Godhra Carnage Case Narco Analysis Quiz and Flashcards

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Questions and Answers

What was Nandini Satpathy's reason for refusing to answer the questionnaire given by the police?

She did not have time to answer the questions.

She didn't understand the questions given.

She didn't want to cooperate with the police.

It was a violation of her fundamental right against self-incrimination. (correct)

According to the Supreme Court, what right does an accused have during interrogation?

The right to expose someone else's guilt.

The right to silence if admitting guilt. (correct)

The right to coerce others into giving statements.

The right to refuse to appear before the Deputy Superintendent of Police.

Which of the following is considered a violation of the constitutional guarantee against self-incrimination?

Yoga Classes

Narco-Analysis Test (correct)

Reading a Book

Physical Exercise

What essential element of a fair trial does an accused cannot be forced to do?

Give evidence against themselves Signup and view all the answers

Which of the following tests would be considered violative of Article 20 (3) of the Constitution?

Lie Detector Test Signup and view all the answers

What specific act would violate an accused person's rights according to the text?

Forcing suspects to sign statements admitting their guilt Signup and view all the answers

What is the purpose of the Doctrine of Severability?

To void a specific section of a law if found unconstitutional Signup and view all the answers

Under Article 13(2) of the Indian Constitution, what happens to a law that contravenes fundamental rights?

It becomes void to the extent of the contravention Signup and view all the answers

What does Article 14 of the Indian Constitution guarantee?

Equality before the law and equal protection of laws Signup and view all the answers

What is the concept of Judicial Review in India?

Ability to declare a law unconstitutional Signup and view all the answers

In the context of the text, what does the Doctrine of Eclipse refer to?

Temporary invalidity of a law due to inconsistency with the Constitution Signup and view all the answers

How does Article 361 of the Indian Constitution differ from Article 14?

Article 361 provides special powers while Article 14 guarantees equal treatment Signup and view all the answers

Who is typically part of the team conducting Narco-analysis test in India?

An anesthesiologist, a psychiatrist, a clinical/forensic psychologist, an audio-videographer, and supporting nursing staff Signup and view all the answers

Who can advise the President of India on declaring war or concluding peace?

The Prime Minister Signup and view all the answers

In which case was Narco-analysis first used in India in 2002?

The Godhra carnage case Signup and view all the answers

In whose name are all important treaties and contracts made in India?

The President Signup and view all the answers

In the Selvi v. State of Karnataka case, what did the judges rule regarding the use of Narco-analysis without consent?

Unconstitutional and violation of the right to privacy Signup and view all the answers

Who appoints the chiefs of the service branches of the armed forces in India?

The President Signup and view all the answers

What does Article 20 (3) of the Constitution protect?

An individual's choice between speaking and remaining silent Signup and view all the answers

According to Article 21 of the Indian Constitution, what should not happen without following the established law procedures?

Deprivation of life or personal liberty Signup and view all the answers

Under what circumstances can the President of India grant pardons according to Article 72 of the Indian Constitution?

Punishment is by a Military Court Signup and view all the answers

Which right is considered as the most fundamental of all human rights according to the information provided?

Right to life Signup and view all the answers

Are the decisions involving pardoning and other rights by the President dependent on the opinion of the Prime Minister or Lok Sabha majority?

No, they are independent Signup and view all the answers

Who advises the President of India when exercising executive powers in most cases?

The Prime Minister and cabinet Signup and view all the answers

What does Article 32 of the Indian Constitution confer?

The right to move the Supreme Court for the enforcement of Fundamental Rights Signup and view all the answers

Which statement best describes Article 32 in comparison to other fundamental rights?

It is remedial, not substantive in nature Signup and view all the answers

According to Dr. B.R. Ambedkar, what importance does Article 32 hold in the Indian Constitution?

It is the very soul and heart of the Constitution Signup and view all the answers

What authority does Article 32 give to the apex court?

To issue directions or orders for the execution of fundamental rights Signup and view all the answers

What does Article 226 of the Indian Constitution empower High Courts to do?

Issue writs for the enforcement of fundamental rights Signup and view all the answers

How many sub-clauses does Article 32 contain?

4 Signup and view all the answers

Study Notes

Doctrine of Severability and Eclipse

The doctrine of severability is applied when a part of a law is found to be unconstitutional, and the remaining parts of the law can still operate.
The doctrine of eclipse is applied when a law is found to be unconstitutional, but it can still be revived if the unconstitutional part is removed.

Concept of Judicial Review

The power of judicial review is the authority of the Supreme Court and High Court to declare the validity of a law.
This power is exercised when a law is challenged on the grounds that it violates fundamental rights.

Right to Equality

Article 14 of the Indian Constitution guarantees equality before law and equal protection of laws.
This right is based on the concept of negative equality, which means that the State cannot discriminate between individuals.
The concept of equal protection of laws is based on the idea that like should be treated alike.
However, there are exceptions to this rule, such as Article 361, which grants special powers to the President and Governor.

Right to Silence

An accused person has the right to silence during interrogation, and cannot be coerced or influenced into giving a statement that may point to their guilt.
This right is guaranteed by Article 20(3) of the Indian Constitution.

Narco-Analysis, Brain Mapping, and Lie Detector Tests

These tests are violative of Article 20(3) of the Indian Constitution, which guarantees the right against self-incrimination.
The use of these tests without the consent of the accused is unconstitutional and violates the right to privacy.

Right to Life and Personal Liberty

Article 21 of the Indian Constitution guarantees the right to life and personal liberty.
This right is considered the most fundamental of all human rights.
It is an essential part of human life, and the remedy for its enforcement is provided by Article 32.

Article 32 and Remedies

Article 32 confers the right to move the Supreme Court for the enforcement of fundamental rights.
This right is remedial and not substantive in nature.
The Supreme Court is given the authority to issue directions or orders for the execution of any of the rights conferred by the Constitution.

Pardoning Powers of the President

The President of India has the power to grant pardons, reprieves, or remissions of punishment to any person who has been convicted by a Court of Law.
This power is exercised in the following situations:
- Punishment is for an offence against Union Law
- Punishment is by a Military Court
- Sentence is that of death

Federalism and Centre-State Relationship

Federalism is a system of government where power is divided between a central authority and smaller units of government.
India adopted federalism to ensure unity and diversity in the country.
The Indian Constitution is considered federal in nature, but has some unitary features.

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Description

Explore the use of Narco-analysis in India, involving a team of professionals including an anesthesiologist, psychiatrist, psychologist, and more. Learn about the first instances of Narco-analysis in prominent cases like the Godhra carnage, Arun Bhatt kidnapping, Telgi stamp paper scam, Nithari village serial killings, and the Selvi v. State of Karnataka case.

Narco-analysis Test in India

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