2013 December UGC NET Solved Question Paper in Human Rights and Duties Paper 3
1. Who is the author of the book ‘The Future of Human Rights’?
(A) Amartya Sen
(B) Upendra Baxi
(C) Sunil Khilnani
(D) Ayesha Jalal
Answer: (B)
2. Which of the following Article guarantees Right to Property to the People in India?
(A) Article 300 A
(B) Article 31
(C) Article 21A
(D) Article 200
Answer: (A)
3. The Declaration of Helsinki sets out ethical principle for
(A) Medical Research
(B) Scientific Research
(C) Chemical Research
(D) Biological Research
Answer: (A)
4. Which Writ is issued by the court to a Government Officer commanding the performance of certain acts or duties?
(A) Certiorari
(B) Mandamus
(C) Quo Warranto
(D) Habeas Corpus
Answer: (B)
5. The Bill of Rights is the collective name for the first ten amendments to the Constitution of
(A) U.S.A.
(B) U.K.
(C) France
(D) Switzerland
Answer: (A)
6. In which of the following case, the Supreme Court declared Right to Privacy as a Fundamental Right?
(A) Sheela Barse Vs. State of Maharashtra
(B) Shantistar Builders Vs. N.K. Totame
(C) Govind Vs. State of Madhya Pradesh
(D) Sunil Batra Vs. Delhi Administration
Answer: (C)
7. Right to Property, under the Indian Constitution, is a
(A) Fundamental Right
(B) Legal Right
(C) Natural Right
(D) Moral Right
Answer: (B)
8. A sociological perspective on citizenship was provided by
(A) Max Weber
(B) T.B. Bottomore
(C) T.H. Marshall
(D) Karl Marx
Answer: (C)www.netugc.com
9. The Cortagena Declaration of 1984 deals with
(A) Women
(B) Refugees
(C) Children
(D) Persons with Disability
Answer: (B)
10. Which of the following causes challenge at international level in formation of the concept of human rights?
(A) Problem of Dowry
(B) Cultural Exceptionalism
(C) Attitude of Mother-in-law towards daughter-in-law
(D) Domestic violence
Answer: (B)
11. Which of the following is not a Millennium Development Goal?
(A) To eradicate extreme poverty and hunger.
(B) To promote gender equality.
(C) To combat HIV/AIDS.
(D) To promote Sustainable Development.
Answer: (D)
12. Which provision of the Indian Constitution provides basis for formation of Special Court?
(A) Article 13
(B) Article 14
(C) Article 18
(D) Article 20
Answer: (B)
13. Undeveloped theories of human rights includes
(A) Rights of Life
(B) Rights of Equality
(C) Rights to Solidarity
(D) Rights of Backward Class
Answer: (C)
14. Which theory provides basis for special provision for deprived sections?
(A) Pure Theory
(B) Difference Theory
(C) Sovereign Theory
(D) Utilitarian Theory
Answer: (B)
15. When did India enact positive law on human rights?
(A) 1993
(B) 1950
(C) 1919
(D) 1935
Answer: (A)
16. Who cannot be appointed as member of the National Human Rights Commission?
(A) District Judge
(B) Chief Justice of any High Court
(C) Eminent Scholar having expertise in the field of human rights.
(D) Judge of the Supreme Court of India.
Answer: (A)
17. Mention the nature of the ‘Right to Education’ available under the Indian Constitution.
(A) Universal
(B) Absolute
(C) Qualified
(D) Integral
Answer: (C)
18. Which case decided by the Indian Judiciary provided jurisprudential genesis for human rights development in India?
(A) M.C. Mehta Vs. Union of India
(B) Maneka Gandhi Vs. Union of India
(C) Visakha Vs. State of Rajasthan
(D) Mandal Case
Answer: (B)
19. Which of the right available under the Indian Constitution provides basis for ‘reasonable classification’?
(A) Right to Life
(B) Rights to Equality
(C) Cultural & Educational Rights of Minorities
(D) Right to Fair Trial
Answer: (B)
20. Which incident inspired Henry Dunant to work for victims of armed conflict?
(A) Battle of Magenta
(B) Battle of Varese
(C) Battle of Montebello
(D) Battle of Solferino
Answer: (D)
21. The prisoner of War status is determined in accordance with Geneva Convention III:
(A) Article 3
(B) Article 4
(C) Article 5
(D) Article 6
Answer: (B)
22. Great Indian Social reformer Jotirao Phule was contemporary of
(A) Rousseau
(B) Thomas Aquinas
(C) Karl Marx
(D) None of these
Answer: (C)
23. Which one of the following is not concerned with the protection of minorities?
(A) The Polish Treaty – 1919
(B) The Nehru-Liaquat Pact – 1950
(C) Shimla Agreements – 1972
(D) The Treaty of Lausanne – 1923
Answer: (C)
24. The Headquarters of the International Committee of Red Cross is located at
(A) Paris
(B) New York
(C) Geneva
(D) The Hague
Answer: (C)
25. Rangnath Misra Commission Report dealt with the measures for the welfare of
(A) Scheduled Castes
(B) Scheduled Tribes
(C) Minorities
(D) Backward Classes
Answer: (C)
26. Which one of the following is not a Fundamental Duty enshrined in the Constitution?
(A) To defend the country
(B) To value and preserve the rich heritage of our composite culture.
(C) To protect and improve the natural environment.
(D) To promote international peace.
Answer: (D)
27. Who coined the term ‘Genocide’?
(A) Raphael Lemkin
(B) Robert H. Jackson
(C) Martin Shaw
(D) Woodrow Wilson
Answer: (A)
28. In which case the Supreme Court of India laid down specific guidelines required to be followed while making arrest?
(A) Sheela Barse Vs. State of Maharashtra
(B) S.P. Gupta Vs. Union of India
(C) Vishakha Vs. State of Rajasthan
(D) D.K. Basu Vs. State of West Bengal
Answer: (D)
29. Which body has replaced the former UN Sub-commission on the Promotion and Protection of Human Rights?
(A) Human Rights Committee
(B) UN Expert Group on Human Rights
(C) Human Rights Council Advisory Committee
(D) Working Group on Human Rights
Answer: (C)
30. The Magna Carta was signed in June 1215 between Barons of Medieval England and
(A) King John
(B) Edward VII
(C) William Henry
(D) George Louis
Answer: (A)
31. Which of the following is not considered as ‘Jus cogens’ norm of general international law?
(A) Prohibition of Torture
(B) Prohibition of Crime of Genocide
(C) Right to self-determination
(D) Discrimination against women
Answer: (D)
32. The author of the “UN Study on the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities” is
(A) Jules Deschenes
(B) Francesco Capotorti
(C) Manfred Nowak
(D) John Packer
Answer: (B)
33. Which one of the following organizations is three times recipient of Nobel Peace Prize?
(A) ICRC
(B) ILO
(C) IAEA
(D) OPCD
Answer: (A)
34. Who is current UN Special Rapporteur on the Right to Education?
(A) Farida Shaheed
(B) Kishore Singh
(C) Anand Grover
(D) Rashida Manjoo
Answer: (B)
35. Both the ICCPR and ICESCR begin with identical provisions on the
(A) Right to Life
(B) Right to Liberty and Security
(C) Right to Self-determination
(D) Right to Fair Trial
Answer: (C)
36. Assertion (A): Non-violence constitutes the bedrack of enjoyment of human rights in any society.
Reason (R): Gandhi professed nonviolence to secure human right for the people in India.
Codes:
(A) Both (A) and (R) are correct and (R) is the correct explanation for (A).
(B) Both (A) and (R) are correct, but (R) is not the correct explanation for (A).
(C) (A) is correct, but (R) is incorrect.
(D) (A) is incorrect, but (R) is correct.
Answer: (C)
37. Assertion (A): Scientific and technological inventions are posing newer challenges to the human rights discourse in contemporary times.
Reason (R): Scientific and technological inventions introduce hitherto unknown dimensions to the life of the people.
Codes
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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)
38. Assertion (A): Constitution is a complex document and not to be construed as mere law, but as the machinery by which laws are made.
Reason (R): Constitution is the basic law that stipulates a particular way of life for the people.
Codes:
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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)
39. Assertion (A): National Human Rights Commission has been established to act as the nodal institution for protection and promotion of human rights in India.
Reason (R): Conventional machinery for protection and promotion of human rights in India has been found to be ineffective.
Codes:
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (R) is not the correct explanation of (A).
(C) (A) is correct, but (R) is incorrect.www.netugc.com
(D) (A) is incorrect, but (R) is correct.
Answer: (B)
40. Assertion (A): Positive discrimination has been accepted as a legitimate method of uplifting the position of the marginalised sections of society.
Reason (R): There are certain sections in society whose historical marginalization cannot be undone without making special provisions for them.
Codes:
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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)
41. Assertion (A): International humanitarian law deals with the laws of humanitarian intervention aimed at protection of human rights.
Reason (R): Humanitarian intervention is not the most appropriate method of human rights protection in the world.
Codes:
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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)
42. Assertion (A): The idea of ‘rights’ and ‘duties’ of citizens is as old as the concept of State.
Reason (R): ‘Rights’ and ‘duties’ can be stipulated by State alone.
Codes:
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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: (C)
43. Assertion (A): Non-discrimination is the guiding principle of international human rights law.
Reason (R): Without eliminating discrimination among people, international human rights law can never be universal.
Codes:
(A) Both (A) and (R) are correct, and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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)
44. Assertion (A): Free and independent press is associated with democracy.
Reason (R): Political Liberty is possible only under a democratic set-up.
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)
45. Assertion (A): It is the duty of every citizen to obey the Constitutional mandate.
Reason (R): Holders of Public Office should not take decisions solely in terms of the public interest.
Codes:
(A) Both (A) and (R) are correct, but (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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: (C)
46. Assertion (A): ‘Preventive Detention’ is very much included in the Chapter on Fundamental Rights of the Indian Constitution.
Reason (R): Preventive Detention is definitely a fundamental right of the State against individuals.
Codes:
(A) Both (A) and (R) are correct, but (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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: (C)
47. Assertion (A): The people of India enjoy the rights of equality, liberty, freedom of religion and the rights to education and culture.
Reason (R): Fundamental Rights are justiciable.
Codes:
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both(A) and (R) are correct, but (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)
48. Assertion (A): A ‘Secular State’ means a State which observes neutrality and impartibility towards all religions.
Reason (R): A ‘Secular State’ is founded on the idea that the State views the relation between man and God as a matter of individual and private choice.
Codes:
(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(B) Both (A) and (R) are correct, but (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)
49. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. Negative Liberalism i. T.H. Green
b. Positive Liberalism ii. Norman Angell
c. Modern Individualism iii. Herbert Spencer
d. Idealism iv. J.S. Mill
Codes:
a b c d
(A) iii ii i iv
(B) iii iv ii i
(C) i ii iii iv
(D) iv iii i ii
Answer: (B)
50. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. National Human Rights Commission i. Mamta Sharma
b. National Commission for Minorities ii. P.L. Punia
c. National Commission for Women iii. K.G. Balakrishnan
d. National Commission for Scheduled Castes iv. Wajahat Habibullah
Codes:
a b c d
(A) iii iv i ii
(B) iii ii i iv
(C) iv i ii iii
(D) i iv iii iv
Answer: (A)
51. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. Promoting respect for human rights i. Art. 33
b. Prohibition on use of force ii. Art. 51
c. Self-defence iii. Art. 2
d. Pacific settlement of disputes iv. Art. 1
Codes:
a b c d
(A) iv iii ii i
(B) iii ii i iv
(C) i ii iii iv
(D) ii iii iv i
Answer: (A)
52. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. Magna Carta i. 1215
b. English Bill of Rights ii. 1689
c. Geneva Conventions iii. 1949
d. Refugee Convention iv. 1951
Codes:
a b c d
(A) i ii iv iii
(B) ii iii iv i
(C) i ii iii iv
(D) iv i ii iii
Answer: (C)
53. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. Right to constitutional remedy i. Article – 30
b. Protection of interest of minorities ii. Article – 17
c. Abolition of untouchability iii. Article – 16
d. Equality of opportunities in the matters of public employment iv. Article – 32
Codes:
a b c d
(A) i ii iii iv
(B) iv i ii iii
(C) ii iii i iv
(D) iii ii i iv
Answer: (B)
54. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. Concurrent List i. British Constitution
b. Directive Principles ii. American Constitution
c. Federalism iii. Australian Constitution
d. Rule of Law iv. Irish Constitution
Codes:
a b c d
(A) iii iv ii i
(B) iv iii i ii
(C) ii i iii iv
(D) i ii iii iv
Answer: (A)
55. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. Concept of State i. Art. 25
b. Judicial Review ii. Art. 15 – 16
c. Right to Freedom of Religion iii. Art. 13
d. Prohibition of Discrimination iv. Art. 12
Codes:
a b c d
(A) i ii iii iv
(B) iv iii ii i
(C) iii ii i iv
(D) iv iii i ii
Answer: (D)
56. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. Karl Marx i. Two Treatises on Civil Government
b. John Locke ii. Law of Free Monarchies
c. J.J. Rousseau iii. Das kapital
d. James – I iv. The Social Contract
Codes:
a b c d
(A) iv i ii iii
(B) iii iv ii i
(C) iii i iv ii
(D) i ii iii iv
Answer: (C)
57. Match List – I with List – II and select the correct answer from the codes given below:
List – I List - II
a. Patrick Thornberry i. International Criminal Law
b. James C. Hathaway ii. Global Crisis of Internal Displacement
c. M. Cherif Bassiouni iii. International Law and the Rights of Minorities
d. Francis M. Deng iv. The Law of Refugee Status
Codes:
a b c d
(A) ii iii iv i
(B) iii iv i ii
(C) i ii iii iv
(D) iv iii ii i
Answer: (B)
58. Match List – I with List – II and select the correct answer from the codes given below:
List – I List - II
a. Right to adequate means of livelihood i. Article – 39
b. Right to work ii. Article – 41
c. Right of workers to participate in management of industries iii. Article – 43
d. Right of children for free and compulsory education iv. Article – 21A
Codes:
a b c d
(A) i ii iii iv
(B) ii iii iv i
(C) iii iv i ii
(D) iv i ii iii
Answer: (A)
59. Match List – I with List – II and select the correct answer from the codes given below:
List – I List – II
a. Tehran Conference i. 1995
b. Vienna Conference ii. 1993
c. Beijing Conference iii. 1968
d. Johannesburg Conference iv. 2004
Codes:
a b c d
(A) i ii iii iv
(B) iv iii ii i
(C) iii iv ii i
(D) iii ii i iv
Answer: (D)
60. Match List – I with List – II and select the correct answer from the codes given below:
List – I (Instruments) List – II (Year)
a. U.D.H.R. i. 1966
b. International Covenant on Civil and Political Rights ii. 1948
c. Convention on the Rights of Child iii. 1968
d. World Conference on Human Rights, Tehran iv. 1989
Codes:
a b c d
(A) iv iii ii i
(B) i iv ii iii
(C) ii i iv iii
(D) iii ii iv i
Answer: (C)
61. Arrange the following key words of the Preamble to the Constitution of India in order of their appearance:
(i) Socialist
(ii) Secular
(iii) Democratic
(iv) Republic
Codes:
(A) (iv), (iii), (ii), (i)
(B) (iii), (ii), (i), (iv)
(C) (ii), (iv), (i), (iii)
(D) (i), (ii), (iii), (iv)
Answer: (D)
62. Arrange the following Fundamental Duties as per their Constitutional order of sequence:
(i) to strive towards excellence
(ii) to develop scientific temper
(iii) to protect and improve the natural environment
(iv) to value and preserve the rich heritage of our composite culture
Codes:
(A) (i), (iv), (iii), (ii)
(B) (ii), (iii), (i), (iv)
(C) (iv), (iii), (ii), (i)
(D) (iii), (i), (ii), (iv)
Answer: (C)
63. Arrange the following instruments relating to regulation of armed conflicts in order of their adoption:
(i) Land Mines Treaty
(ii) Nuremberg Charter
(iii) Chemical Weapons Convention
(iv) Convention on Cluster Munitions
Codes:
(A) (i), (ii), (iii), (iv)
(B) (ii), (iii), (i), (iv)
(C) (iii), (i), (ii), (iv)
(D) (iv), (iii), (ii), (i)
Answer: (B)
64. Arrange the following Human Rights Conventions in the order of their adoption:
(i) International Covenant on Civil and Political Rights
(ii) Convention on the Elimination of All Forms of Discrimination against Women.
(iii) Convention on the Rights of Child.
(iv) Convention on the Rights of Persons with Disabilities.
Codes:
(A) (iv), (iii), (ii), (i)
(B) (ii), (i), (iii), (iv)
(C) (i), (ii), (iii), (iv)
(D) (iii), (iv), (ii), (i)
Answer: (C)
65. Arrange the following rights enshrined in the International Covenant on Civil and Political Rights in order of sequence:
(i) Right to Fair Trial
(ii) Right to Life
(iii Right to Privacy
(iv) Right to Equality
Codes:
(A) (iv), (iii), (ii), (i)
(B) (ii), (i), (iii), (iv)
(C) (i), (ii), (iii), (iv)
(D) (iii), (iv), (ii), (i)
Answer: (B)
66. Arrange the following European Human Rights instruments chronologically and answer from codes given below:
(i) European Convention on Human Rights
(ii) European Social Charter
(iii) European Charter for Regional or Minority Languages
(iv) Framework Convention for the Protection of National Minorities
Codes:
(A) (iv), (iii), (ii), (i)
(B) (ii), (i), (iii), (iv)
(C) (i), (ii), (iii), (iv)
(D) (iii), (iv), (ii), (i)
Answer: (C)
67. States NOT party to the Rome Statute of International Criminal Court are:
(i) India
(ii) USA
(iii) China
(iv) Japan
Codes:
(A) (i), (ii) and (iii) are correct.
(B) (ii), (iii) and (iv) are correct.
(C) (i), (ii) and (iv) are correct.
(D) (i), (iii) and (iv) are correct.
Answer: (A)
68. Members of militia and volunteer corps belonging to a party to the conflict may also be given prisoner of war status, provided they fulfil the following conditions:
(i) being commanded by a person responsible for his subordinates.
(ii) having a fixed distinctive sign recognizable at a distance.
(iii) carry arms openly.
(iv) conducting their operations in accordance with laws and customs of war.
Codes:
(A) (i), (ii) and (iii) are correct.
(B) (i), (iii) and (iv) are correct.
(C) (i), (iii) and (iv) are correct.
(D) (i), (ii), (iii) and (iv) are correct.
Answer: (D)
69. The International Criminal Court has jurisdiction with respect to following crimes:
(i) Crime of Genocide
(ii) Crimes against Humanitywww.netugc.com
(iii) War Crimes
(iv) Crimes against Peace
Codes:
(A) (ii), (iii) and (iv) are correct.
(B) (i), (ii) and (iii) are correct.
(C) (i), (ii) and (iv) are correct.
(D) (i), (iii) and (iv) are correct.
Answer: (B)
70. A refugee is a person who is outside the country of his nationality owing to well founded fear of being persecuted for reasons of:
(i) Race
(ii) Religion
(iii) Nationality
(iv) Ethnicity
Codes:
(A) (i), (ii) and (iii) are correct.
(B) (i), (ii) and (iv) are correct.
(C) (ii), (iii) and (iv) are correct.
(D) (i), (iii) and (iv) are correct.
Answer: (A)
Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 71 to 75):
Criminal law entails two elements – substantive and procedural. While the distinction between substantive and procedural laws is a difficult one to draw in some instances, in most cases the difference between the two is straightforward. Substantive criminal law outlines what conduct and state of mind constitute an offence and layout the penalty for the offence. Procedural criminal law, on the other hand, concerns the functions of the courts, the prosecutors and the police, and the procedure to be followed while dealing with an accused person or a suspect, conducting investigations, and during a trial. Most provisions of the Indian Penal Code are clear examples of substantive criminal law. Similarly, the Code of Criminal Procedure, 1973 (CrPC), which is applicable all over India except the State of Jammu and Kashmir and certain tribal areas [Section 1(2)], is predominantly made up of procedural criminal laws.
A ‘crime’ is commonly defined to mean an act or an omission that is prohibited by law. Criminal statutes often require a certain state of mind, such as ‘intent’, in order for an act or omission to be criminal. Crimes may or may not have easily identifiable individual victims, but certain acts and omissions are criminalized because it is the state’s judgment that they negatively affect society as a whole. Consequently, it is the state that undertakes the task of prosecuting persons accused of committing crimes. India has adopted a predominantly adversarial system of conducting criminal trials, meaning that under ideal circumstances, the state and defendant (as represented by legal counsel) are legal adversaries in a court proceeding referred by an impartial judge. However, the Code of Criminal Procedure (CrPC) contains certain provisions that differ from the pure model of the adversarial system including for example, a more active role for the judge in the dispensation of justice.
The foundations of criminal justice are that the accused is presumed innocent until proven guilty beyond a reasonable doubt after a fair trial. In 1973 the legislature revised the CrPC based in part on the following principles:
(i) an accused person should get a fair trial in accordance with the accepted principles of natural justice;
(ii) every effort should be made to avoid delay in investigation and trial which is harmful not only to the individuals involved but also to society; and
(iii) the procedure should not be complicated and should, to the utmost extent possible, ensure fair deal to the poorer sections of the community.
The Supreme Court of India has in several cases reiterated that the primary object of criminal procedure is to ensure a fair trial for the accused. A fair trial entails striking a balance between the rights of the accused along with that of the victim and public interest. In the case of Zahira Habibulla H. Sheikh Vs. State of Gujarat the Supreme Court observed.
Right from the inception of (the) judicial system it has been accepted that discovery, vindication and establishment of truth is the main accepted underlying existence of courts of justice. The operating principles for a fair trial permeate the common law in both civil and criminal contexts. Application of these principles involve a delicate judicial balancing of competing interests in a criminal trial, the interests of the accused and the public and to a great extent that of the victim have to be weighed not losing sight of the public interest involved in the prosecution of persons who commit offences.
The chief functionaries of the criminal justice system are the police (in their investigative role), prosecutors, and the courts. But even citizens have been accorded certain duties under the CrPC. The criminal justice system in India mainly affects the rights of three classes of persons, namely the accused, victims and witnesses.
Articles 20, 21 and 22 of the Indian Constitution enumerate basic procedural rights and safeguards for those accused of and prosecuted for committing crimes. The right to equality is also relevant to criminal prosecutions, and has also been invoked to strike down unreasonable criminal provisions – whether substantive or procedural.
71. Scope of substantive law imbibes in it
(A) substantive and procedural aspects of law
(B) offences and punishment thereof
(C) Functions of court
(D) Role of Prosecutor
Answer: (B)
72. Why State used to prosecute?
(A) Minimalist role of State to protect subject and property.
(B) State makes laws.
(C) State creates courts.
(D) State has control over the police.
Answer: (A)
73. Mention the founding principle of criminal justice system.
(A) Fact not relevant otherwise relevant
(B) Principle of Extradition
(C) Principle of Non-intervention
(D) Presume innocent unless proved guilty beyond doubt
Answer: (D)
74. Mention the primary object of criminal procedure.
(A) Speed Trial
(B) Fair Trial
(C) Summary Trial
(D) Session Trial
Answer: (B)
75. Which Provisions of the Indian Constitution safeguards accused?
(A) Article 17, 20 and 22
(B) Article 22, 20 and 21
(C) Article 20 and 22
(D) Article 19 to 22
Answer: (B)