

(C) Hegel

(D) Austin

Answer: (D)

20. ‘Laissez faire’ philosophy is an anti thesis of

(A) Interventionist State

(B) Repressive State

(C) Soft State

(D) Welfare State

Answer: (D)

Question Nos. 21 – 30 contains two statements-one labelled as Assertion (A) and the other as Reason (R). Examine whetherthe statements are correct and related to eachother with the help of the codes given below:

21. Assertion (A): One of the fundamental principles of the Indian

Constitution is the Rule of Law.

Reason (R): The Constitution of India has guaranteed to every citizen the equality before law and has recognized the judiciary as the unfailing guardian of the rights of people.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

22. Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.

Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

23. Assertion (A): Bonded Labour is illegal in India.

Reason (R): Constitution of India prohibits bonded labour.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

24. Assertion (A): Fundamental Rights and Directive Principles constitute a body of rights/privileges guaranteed by the Indian Constitution to the people.

Reason (R): Fundamental Rights are justiciable whereas Directive principles are not.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (D)

25. Assertion (A): Fundamental Duties are not enforceable before a Court of Law.

Reason (R): Fundamental Duties can be enforced only through Constitutional means.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

26. Assertion (A): Power of the President to grant pardon and to suspend, remit or commute sentences under Article 72 of the Constitution is politically much abused from the Human Rights point of view.

Reason (R): The advice given by the Council of Ministers to the President under Article 74 of the Constitution is binding on the President.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

27. Assertion (A): Right to life and personal liberty under Article 21 cannot be abridged even during emergency.

Reason (R): There is no need of emergency provisions in a democratic country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

28. Assertion (A): Capital punishment (Death Sentence) is impermissible Under the Universal Declaration of Human Rights (UDHR).

Reason (R : According to Article 5 of universal Declaration of Human Rights (UDHR), no one shall be subjected to Torture or to cruel, inhuman or degrading treatment or punishment.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

29. Assertion (A): Directive Principles of State policy are not justiciable in a Court of Law.

Reason (R): The Directive Principles are Fundamental in the governance of the country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

30. Assertion (A): Marx was against the Religion.

Reason (R): Religion is opium of the masses.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and(R) is not the correct explanationof (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

31. Arrange the following laws in chronological order in which they addressed Human Rights problems relating to practice of untouchability.

(i) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(ii) The Protection of Civil Rights Act.

(iii) The Untouchability Offences Act.

(iv) The Bihar Harijan (Removal of Civil Disabilities) Act

Codes:

(A) (iv) (iii) (ii) (i)

(B) (iii) (ii) (iv) (i)

(C) (ii) (i) (iv) (iii)

(D) (i) (ii) (iii) (iv)

Answer: (A)

32. Arrange the following events in chronologically

(i) Nehru Report

(ii) Objective Resolution

(iii) Sapru Report

(iv) Morley Minto Reforms

Codes:

(A) (iv) (i) (iii) (ii)

(B) (i) (ii) (iii) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (A)

33. Arrange the following in order of the year of their establishment:

(i) Sachar Committee

(ii) Rangnath Mishra Commission

(iii) Gopal Singh Committee

(iv) Nanavati Commission on Godhra

Codes:

(A) (iii) (iv) (ii) (i)

(B) (i) (ii) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (ii) (iii) (iv) (i)

Answer: (A)

34. Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence:

(i) Right to form Association

(ii) Right to Education

(iii) Prohibition of Traffic in human beings and forced labour

(iv) Right to Constitutional Remedies

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (iv) (i)

(C) (iv) (iii) (ii) (i)

(D) (i) (ii) (iii) (iv)

Answer: (D)

35. Arrange the following Human Rights Conventions in the chronological order of their adoption:

(i) Convention on the elimination of all forms of discrimination against women.

(ii) Convention on the prevention and punishment of the crime of genocide.

(iii) Convention on the protection of the Rights of Migrant workers.

(iv) Convention against Torture.

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iv) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (B)

36. Arrange the following events in the order in which they happened using the codes given below:

(i) Swadeshi Movement

(ii) Motilal Nehru Committee

(iii) Quit India Movement

(iv) Jalianwala Bagh

Codes:

(A) (i) (ii) (iv) (iii)

(B) (i) (iv) (ii) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

37. Who among the following launched educational reform movements among Muslims in India?

(i) Sir Syed Ahmed Khan

(ii) Sir W.W. Hunters

(iii) Shah Waliullah

(iv) Zakir Hussain

Codes:

(A) (i) and (iv)

(B) (i) and (iii)

(C) (ii), (iii) and (iv)

(D) (iii) and (iv)

Answer: (A)

38. Arrange sequence of following concepts as they appear in the Universal Declaration of Human Rights, 1948, using codes given below:

(i) Marriage

(ii) Right to Education

(iii) Arbitrary arrest

(iv) Equality

Codes:

(A) (iii) (ii) (i) (iv)

(B) (iv) (ii) (i) (iii)

(C) (iv) (iii) (ii) (i)

(D) (iv) (iii) (i) (ii)

Answer: (D)

39. Arrange sequence of following concepts as appearing in International Covenant on Civil and Political Rights, 1966:

(i) Liberty of movement

(ii) Torture, in human treatment and punishment

(iii) Slavery

(iv) Family

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (i) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (i) (iii) (ii)

Answer: (B)

40. Arrange the following regional human rights instruments in the order of their adoption:

(i) African Charter on Human and People’s Rights

(ii) American Convention on Human Rights

(iii) European Convention on Human Rights

(iv) Arab Charter on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (ii) (i) (iv)

(C) (iii) (ii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (B)

From question numbers 41 – 46 matchList – I with List – II and select the correct answer with the help of codes given below:

41. List – I                                                                  List – II

a. Free Legal Aid                                                        i. Article – 51

b. Uniform Civil Code                                                ii. Article – 48A

c. Promotion of International Peace and Security      iii. Article – 44

d. Safeguarding forests and wild life                                     iv. Article – 39A

Codes:

      a b c d

(A) i iv ii iii

(B) iii ii i iv

(C) iv iii i ii

(D) ii iii iv i

Answer: (C)

42. List – I                                                                                                                  List – II

a. Indigenous and Tribal People’s Convention – 1989                                               i. UNESCO

b. Convention Against Discrimination in Education – 1960                                      ii. Council of Europe

c. GenevaConvention –1949                                                                                      iii. ILO

d. The Framework Convention for the protection of National Minorities – 1994     iv. ICRC

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) iii ii i iv

(D) iii i iv ii

Answer: (D)

43. List – I                                                                  List – II

(Commissions)                                                            (Chairpersons)

a. National Human Rights Commission                      i. Wajahat Habibullah

b. National Commission of Minorities                        ii. K.G. Balakrishnan

c. National Commission for Scheduled Castes           iii. MamtaSharma

d. National Commission on Women                           iv. P.L. Punia

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iii iv ii i

(D) i ii iii iv

Answer: (B)

44. List – I                              List – II

(Authors)                                 (Books)

a. Amartya Sen                       i. Theory of Justice

b. John Rawls                          ii. Development as Freedom

c. Ronald Dworkin                 iii. On Liberty

d. J.S. Mill                               iv. Taking Rights seriously

Codes:

       a b c d

(A) ii i iv iii

(B) i ii iii iv

(C) iii ii iv i

(D) i iii ii iv

Answer: (A)

45. List – I                                                      List – II

a. Justice                                                          i. Dehumanisation

b. Third generation of Human Rights             ii. Model of development

c. Globalization                                               iii. Collective Rights or Solidarity Rights

d. Growth approach                                        iv. Basic concept

Codes:

       a b c d

(A) iii iv i ii

(B) iv iii i ii

(C) iv iii ii i

(D) ii i iv iii

Answer: (B)

46. List – I                              List – II

(Organizations)                       (Areas of Work)

a. ICRC                                   i. Environment & Science

b. PUCL                                  ii. Conservation of Nature

c. IUCN                                  iii. Humanitarian Law

d. CES                                    iv. Civil Rights

Codes:

      a b c d

(A) i ii iii iv

(B) iii iv ii i

(C) iv ii iii i

(D) i iv iii ii

Answer: (B)

Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 47 to 50):

The mythological history of India does not provide many clues to the direct rebellions of the oppressed masses against their oppression. But it is inconceivable that they did not take place at all over a long period of millennia that nibbled at their existence every moment with a ‘divine’ contrivance called caste. The extraordinary success of this contrivance of social stratification is as much attributable to its own design that effectively obviated coalescence of the oppressed castes and facilitated establishment and maintenance of ideological hegemony as to its purported divine origination. None could ordinarily raise a question as it meant incurring divine wrath and consequent ruination of the prospects of getting a better birth in their next life. Thus the caste system held society in a metaphysical engagement and at the same time in physical alienation with itself. Materially it provided for the security of every one through caste profession and psychologically an aspirational space for every caste including the non-caste untouchables to feel superior to some other. Since this superstructure was pivoted on the religio-ideological foundations, the manifestation of the resistance to the caste system always used the metaphysical tool kit that contrived its arguments into the religious form. Right from the early revolts like Buddhism and Jainism down to the Bhakti movement in the medieval age, one finds articulation of opposition to the caste system materialising in a religio – ideological idiom. This trend in fact extends well down to modern times that mark a new awakening of the oppressed castes and the birth of the contemporary Dalit movement. All anti-caste movement thus, from the beginning to the Present, invariably got engaged in religious confrontation with Brahmanism, either by its denouncement or adoption of some other religion. Some people contend that caste system was not a rigid system. They argue that even in the past inter-caste mingling of people took place. However, the fact remains that their argument is not corroborated by sufficient evidence at least till the advent of British Rule.

47. Choose the correct statement:

(A) Dalit justice movement was part of Indian mythologized history.

(B) Dalit repression did not prevail in the mythologized Indian history.

(C) Divinity attributed caste system of ancient India would have facilitated Dalit oppression in all probability.

(D) None of the above.

Answer: (C)

48. Divine attributes to caste:

(A) Provide sense of security

(B) Provide justification for physical alienation

(C) Provide psychological satisfaction about relative superiority

(D) Provide all the above

Answer: (D)

49. Identify the statement which is not correct?

(A) Medieval age also witnessed anti-caste movements.

(B) All caste movements whether pre-modern or modern attack on Brahmanism.

(C) Some new religions have their origin in anti-caste philosophy.

(D) None of the above

Answer: (D)

50. Which statement correctly depicts the stand of the author of the passage?

(A) Caste system of earlier times was not rigid.

(B) Inter caste movements were possible in earlier times.

(C) Rigidity of caste system remained the same till the advent of British Rule.

1- The protection of Human Rights Act in India was enacted in the year

(A) 1993

(B) 1994

(C) 1995

(D) 1996

Answer: (A)

2. Which one of the following categories of Fundamental Rights incorporates ‘Abolition of Untouchability’?

(A) Right to Religion

(B) Right to Equality

(C) Right to Freedom

(D) Right against Exploitation

Answer: (B)

3. Helsinki Declaration, 1964 is concerned with

(A) War prevention

(B) Human Experimentation

(C) Gender discrimination

(D) Child Abuse

Answer: (B)

4. Who introduced the concept of third generation Human Rights?

(A) Tullius Cesero

(B) Jermy Bentham

(C) John Finnis

(D) Karel Vasak

Answer: (D)

5. The Universal Declaration of Human Rights was adopted on

(A) December 1, 1948

(B) December 10, 1948

(C) December 11, 1948

(D) December 31, 1948

Answer: (B)

6. Which one of the Schedules of the Constitution given below deals with recognised languages?

(A) Schedule 8

(B) Schedule 7

(C) Schedule 12

(D) Schedule 9

Answer: (A)

7. Which one of the following is not a UN Agency?

(A) UNICEF

(B) UNESCO

(C) WTO

(D) ILO

Answer: (C)

8. Which Article of the Third Geneva Convention of 1949 defines the prisoners of War?

(A) Article 1

(B) Article 2

(C) Article 3

(D) Article 4

Answer: (D)

9. The International Criminal Court (ICC) Review Conference, 2010 held at

(A) Paris

(B) Kampala

(C) The Hague

(D) Rio de Janeiro

Answer: (B)

10. Who coined the term ‘Genocide’?

(A) Raphael Lemkin

(B) Eleanor Roosevelt

(C) P Thornberry

(D) Jafferson

Answer: (A)

11. Which one of the following statements is not correct about the Refugees?

(A) They are outside their country

(B) Fear of persecution

(C) Absence of National protection

(D) Poverty as reason of being outside the country

Answer: (D)

12. Right to Education is guaranteed under Article

(A) 14

(B) 19

(C) 21-A

(D) 21

Answer: (C)

13. Fundamental Duties are contained in

(A) Part IV Article 51-A

(B) Part IV Article 51-B

(C) Part III Article 35

(D) Part III Article 17

Answer: (A)

14. Who was the founder of the International Committee of the Red Cross?

(A) Henry Dunant

(B) F. Lieber

(C) Rousseau

(D) None of the above

Answer: (A)

15. The UN Sub-Commission on ‘The Prevention of Discrimination and Protection of Minorities’ wasestablished in 1947 by

(A) General Assembly

(B) Security Council

(C) Commission on Human Rights

(D) International Court of Justice

Answer: (C)

16. Who among the following propounded the modern principles of Natural Justice?

(A) Locke

(B) J.S. Mill

(C) A.V. Dicey

(D) John Rawals

Answer: (C)

17. Guidelines for arrest of persons by the police were given by the Supreme

Court in which of the following cases?

(A) Maneka Gandhi vs. Union of India

(B) Auto Sankar vs. State of Tamil Nadu

(C) Hussainara Khatoon vs. State of Bihar

(D) D. K. Basu vs. State of West Bengal

Answer: (D)

18. Which Amendment introduced the word ‘secular’ in the Preamble of Indian Constitution?

(A) 44th

(B) 42nd

(C) 93rd

(D) 16th

Answer: (B)

19. The legal positivism, a school of thought which does not accept human rights as merely moral or just was propounded by

(A) Plato

(B) Aristotle

(C) Hegel

(D) Austin

Answer: (D)

20. ‘Laissez faire’ philosophy is an anti thesis of

(A) Interventionist State

(B) Repressive State

(C) Soft State

(D) Welfare State

Answer: (D)

Question Nos. 21 – 30 contains two statements-one labelled as Assertion (A) and the other as Reason (R). Examine whetherthe statements are correct and related to eachother with the help of the codes given below:

21. Assertion (A): One of the fundamental principles of the Indian

Constitution is the Rule of Law.

Reason (R): The Constitution of India has guaranteed to every citizen the equality before law and has recognized the judiciary as the unfailing guardian of the rights of people.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

22. Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.

Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

23. Assertion (A): Bonded Labour is illegal in India.

Reason (R): Constitution of India prohibits bonded labour.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

24. Assertion (A): Fundamental Rights and Directive Principles constitute a body of rights/privileges guaranteed by the Indian Constitution to the people.

Reason (R): Fundamental Rights are justiciable whereas Directive principles are not.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (D)

25. Assertion (A): Fundamental Duties are not enforceable before a Court of Law.

Reason (R): Fundamental Duties can be enforced only through Constitutional means.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

26. Assertion (A): Power of the President to grant pardon and to suspend, remit or commute sentences under Article 72 of the Constitution is politically much abused from the Human Rights point of view.

Reason (R): The advice given by the Council of Ministers to the President under Article 74 of the Constitution is binding on the President.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

27. Assertion (A): Right to life and personal liberty under Article 21 cannot be abridged even during emergency.

Reason (R): There is no need of emergency provisions in a democratic country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

28. Assertion (A): Capital punishment (Death Sentence) is impermissible Under the Universal Declaration of Human Rights (UDHR).

Reason (R : According to Article 5 of universal Declaration of Human Rights (UDHR), no one shall be subjected to Torture or to cruel, inhuman or degrading treatment or punishment.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

29. Assertion (A): Directive Principles of State policy are not justiciable in a Court of Law.

Reason (R): The Directive Principles are Fundamental in the governance of the country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

30. Assertion (A): Marx was against the Religion.

Reason (R): Religion is opium of the masses.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and(R) is not the correct explanationof (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

31. Arrange the following laws in chronological order in which they addressed Human Rights problems relating to practice of untouchability.

(i) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(ii) The Protection of Civil Rights Act.

(iii) The Untouchability Offences Act.

(iv) The Bihar Harijan (Removal of Civil Disabilities) Act

Codes:

(A) (iv) (iii) (ii) (i)

(B) (iii) (ii) (iv) (i)

(C) (ii) (i) (iv) (iii)

(D) (i) (ii) (iii) (iv)

Answer: (A)

32. Arrange the following events in chronologically

(i) Nehru Report

(ii) Objective Resolution

(iii) Sapru Report

(iv) Morley Minto Reforms

Codes:

(A) (iv) (i) (iii) (ii)

(B) (i) (ii) (iii) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (A)

33. Arrange the following in order of the year of their establishment:

(i) Sachar Committee

(ii) Rangnath Mishra Commission

(iii) Gopal Singh Committee

(iv) Nanavati Commission on Godhra

Codes:

(A) (iii) (iv) (ii) (i)

(B) (i) (ii) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (ii) (iii) (iv) (i)

Answer: (A)

34. Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence:

(i) Right to form Association

(ii) Right to Education

(iii) Prohibition of Traffic in human beings and forced labour

(iv) Right to Constitutional Remedies

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (iv) (i)

(C) (iv) (iii) (ii) (i)

(D) (i) (ii) (iii) (iv)

Answer: (D)

35. Arrange the following Human Rights Conventions in the chronological order of their adoption:

(i) Convention on the elimination of all forms of discrimination against women.

(ii) Convention on the prevention and punishment of the crime of genocide.

(iii) Convention on the protection of the Rights of Migrant workers.

(iv) Convention against Torture.

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iv) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (B)

36. Arrange the following events in the order in which they happened using the codes given below:

(i) Swadeshi Movement

(ii) Motilal Nehru Committee

(iii) Quit India Movement

(iv) Jalianwala Bagh

Codes:

(A) (i) (ii) (iv) (iii)

(B) (i) (iv) (ii) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

37. Who among the following launched educational reform movements among Muslims in India?

(i) Sir Syed Ahmed Khan

(ii) Sir W.W. Hunters

(iii) Shah Waliullah

(iv) Zakir Hussain

Codes:

(A) (i) and (iv)

(B) (i) and (iii)

(C) (ii), (iii) and (iv)

(D) (iii) and (iv)

Answer: (A)

38. Arrange sequence of following concepts as they appear in the Universal Declaration of Human Rights, 1948, using codes given below:

(i) Marriage

(ii) Right to Education

(iii) Arbitrary arrest

(iv) Equality

Codes:

(A) (iii) (ii) (i) (iv)

(B) (iv) (ii) (i) (iii)

(C) (iv) (iii) (ii) (i)

(D) (iv) (iii) (i) (ii)

Answer: (D)

39. Arrange sequence of following concepts as appearing in International Covenant on Civil and Political Rights, 1966:

(i) Liberty of movement

(ii) Torture, in human treatment and punishment

(iii) Slavery

(iv) Family

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (i) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (i) (iii) (ii)

Answer: (B)

40. Arrange the following regional human rights instruments in the order of their adoption:

(i) African Charter on Human and People’s Rights

(ii) American Convention on Human Rights

(iii) European Convention on Human Rights

(iv) Arab Charter on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (ii) (i) (iv)

(C) (iii) (ii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (B)

From question numbers 41 – 46 matchList – I with List – II and select the correct answer with the help of codes given below:

41. List – I                                                                  List – II

a. Free Legal Aid                                                        i. Article – 51

b. Uniform Civil Code                                                ii. Article – 48A

c. Promotion of International Peace and Security      iii. Article – 44

d. Safeguarding forests and wild life                                     iv. Article – 39A

Codes:

      a b c d

(A) i iv ii iii

(B) iii ii i iv

(C) iv iii i ii

(D) ii iii iv i

Answer: (C)

42. List – I                                                                                                                  List – II

a. Indigenous and Tribal People’s Convention – 1989                                               i. UNESCO

b. Convention Against Discrimination in Education – 1960                                      ii. Council of Europe

c. GenevaConvention –1949                                                                                      iii. ILO

d. The Framework Convention for the protection of National Minorities – 1994     iv. ICRC

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) iii ii i iv

(D) iii i iv ii

Answer: (D)

43. List – I                                                                  List – II

(Commissions)                                                            (Chairpersons)

a. National Human Rights Commission                      i. Wajahat Habibullah

b. National Commission of Minorities                        ii. K.G. Balakrishnan

c. National Commission for Scheduled Castes           iii. MamtaSharma

d. National Commission on Women                           iv. P.L. Punia

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iii iv ii i

(D) i ii iii iv

Answer: (B)

44. List – I                              List – II

(Authors)                                 (Books)

a. Amartya Sen                       i. Theory of Justice

b. John Rawls                          ii. Development as Freedom

c. Ronald Dworkin                 iii. On Liberty

d. J.S. Mill                               iv. Taking Rights seriously

Codes:

       a b c d

(A) ii i iv iii

(B) i ii iii iv

(C) iii ii iv i

(D) i iii ii iv

Answer: (A)

45. List – I                                                      List – II

a. Justice                                                          i. Dehumanisation

b. Third generation of Human Rights             ii. Model of development

c. Globalization                                               iii. Collective Rights or Solidarity Rights

d. Growth approach                                        iv. Basic concept

Codes:

       a b c d

(A) iii iv i ii

(B) iv iii i ii

(C) iv iii ii i

(D) ii i iv iii

Answer: (B)

46. List – I                              List – II

(Organizations)                       (Areas of Work)

a. ICRC                                   i. Environment & Science

b. PUCL                                  ii. Conservation of Nature

c. IUCN                                  iii. Humanitarian Law

d. CES                                    iv. Civil Rights

Codes:

      a b c d

(A) i ii iii iv

(B) iii iv ii i

(C) iv ii iii i

(D) i iv iii ii

Answer: (B)

Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 47 to 50):

The mythological history of India does not provide many clues to the direct rebellions of the oppressed masses against their oppression. But it is inconceivable that they did not take place at all over a long period of millennia that nibbled at their existence every moment with a ‘divine’ contrivance called caste. The extraordinary success of this contrivance of social stratification is as much attributable to its own design that effectively obviated coalescence of the oppressed castes and facilitated establishment and maintenance of ideological hegemony as to its purported divine origination. None could ordinarily raise a question as it meant incurring divine wrath and consequent ruination of the prospects of getting a better birth in their next life. Thus the caste system held society in a metaphysical engagement and at the same time in physical alienation with itself. Materially it provided for the security of every one through caste profession and psychologically an aspirational space for every caste including the non-caste untouchables to feel superior to some other. Since this superstructure was pivoted on the religio-ideological foundations, the manifestation of the resistance to the caste system always used the metaphysical tool kit that contrived its arguments into the religious form. Right from the early revolts like Buddhism and Jainism down to the Bhakti movement in the medieval age, one finds articulation of opposition to the caste system materialising in a religio – ideological idiom. This trend in fact extends well down to modern times that mark a new awakening of the oppressed castes and the birth of the contemporary Dalit movement. All anti-caste movement thus, from the beginning to the Present, invariably got engaged in religious confrontation with Brahmanism, either by its denouncement or adoption of some other religion. Some people contend that caste system was not a rigid system. They argue that even in the past inter-caste mingling of people took place. However, the fact remains that their argument is not corroborated by sufficient evidence at least till the advent of British Rule.

47. Choose the correct statement:

(A) Dalit justice movement was part of Indian mythologized history.

(B) Dalit repression did not prevail in the mythologized Indian history.

(C) Divinity attributed caste system of ancient India would have facilitated Dalit oppression in all probability.

(D) None of the above.

Answer: (C)

48. Divine attributes to caste:

(A) Provide sense of security

(B) Provide justification for physical alienation

(C) Provide psychological satisfaction about relative superiority

(D) Provide all the above

Answer: (D)

49. Identify the statement which is not correct?

(A) Medieval age also witnessed anti-caste movements.

(B) All caste movements whether pre-modern or modern attack on Brahmanism.

(C) Some new religions have their origin in anti-caste philosophy.

(D) None of the above

Answer: (D)

50. Which statement correctly depicts the stand of the author of the passage?

(A) Caste system of earlier times was not rigid.

(B) Inter caste movements were possible in earlier times.

(C) Rigidity of caste system remained the same till the advent of British Rule.

(D) The contention about flexible caste system is proved beyond doubt.

Answer: (C)

1- The protection of Human Rights Act in India was enacted in the year (A) 1993 (B) 1994 (C) 1995 (D) 1996 Answer: (A)

Solved Objective Question(MCQs)- Human Rights – 1st Set — Advocatetanmoy Law Library

Duty to Protect / Correct Utilizing a Universal Standard of Principles (Part Two)

After determining which rights were violated (whether unintentional or outright fraud) utilizing a universal standard of principles and ULTRS (universal language for testimony and reports) to determine which duty was triggered, we can begin to rectify the situation.

This leads to two questions: 1. Where does this situation fall on the spectrum of fairness and, depending on where it falls, 2. What does that translate into in terms of specific procedures that must be followed?

Spectrum of Fairness

The court in Baker v. Canada (Minister of Immigration and Citizenship) listed four factors which help determine where on the spectrum of fairness a given decision lands. Note that the “legitimate expectations” of the person challenging the decision is a consideration, but it is considered before the factors listed below. The doctrine of “legitimate expectations” does not affect where the decision lands on the spectrum of fairness. Rather, it tells us some of the specific procedures that must be followed.

i. Nature of the decision being made and the process followed in making it: here, an assessment of how formal or informal the decision at hand is made. The more adjudicative the administrative decision maker’s nature and the process it follows (i.e. a formal decision), the more procedural safeguards necessary. The more operational or administrative (i.e. an informal decision), the less procedural safeguards necessary

ii. Nature of the statutory scheme and the terms of the statute pursuant to which the body operates: here, an assessment of the statutory scheme is made. If no further remedies or appeal are available under the statute, more procedural safeguards are necessary because the first level of the decision must be procedurally fair.

An assessment of the complexity of the decision being challenged is also made. If it is a relatively simple decision, it will fall at the lower end of the spectrum.

iii. Importance of the decision to the affected parties: here, an assessment of how important the outcome of the decision is to the parties affected. Where the decision is important to the affected parties, high procedural safeguards are necessary. For example, in Kane it was held that a high standard of procedural fairness is required when the right to continue in one’s profession/employment is at stake.

iv. Choices made by the decision-maker: here, an assessment of the power given to the administrative decision maker over its own procedures is made. If they have a lot of power, they are under a high procedural obligation and the decision is at the higher end of the spectrum.

Once these factors are considered, we end up with a point on the spectrum. The next question is: how does this translate into specific procedures?

Specific Procedures

The specific procedures required differs case by case. In Mavi, Justice Binnie stated that we ultimately need a fair process by considering what is relevant in the circumstances. There are general considerations that the court looks to when determining specific procedures:

  • The determination of specific procedures is a balance of fairness, efficiency and predictability of the outcome; and
  • The people affected by a decision have the opportunity to be heard and considered.

The doctrine of “legitimate expectations” can create specific procedures that must be followed where the administrative decision maker has made a certain representation or promise regarding specific procedures that will be followed.

An oral hearing is not necessarily required under the common law where a statute does not specify whether an oral hearing must be held. In Khan, the court held that, if an administrative decision maker is going to decide adversely against someone’s credibility and that person is affected by a decision of the administrative decision maker, an oral hearing must be held.

The enabling statute may state whether reasons for the decisions are required. An administrative decision maker who is subject to the SPPA must give reasons to the affected parties if they ask for them. At common law, Baker clarified that where a decision has important significance for an individual, where there is a statutory right of appeal or in other circumstances, some form of reasons should be required. In Newfoundland and Labrador Nurses’ Union, the court held that, at the procedural fairness stage, the only consideration is whether there is a duty to provide reasons. The adequacy of reasons is not a relevant consideration at this stage. In Baker, it was held that where some form of reasons are required, there is flexibility as to what those reasons generally look like. The courts are very flexible as to what counts as reasons.

Conclusion

At this stage of the analysis, there is a two step test. Determining what procedures are required after determining where on the spectrum a given decision lands is a contextual analysis.

My next blog entry will focus on procedural obligations arising under the constitution.

Procedural Obligations: Duty to Protect via Title 17 Utilizing a Universal Standard of Principles (Part One) via Anthony’s Blog

In my last blog entry, I discussed procedural obligations arising from statute and soft law. What happens when those documents are silent or ambiguous? When a statute is silent or leaves gaps with respect to procedure, the common law steps in to fill those gaps. The other fundamental principle is that to override the rules […]

via Procedural Obligations: Common Law (Part One) — Anthony’s Admin Law Blog