UGC-NET (NTA) Human Rights and Duties, December-2023

Total Questions: 100

91. Read the following Passage and answer the questions.

Theories of justice are not, taken by most mainstream practitioners to be anything like as general and underspecified as a framework of reasoning. Rather, these specialists seem determined to take us straightaway to some fairly detailed formula for social justice and to firm identification, with no indeterminacy of the nature of just social institutions.
Rawls's theory of justice illustrates this very well. There is a lot of critical reasoning, involving respectively the pre-eminence of fairness, the conception of the original position, the nature of representation that is involved in the exercise and the type of unanimity that is expected in the choice of institutional principles in the original position.
All such general reasoning takes us, we are assured, to quite clear-cut rules to follow as unambiguous principles of justice, with singular institutional implications. In the case of Rawlsian justicе, these principles primarily include the priority of liberty (the first principle), some requirements of procedural equality (first part of the second principle) and some demands of equity, combined with efficiency, in the form of giving precedence to promoting the interests and advantages of the worst-off group (the second part of the second principle).
With all this particularized delineation in Rawlsian theory, there need be no great fear of being accused of indecisiveness.
Where can some requirements of procedural equality be found in the case of Rawlsian justice?

Correct Answer: B. In the first part of the second principle.
Solution:

The requirements of procedural equality in Rawlsian justice are specified in the first part of the second principle.
This principle focuses on ensuring that social and economic inequalities are arranged in a way that they are to the greatest benefit of the least advantaged, under conditions of fair equality of opportunity.

92. Which of these is an unambiguous principle of justice with singular institutional implications in the contact of Rawlsian justice'?

Correct Answer: C. Priority of liberty
Solution:

In the context of Rawlsian justice, the priority of liberty stands out as an unambiguous principle of justice with singular institutional implications. This principle asserts that each person has an equal right to a fully adequate scheme of equal basic liberties, which is compatible with a similar scheme for all.

93. As per the author Rawlsian theory cannot be accused of :

Correct Answer: A. Indecisiveness
Solution:

According to the author, Rawlsian theory cannot be accused of indecisiveness. The theory is detailed and specifies clear-cut rules for justice and institutional principles, minimizing any ambiguity or uncertainty in its applications and interpretations.

94. What does Rawl's theory of justice illustrate in terms of what mainstreams practitioners do?

Correct Answer: B. Provide a firm identification of the nature of just social institutions
Solution:

Rawls's theory of justice illustrates that mainstream practitioners of theories of justice provide a firm identification of the nature of just social institutions. Unlike broader, more general frameworks, Rawls's approach leads directly to specific principles and institutional designs aimed at achieving social justice.

95. What does the author consider the mainstream practitioners to take a theory of justice to be not like?

Correct Answer: D. General and underspecified as a framework of reasoning.
Solution:

The author considers that mainstream practitioners do not take a theory of justice to be general and underspecified as a framework of reasoning. Instead, they are determined to derive specific and detailed formulas for social justice, moving away from broader, less defined approaches.

96. Read the following Passage and answer the questions.

A big limitation that stands in the way of Parliament, acting by a special majority, to introduce drastic changes in the constitution, is the judicially innovated doctrine of "basic features" which can be eliminated only if a Bench larger than the"13-Judge Bench" in Keswananda's case be prepared to overturn the decision in that case.
In the meantime, applying Keswananda. the majority of the Constitution Bench has invalidated Clauses (4) and (5) of Article 368 as violative of the basic features of the Constitution. The Fundamental Rights form the basic structure of the Constitution. Any law tha abrogates or abridges such rights would be violative of the doctrine of basic structure.
Article 32 being a fundamental right, it is the duty of the court to ensure that no fundamental right is contravened or abridged by any statutory or constitutional provision.
A violation of separation of powers need not rise to such a level that the Apex Court considers it an abrogation of the basic structure. It is important to note that separation of powers. Between three organs-the Legislature, the Executive and the judiciary-is also nothing but a consequence of principles of equality enshrined in Article 14 of the Constitution of India.
Accordingly, breach of the separation of Judicial powers, may amount to negation of equality under Article 14. Stated thus, a legislation can be invalidated on the basis of breach of the separation of powers, since such breach is negation of equality under Article 14 of the constitution.
What was the bench strength in the case of Kesavananda?

Correct Answer: D. Thirteen Judges
Solution:

The bench strength in the case of Kesavananda Bharati v. State of Kerala was thirteen judges.
This is historically significant as it was the largest bench ever constituted by the Supreme Court of India at that time, tasked with deciding the limits of the constitutional amendment powers of the Parliament.

97. What is the biggest limitation on the parliament to drastically change the constitution by a special majority?

Correct Answer: C. Overturning the doctrine of basic features by a Larger bench
Solution:

The biggest limitation on the parliament to drastically change the constitution by a special majority is the doctrine of basic features, as established in the Kesavananda Bharati case.
This doctrine holds that certain fundamental aspects of the constitution cannot be altered by amendments. For these basic features to be overturned, a larger bench than the one in Kesavananda's case would need to reverse the decision.

98. Which of these is a basic structure of the Constitution?

Correct Answer: A. Fundamental rights
Solution:

Fundamental Rights form a basic structure of the Constitution of India. Any law that abrogates or abridges such rights would be violative of the doctrine of basic structure, which is designed to preserve the core values and principles enshrined in the Constitution, including those of fundamental rights.

99. Which is the nexus between separation of powers and Article 14 of the Constitution of India?

Correct Answer: B. Breach of separation of judicial powers may amount to negation of equality under Article 14
Solution:

The nexus between separation of powers and Article 14 of the Constitution of India is that a breach of the separation of judicial powers may amount to a negation of equality under Article 14.
This principle asserts that the separation of powers between the legislature, executive, and judiciary is a consequence of principles of equality, and violating this separation could undermine equality before the law.

100. Which of these is a fundamental right?

Correct Answer: D. Right to approach the Supreme Court of India under Article 32 of the Constitution
Solution:

The right to approach the Supreme Court of India under Article 32 of the Constitution is a fundamental right. Article 32 provides the right to constitutional remedies, which means that aa person can go to the Supreme Court to seek justice when they believe that their fundamental rights have been 'unduly deprived or violated.