Fundamental Rights — UPSC Prelims Polity previous year questions

Article 13(3)(a) defines 'law' for Part III. It includes any ordinance, order, bye-law, rule, regulation or notification.
It also includes custom or usage that has the force of law in the territory of India.
'X' was right that law includes ordinances, orders, rules and regulations. But X was not convinced that custom is law, and this is wrong.
'Y' is right that custom or usage is covered.
So only Y's view on the disputed point is correct.
Remember: Article 13 does not cover constitutional amendments under Article 368 (Kesavananda Bharati).

Source: Constitution of India, Art. 13(3)(a)

In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge Bench held that privacy is a fundamental right. The Court placed it under Article 21, the right to life and personal liberty. It also found support in Part III as a whole, including Article 19.
Article 15 bars discrimination. Article 16 gives equality in public jobs. Article 19 gives freedoms such as speech, but the main source of privacy is Article 21.
Remember: the Puttaswamy case overruled the earlier M.P. Sharma and Kharak Singh holdings on privacy.

Source: Justice K.S. Puttaswamy (Retd.) v. Union of India (2017); Constitution of India, Art. 21

In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge Bench held that privacy is a fundamental right.
The Court read it as part of the right to life and personal liberty under Article 21.
It also linked privacy to freedoms in Part III.
Article 15 bars discrimination. Article 19 gives freedoms. Article 29 protects minority culture.
Remember: Puttaswamy overruled M.P. Sharma (1954) and Kharak Singh (1962) on this point.

Source: Justice K.S. Puttaswamy v. Union of India (2017)

Article 14 guarantees equality before law and equal protection of the laws.
Courts hold that unguided and uncontrolled discretion allows arbitrary treatment. This breaks the guarantee of equality.
Article 28 relates to religious instruction in educational institutions. Article 32 is the right to constitutional remedies. Article 44 is the Uniform Civil Code, a Directive Principle.
Remember: Arbitrariness is the opposite of equality (E.P. Royappa, 1974).

Source: Constitution of India, Art. 14; E.P. Royappa v. State of Tamil Nadu (1974)

The 44th Amendment, 1978 removed the right to property from Part III.
Article 300A, now says no person shall be deprived of property except by authority of law.
So it is a constitutional or legal right. The word 'person' means it is available to citizens and non-citizens.
It is not a Fundamental Right now.
Remember: Article 300A is in Part XII, not Part III.

Source: Constitution of India, Art. 300A; 44th Amendment Act 1978

Statement 1 is correct. The Preamble speaks of justice, liberty, equality and dignity of the individual. These match the ideas of the UDHR.
Statement 2 is correct. Directive Principles cover the right to work, education and an adequate standard of living. These are found in the UDHR.
Statement 3 is correct. Fundamental Duties reflect Article 29 of the UDHR, which says everyone has duties to the community.
So all three parts reflect the UDHR.
Remember: India took part in drafting the UDHR in 1948.

Source: Previous year paper; answer key cross-checked against published sources

Article 17 abolishes untouchability and bans its practice. It is in Articles 14 to 18, the Right to Equality.
Right against Exploitation (Articles 23 and 24) bans trafficking and child labour.
Right to Freedom (Articles 19 to 22) covers freedoms and protection of life and liberty.
Right to Constitutional Remedies (Article 32) lets citizens approach the courts.
Remember: The Protection of Civil Rights Act, 1955 punishes untouchability.

Source: Constitution of India, Art. 17

Statement 1 is incorrect. The Supreme Court (2018) limited retention of authentication data to six months, not three.
Statement 2 is correct. The Court struck down the section allowing private contracts for Aadhaar data.
Statement 3 is incorrect. Aadhaar is not mandatory for insurance products.
Statement 4 is correct. Section 7 of the Aadhaar Act makes it needed for benefits from the Consolidated Fund.
Update (2026): Verify later amendments before quoting retention limits.

Source: Justice K.S. Puttaswamy (Retd.) v. Union of India (Aadhaar judgment), 2018; Aadhaar Act, 2016

The Supreme Court has held that the right to marry a person of one's choice is part of the right to life and personal liberty under Article 21.
This was stated in Shafin Jahan v. Asokan K.M. (Hadiya case, 2018) and earlier cases such as Lata Singh (2006).
Article 19 gives the six freedoms. Article 25 covers freedom of religion. Article 29 protects minority interests.
Remember: Article 21 now covers privacy, dignity and choice.

Source: Constitution of India, Art. 21; Shafin Jahan v. Asokan K.M. (2018)

Right to life and personal liberty is in Article 21.
The Puttaswamy judgment (2017) read privacy into Article 21 together with the freedoms guaranteed in Part III.
Article 14 and the 42nd Amendment do not deal with privacy.
Article 17 bans untouchability and Part IV is not enforceable.
Article 24 bans child labour, and the 44th Amendment removed property from Part III.
Remember: Privacy is a Fundamental Right since 2017.

Source: Previous year paper; answer key cross-checked against published sources

Article 326 gives the right to vote through universal adult franchise. It is in Part XV, so it is a constitutional right.
The right to be elected is a statutory right under the Representation of the People Act, 1951.
The Supreme Court has repeatedly said neither is a Fundamental Right. UPSC accepted constitutional right as the answer.
Natural rights are not created by law.
Remember: Right to vote is not in Part III.

Source: Constitution of India, Art. 326; Representation of the People Act 1951

Statement 1 is correct. Article 23 prohibits traffic in human beings and forced labour (begar).
Statement 2 is incorrect. Abolition of untouchability is Article 17, under the Right to Equality.
Statement 3 is incorrect. Protection of minorities is Article 29, under Cultural and Educational Rights.
Statement 4 is correct. Article 24 bars employing children below 14 years in factories, mines and other hazardous work.
Remember: The Right against Exploitation covers only Articles 23 and 24.

Source: Constitution of India, Arts. 23-24

Statement 1 is incorrect. Article 301 deals with freedom of trade, commerce and intercourse. Property is covered by Article 300A.
Statement 2 is correct. The 44th Amendment (1978) removed Article 31 and made property a legal right.
Statement 3 is incorrect. The 44th Amendment was passed in 1978 under the Janata Party Government, not the Congress.
Remember: Article 300A says no person shall be deprived of property except by authority of law.

Source: Constitution of India, Arts. 300A, 301; 44th Amendment Act, 1978

The Right to Equality covers Articles 14 to 18.
Article 14: equality before law. Article 15: no discrimination. Article 16: equal opportunity in public jobs.
Article 17: abolition of untouchability. Article 18: abolition of titles.
Articles 19 to 22 form the Right to Freedom.
Article 13 is about laws inconsistent with Fundamental Rights.
Remember: Right to Equality is Articles 14-18; Freedom is Articles 19-22.

Source: Constitution of India, Arts. 14-18

A matches 2. Article 16(2) bars discrimination in public employment.
B matches 4. Article 29(2) bars denial of admission to State-run or State-aided institutions on grounds of religion, race, caste or language.
C matches 3. Article 30(1) lets minorities set up and run educational institutions.
D matches 1. Article 31(1) protected property, but it was repealed by the 44th Amendment (1978).
So the correct code is 2-4-3-1.
Remember: Article 300A now protects property as a legal right.

Source: Constitution of India, Arts. 16, 29, 30; Art. 31 (repealed)

Article 22(1) gives the right to consult and be defended by a lawyer of one's choice, and the right to be told the grounds of arrest. So options 1 and 4 are correctly matched.
Article 22(4) bars preventive detention beyond three months, unless an Advisory Board reports sufficient cause. Option 2 states the basic rule, so it is accepted as matched.
Article 22(2) requires production before a magistrate within 24 hours of arrest. The power of Parliament to prescribe longer detention is in Article 22(7), not Article 22(2). So option 3 is wrongly matched.
Remember: Article 22(7) lets Parliament prescribe cases of detention beyond three months without Advisory Board review.

Source: Constitution of India, Art. 22

Assertion (A) is true. Neither Article 29 nor Article 30 defines 'minority'. The Supreme Court has explained it case by case.
Reason (R) is true. Articles 29 and 30 speak only of minorities based on religion or language.
But (R) does not explain (A). The Constitution not defining a term is not caused by its recognising two kinds of minority.
So both are true, but (R) is not the correct explanation.
Remember: In T.M.A. Pai (2002), the State is the unit for deciding minority status.

Source: Constitution of India, Arts. 29-30; T.M.A. Pai Foundation v. State of Karnataka (2002)

Assertion (A) is true. Article 14 allows reasonable classification, and Articles 15(4) and 16(4) allow special provisions for the disadvantaged.
Reason (R) is true. It states the rule of equal treatment among those who are alike.
(R) explains (A). Equal treatment of equals means unequals can be treated differently so that all start on equal footing.
So both are true and (R) is the correct explanation.
Remember: Article 14 forbids class legislation but permits reasonable classification.

Source: Constitution of India, Arts. 14-16

Article 23 prohibits traffic in human beings and forced labour. This pair is correct.
Article 29 protects the interests of minorities. This pair is correct.
Article 32 is the Right to Constitutional Remedies. This pair is correct.
The minorities' right to run educational institutions is in Article 30. Article 31 (compulsory acquisition of property) was repealed by the 44th Amendment. So this pair is wrong.
Remember: Article 29 protects culture and language; Article 30 protects institutions.

Source: Constitution of India, Arts. 23, 29, 30, 32

Statement 1 is correct. Fundamental Rights are enforceable against the State, with few exceptions such as Article 17 and Article 23.
Statement 2 is correct. They are in Part III, Articles 12 to 35.
Statement 3 is incorrect. Social, economic and political justice is promised by the Preamble and Directive Principles, not ensured by Fundamental Rights.
Statement 4 is vague. It cannot make options b, c or d correct, since each of them contains Statement 3.
Remember: Indian Fundamental Rights are subject to reasonable restrictions.

Source: Constitution of India: Part III; Preamble