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Fundamental Rights — UPSC Prelims Polity previous year questions

119 solved previous year questions on Fundamental Rights, papers from 2005 to 2023, drawn from UPSC CDS, UPPCS, State PCS. Each carries the printed answer key and the explanation from the source compilation.

1. #1UPPCS 2015
   Which part of the Indian Constitution has been described as the 'Soul' of the Constitution?
   • AFundamental Rights
   • BDirective Principles of State Policy
   • CThe Preamble
   • DRight to Constitutional Remedies
   Answer: (D) Right to Constitutional Remedies
   Explanation

   Option d is the correct 32 of the Constitution is considered very called "the soul of the constitution." It to protect our fundamental rights. The has the power to issue orders, known as writs, corpus, mandamus, certiorari, Prohibition, to enforce these rights. The Supreme as a guardian and protector of our fundamental rights

2. #2UPPCS 2013
   In Indian political system which one is supreme?
   • AThe Supreme Court
   • BThe Constitution
   • CThe Parliament
   • DReligion
   Answer: (B) The Constitution
   Explanation

   Option b is the correct Indian political system the Constitution of India because it enables the government to fulfill of a society and create conditions for a It provides a set of basic rules that allow for amongst members of society. It sets some what a government can impose on its citizens. Important Tips The constitution was made by the drafting committee headed by Dr. B. R. Ambedkar. The committee took 2 years, 11 months, and 17 days to write. It was ratified on 26th November 1949 and enacted on 26th January 1950

3. #3State PCS 2014
   Who was the Chairman of Advisory Committee on Fundamental Rights and Minorities constituted by the Constituent Assembly?
   • APandit Nehru
   • BSardar Patel
   • CB. N. Rao
   • DB. R. Ambedkar
   Answer: (B) Sardar Patel
   Explanation

   Option b is the correct Patel was the Chairman of the Advisory Fundamental Rights and Minorities constituted Constituent Assembly, which was set up to deal issues of fundamental rights, minorities and excluded areas in the new Constitution of India. Committee was appointed on 24 January 1947 64 members, including Sardar N. Rao was not the Chairman of any committee, but he Constitutional Advisor to the Constituent prepared a draft of the text of the Constitution based sources and suggestions

4. #4UPSC CDS 2016
   On 26th November, 1949, which of the following provisions of the Constitution of India came into effect? 1. Citizenship 2. Elections 3. Provisional Parliament 4. Fundamental RightsSelect the correct answer using the codes given below
   • A2, 3 and 4
   • B1, 2 and 3
   • C1 and 3
   • D1 and 2
   Answer: (B) 1, 2 and 3
   Explanation

   Option bis the correct answer. On 26th November 1949, 3 provisions i.e Elections, citizenship and provisional Parliament came into force and rest of the provisions only on 26th January 1950. Fundamental Rights of the citizen came into force on 26th january 1950

5. #5UPSC CSE Prelims 2005
   Consider the following statements - 1. Article 301 is related to Right to Property. 2. Right to Property is a legal right but not a Fundamental Right. 3. Article 300-A was inserted in Indian Constitution by 44th Amendment during the period of Congress Government.Which of aforesaid statements is/are correct?
   • AOnly 2
   • B2 and 3
   • C1 and 3
   • D1, 2 and 3
   Answer: (C) 1 and 3
   Explanation

   Option c is the correct is correct: According to the Wavell Plan, of Hindu and Muslim members in the was to be equal. The Wavell Plan was a by the British government to resolve the India. It was prepared by Lord Wavell, who became of India in 1943. The plan proposed the of the Executive Council, with seats members on the basis of religion and is incorrect: Wavell did not think that would have avoided the partition of was not concerned about the issue of partition of most important task was to present a formula solution of the Indian problem which was acceptable the Congress and the Muslim League

6. #6State PCS 2014
   Which of the following does not relate to the Fundamental Rights as enshrined in the Constitution of India? 1. Free and compulsory education for all children of the age of 6-14 yr. 2. Prohibition of trafficking in human beings and forced labour. ro.r 3. Improvement of Public health and prohibition of intoxicating drinks. 4. Promotion of the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and Scheduled Tribes.Select the correct answer using the codes given below. Codes
   • A1 and 2
   • B2 and 4
   • COnly 3
   • D3 and 4
   Answer: (D) 3 and 4
   Explanation

   Option d is the correct l is correct: Free and compulsory education for of the age of 6-14 years, relates to the to Education. This right is provided under of the Constitution of 2 is correct: The prohibition of trafficking beings and forced labor, relates to the against exploitation. This right is provided 23 of the Constitution of 3 is incorrect: Improvement of public prohibition of intoxicating drinks, does not to any specific Fundamental Right as enshrined Constitution of India. However, the Constitution for the promotion of public health as a of state policy under Article 4 is incorrect: Promotion of the educational interests of the weaker sections of the the Scheduled Castes and Scheduled is Article 46 of DPSP

7. #7UPSC CAPF 2014
   Which of the following are related to Right to Equality under the provisions of Articles 14-18 of the Constitution of India? 1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. 2. Equality of opportunity in matters of public employment. 3. Educational and cultural rights to minorities. 4. Abolition of untouchability.Select the correct answer using the codes given below. Codes
   • A1, 2 and 3
   • B3 and 4
   • C1, 2 and 4
   • D1 and 2
   Answer: (C) 1, 2 and 4
   Explanation

   Option c is the correct l is correct: The right to equality, as Articles 14-18 of the Constitution of India, on the basis of religion, race, caste, sex, of birth (Article 15). It ensures that every citizen is treated equally before the Statement 2 is correct: The right to equality includes of equality of opportunity in matters of (Article 16). It ensures that all an equal opportunity to be considered for based on their qualifications and 3 is incorrect: The right to equality, under of Articles 14- l 8, does not specifically and cultural rights to minorities. They of the Cultural and Educational Rights under of the 4 is correct: The right to equality includes of untouchability. Untouchability, which was associated with the caste system in India, under Article 17 of the Constitution. It every individual is treated with dignity and without of untouchability

8. #8UPSC CDS 2021
   Equality before the law or equal protection of the laws within the territory of India is guaranteed under which one of the following Articles of the Constitution of India?
   • AArticle 14
   • BArticle 15
   • CArticle 1
   • DArticle 22
   Answer: (A) Article 14
   Explanation

   Option a is the correct guarantee of equality before the law or equal the laws within the territory of India is provided 14 of the Constitution of India. Article 14 of Constitution states that "The State shall not deny person equality before the law or the equal the laws within the territory of India." This a fundamental right and ensures that all of their caste, religion, gender, race, or are treated equally and without discrimination law f oru

9. #9UPSC CDS 2021
   Which among the following fundamental rights is/are available to non-citizens? 1. Freedom of speech 2. Protection against self-incrimination 3. Freedom of conscience 4. Non-discrimination in matters of employmentSelect the correct answer using the codes given below: i E J
   • A1, 2 and 3 only
   • B1, 3 and 4 only
   • C2 and 3 only
   • D2 only
   Answer: (C) 2 and 3 only
   Explanation

   Option c is the correct l is incorrect: Freedom of speech, as the Constitution of India, is available only to citizens under Article 2 is correct: Protection against self incrimination is available to both citizens and Article 3 is correct: Freedom of conscience is both citizens and non-citizens under Article conscience protects an individual's right to or propagate any religion or 4 is incorrect: Non-discrimination in employment is specifically guaranteed only to citizens under Article 16 Important Tips: Fundamental Rights.Available Only to Citizens of fadia Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of Article 16 - Equality of opportunity in matters of public Article 19 - Protection of six rights related freedom - (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move fr

10. #10UPSC CDS 2021
    Which one of the following is not a correct statement with reference to the Constitution of India?
    • AThe Constitution (Eighty-Fifth) Amendment Act has inserted the 'Right to Education under Article 21-A
    • BArticle 22 talks about preventive detention
    • CRight to constitutional remedies is in Part - of the constitution
    • DWrit jurisdiction of High courts is wider than the Supreme Court of India
    Answer: (A) The Constitution (Eighty-Fifth) Amendment Act has inserted the 'Right to Education under Article 21-A
    Explanation

    Option a is the correct Constitution of India was amended by the Eighty sixth Amendment Act of 2002 (and not the Act) to include Article which every state must ensure free and compulsory children aged six to fourteen. This amendment as a Fundamental Right protected under Part of the Constitution

11. #11UPSC CDS 2020
    Which of the following Articles in the Constitution of India are exceptions to the Fundamental Right enumerated in Article 14 and Artide-19?
    • AArticle and Article
    • BArticle 31 B and Article 31 D
    • CArticle 1 and Article
    • DArticle 16 and Article
    Answer: (A) Article and Article
    Explanation

    Option a is the correct 31 A and 3 IC are exceptions to the enumerated in Article 14 and Article 19, as they certain restrictions on equality and property rights contexts for the purpose of agrarian reforms welfare. Important Tips: Article It saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19. It includes: estates and related rights by the State; Taking over the management of properties by the State; Amalgamation vf corporations; or modification of rights of directors or shareholders of corporations Extinguishmcnt or of mining leases. It also provides the guaranteed right to compensation in case of acquisition or requisition of the private property by the state. Article 31 It contained two provisions: It says that no law that seeks to implement socialistic directive principles

12. #12State PCS 2020
    What is the ground on which the Supreme Court can refuse relief under Artide-32?
    • AThe aggrieved person can get remedy from another court
    • BThat disputed facts have to be investigat
    • CThat no Fundamental Right has been infringed
    • DThat the petitioner has not asked for the proper writ applicable to his/her case
    Answer: (C) That no Fundamental Right has been infringed
    Explanation

    Option c is the correct Article-32 of the Constitution of India, the right to move the Supreme Court for the their Fundamental Rights. However, there are on which the Supreme Court can refuse relief One such ground is when it is determined that Right has been infringed in the case

13. #13UPSC CDS 2017
    Which of the following statements regarding Artide-21 of the Constitution of India is/are correct? 1. Article 21 is violated when the under trial prisoners are detained under judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the State has the authority to violate that right, 3. Under Article-21, the right of a woman to make reproductive choices is not a dimension of personal libertySelect the correct answer using the codes given below
    • A1, 2 and 3
    • B1 and 2
    • C1 and 3
    • DOnly 2
    Answer: (B) 1 and 2
    Explanation

    Option b is the correct article 21 of the Indian constitution, choice falls under the right to right to personal liberty also includes choice the same was held in the case of and ors V.chadi. (option 3 is not 21 of the constitution deals with the protection of personal person shall be deprived of his life or personal to the procedure established by law. (option

14. #14UPSC CDS 2017
    The Fundamental Rights guaranteed in the Constitution of India can be suspended only by
    • Aa proclamation of National Emergency
    • Ban Act passed by the Parliament
    • Can amendment to the Constitution of India
    • Dthe judicial decisions of the Supreme Court
    Answer: (A) a proclamation of National Emergency
    Explanation

    Option a is the correct answer. Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended. Important Tips: Fundamental Rights are justifiable, allowing persons to move the courts for their enforcement, if and when they are violated. They are defended and guaranteed by the Supreme Court. Hence, the aggrieved person can directly go to the Supreme Court, not necessarily by way of appeal against the judgment of the high courts. They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act Moreover, this can be done without affecting the 'basic structure' of the Constitution. They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and

15. #15UPSC CDS 2017
    Artide 21 of the Constitution of India indudes 1. Rights of transgenders 2. Rights of craniopagus twin 3. Rights of mentally retarded women to bear a childSelect the correct answer using the codes given
    • AOnly 1
    • B1 and 2
    • C2 and 3
    • D1, 2 and 3
    Answer: (D) 1, 2 and 3
    Explanation

    Option dis the correct answer. The article 21 includes all the three mentioned above: Rights of transgender Rights of craniopagus twins Rights of mentally retarded women to bear a child Article 21 states that "Protection of life and personal liberty No person shall be deprived of his iife or personal liberty except according to procedure established by law" Right to life: Everyone has the right to life, liberty and security of a person according to Procedure established by Foru Right to personal liberty

16. #16UPSC CDS 2017
    Whkh one of the following statements relating to protection against arrest and detention of individuals under artide 22 is not correct?
    • ANo person who is arrested shall be detained in custody without being informed of the grounds for such arrest
    • BNo person shall be denied the right to consult, and be defended by, a legal practitioner of his/her choice
    • CEvery person, who is arrested and detained in custody, shall be produced before the nearest Magistrate within a period of one week of such arrest
    • DThe right to protection against arrest is not available to a person in jall pursuant to a judicial order
    Answer: (C) Every person, who is arrested and detained in custody, shall be produced before the nearest Magistrate within a period of one week of such arrest
    Explanation

    Option c is the correct person, who is arrested and detained in custody produced before the nearest Magistrate within a period hours of such arrest excluding the time the journey from the place of arrest to the court of and no such person shall be detained in the said period without the authority of a Magistrate. Important Tips: Protection against arrest and detention in certain cases: Article 22 Article 22 comes into play after arrest or detention, not before that. Detention is of two types, namely, punitive and preventive. Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court. Preventive detention means detention of a person without trial and conviction by a court, Its purpose is not to punish a person for a past offense but to prevent him from committing an offence in the near future

17. #17UPSC CDS 2015
    Whkh of the following Fundamental is/are available to non-citizens? 1. Equality Before Law 2. Right Against Discrimination 3. Equality of Opportunity 4. Protection of Life and Personal LibertySelect the correct answer using the codes given below
    • AOnly 1
    • B1 and 4
    • C1, 2 and 4
    • D2 and 3
    Answer: (B) 1 and 4
    Explanation

    Option b is the correct Fundamental Rights guaranteed by Articles 22, 23, 24, 25, 26, 27 and 28 are available to all citizens or foreigners. Important Tips Fundamental Rights available to only citizens and not foreigners Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16). Six basic freedoms subject to reasonable restrictions (Article 19). Protection of language, script and culture of minorities (Article 29). Right of minorities to establish and administer educational institutions (Article 30), Fundamental Rights available to both citizens and foreigners except enemy alliens: Equality before law and equal protection of laws (Article 14). Protection in respect of conviction for offences (Article 20). Protection of life and personal liberty (Article 21). Right to elementa

18. #18UPSC CDS 2015
    Whkh of the following is not true of Artide-32 of the Indian Constitution?
    • AIt gives the Supreme Court and the High Courts the power to issue writs for the enforcement of Fundamental Rights
    • BIt is included in Part of the Indian Constitution and is therefore itself a Fundamental Right
    • CDr Ambedkar called it the 'very soul of the Indian Constitution
    • DAn aggrieved person has no right to complain under Article-32 where a Fundamental Right has not been violated
    Answer: (A) It gives the Supreme Court and the High Courts the power to issue writs for the enforcement of Fundamental Rights
    Explanation

    Option a is the correct answer. It gives the Supreme Court and (not the High courts) the power to issue writs for the enforcement of Fundamental Rights. (option a is not correct) Article-32 confers the right to remedies for the enforcement of the Fundamental Rights of an aggrieved citizen. Dr BR Ambedkar called Article-32 as the most important Article of the Constitution: "It is the very Soul of the Constitution and the very heart of it" Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental Constitutional rights, statutory rights and so Article-226 vests original powers in the High Court to issue directions, orders and writs of all kinds for the enforcement of the Fundamental Rights

19. #19UPPCS 2012
    Consider the following statements: 1. India is a democratic polity. 2. India is a sovereign state. 3. India has a democratic society. 4. India is a welfare state.Which of the above statements are true?
    • A1 and 2 only
    • B1, 2 and 3 only
    • C2, 3 and 4 only
    • D1, 2, 3 and 4
    Answer: (D) 1, 2, 3 and 4
    Explanation

    Option d is the correct is a democratic polity as government is elected by the are held periodically. It provides opportunity to remove any despotic government. India is a sovereign it is free to conduct its own affairs (both internal and has a democratic society as all people are treated equal equal opportunities Under Article 14, 15 or 16. India is nation. It does not differentiate person based on caste, or gender. It takes care well marginalized, minorities, children, etc. It all makes Indian society democratic. Principles of State Policy, enshrined in Part IV of Constitution reflects that India is a welfare state

20. #20UPSC CSE Prelims 2022
    With reference to the writs issued by the Courts in India, consider the following statements:L Mandamus will not lie against a private organisation unless it is entrusted with a public duty. 2. Mandamus will not lie against a Company even though it may be a Government Company. 3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.Which of the statements given above are correct?
    • A1 and 2 only
    • B2 and 3 only
    • C1 and 3 only
    • D1, 2 and 3
    Answer: (D) 1, 2 and 3
    Explanation

    Option d is the correct 1 is correct: Mandamus is a command the court to a public official asking him to perform duties that he has failed or refused to perform. It be issued against any public body, a corporation, court, a tribunal, or a government for the It is usually not usable against a private 2 is correct: Mandamus cannot be used government company which is incorporated Companies Act as there is neither a statutory nor duty imposed on it by a statute in respect of could be sought by means of a 3 is correct: Quo Warranto is issued by to enquire into the legality of the claim of a a public office. Hence, it prevents illegal usurpation office by a person. Unlike the other writs, this can by any interested person and not necessarily by person

21. #21UPSC CDS 2023
    Which of the following conditions is/are necessary for the issue of a writ of certiorari in India? 1. There should be a tribunal or an officer having legal authority to determine questions affecting rights of subjects and having a duty to act judicially. 2. Such tribunal or officer has acted without jurisdiction.Select the correct answer using the code given below
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct 1 is correct: The condition mentioned in implies that the writ of certiorari can only be issued tribunal or an officer who has the legal authority to that impact the rights of individuals and is act judicially. In other words, the tribunal or officer the power to make decisions that affect the rights and they must have a duty to act in a judicial 2 is correct: This condition implies that the certiorari can only be issued if the tribunal or officer beyond their legal authority or jurisdiction. If acted without the requisite jurisdiction, the writ can to quash their decision or the issue of a writ of certiorari in India, both in options 1 and 2 are necessary. Important Tip Concept of Certiorari It literally means 'to be certified' or 'to be informed: It is issued by a higher court to a lower court or tribunal to either transfer a case pending with the latter or to o

22. #22UPSC CDS 2020
    What is the ground on which the Supreme Court can refuse relief under Article-32?
    • AThe aggrieved person can get remedy from another court
    • BThat disputed facts have to be investigated
    • CThat no Fundamental Right has been infringed
    • DThat the petitioner has not asked for the proper writ applicable to his/her case
    Answer: (C) That no Fundamental Right has been infringed
    Explanation

    Option c is the correct Article-32 of the Constitution of India, the right to move the Supreme Court for the their Fundamental Rights. However, there are on which the Supreme Court can refuse relief One such ground is when it is determined that Right has been infringed in the case

23. #23UPSC CDS 2020
    Which one of the following is not the necessary condition for the issue to a Writs of Quo Warnmto?
    • AThe Office must be a Public Office
    • BThe Office must be created by the Statute or by the Constitution itself
    • CThe Office must not be a substantive one
    • DThere has been a contravention of the Constitution or a Statute in appropriating such person to that Office
    Answer: (C) The Office must not be a substantive one
    Explanation

    Option c is the correct writ of Quo Warranto is a legal action that person's right to hold a public office. It seeks to inquire fa F into the authority by which the person claims to hold and whether they have the legal right to do so. option (c) is not a necessary condition for writ of quo warranto is that the eligibility or holding a substantive office is equally important that the person holding the office has the and meets the requirements laid out by the constitution. Important Tip

24. #24UPSC CSE Prelims 2023
    Consider the following statements: 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances. 2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention. 3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.How many of the above statements are correct?
    • AOnly one
    • BOnly two 5
    • CAll three
    • DNone
    Answer: (B) Only two 5
    Explanation

    Option b is the correct l is correct. Article 355 of the Indian states that "It shall be the duty of the protect every State against external aggression disturbance and to ensure that the government State is carried on in accordance with the provisions 2 is correct. According to Article 22 of India (Protection against arrest and detention in

25. #25UPPCS 2010
    Which one of the following statements about the President of India is not correct?
    • AHe is a constituent part of Parliament
    • BHe participates in the discussions in the both Houses
    • CHe addresses the joint meeting of both the Houses every year
    • DHe can promulgate ordinances in certain situations
    Answer: (D) He can promulgate ordinances in certain situations
    Explanation

    Option d is the correct power of the High Court to issue writs is a that is given to the High Court to protect rights of the citizens and to ensure government is functioning properly. The High issue writs to protect both constitutional rights rights. Constitutional rights are rights that by the Constitution of India. Statutory rights that are granted by a statute or law. The High Court B J also issue writs to protect the interests of the public This is known as the public interest litigation of the High Court. The PIL jurisdiction High Court to intervene in matters that are of even if there is no individual who has affected by the matter. Important Tips The writs that can be issued by the High Court are

26. #26UPSC CAPF 2021
    Which one of the following statements about 'personal liberty' is not correct?
    • AState does not have the authority to deprive any person within the Territory of India of his/her personal liberty without any rational basis
    • BBasis of depriving a person of his/her personal liberty must be in accordance with procedures established by law
    • CPersonal liberty can be secured by the judicial writ of Habeas Corpus
    • DThe majority view of the Supreme Court in A.K. Gopalan v/s. State of Madras case invented 'due process of law'
    Answer: (D) The majority view of the Supreme Court in A.K. Gopalan v/s. State of Madras case invented 'due process of law'
    Explanation

    Option dis the correct process of law" was already a part of the Indian inherited from the British common law majority view in the A.K. Gopalan case held right to "due process of law" was not a under the Constitution of India, allowing the state a person of their personal liberty without legal procedures, as long as the deprivation arbitrary or mala fide. However, the minority view same case argued that "due process of law" was fundamental right, necessitating adherence to procedures even if the deprivation was not arbitrary fide. Subsequently, the Supreme Court overruled in the A.K. Gopalan case in the Maneka holding that the right to "due process of law" a fundamental right. Consequently, the state deprive a person of their personal liberty if it adheres procedures established by law

27. #27Practice set
    The "Instrument oflnstructions" contained in the Government of India Act 1935 have been incorporated in the Constitution of India in the year 1950 as
    • AFundamental Rights
    • BDirective Principles of State Policy
    • CExtent of executive power of State
    • DConduct of business of the Government of India
    Answer: (B) Directive Principles of State Policy
    Explanation

    Option b is the correct Principles of State Policy in the Indian the Instrument of Instructions included in of India Act 1935

28. #28Practice set
    Consider the following pairs regarding the various committees of the Constituent Assembly and their Chairpersons:Committee 1. Union Powers Jawaharlal Nehru Committee 2. Provincial Dr. B.R. Ambedkar Constitution Committee 3. Union Dr. Rajendra Prasad Constitution Committee 4. Minorities J.B. Kriplani sub-committeeHow many pairs given above are correctly matched?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (A) Only one
    Explanation

    Option a is the correct Constituent Assembly established 22 the drafting committee, to prepare the of these, eight were major committees and the minor Committees and their chairman: Union Powers Committee - Jawaharlal Nehru (Pair l is correct) Union Constitution Committee -Jawaharlal Nehru (Pair 3 is incorrect) Provincial Constitution Committee -Sardar Patel (Pair 2 is incorrect) Drafting Committee - Dr. B.R. Ambedkar Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas - Sardar Patel. This committee had the following five sub-committees: Fundamental Rights Sub-Committee - J.B. Kripalani Minorities Sub-Committee - H.C. Mukherjee (Pair 4 is incorrect) North-East Frontier Tribal Areas and Assam Excluded Partially Excluded Areas Sub-Committee -Gopinath Bardoloi Excluded and Partially Excluclecl Areas ( other than those in Assam) Sub-Committee - A.V. Thakkar. No

29. #29Practice set
    With reference to the role of constitution/ government in promoting equality among Indian citizens, which of the following statements is incorrect?
    • AThe constitution allows for differentiating between people to ensure equity
    • BThe constitution has given more preference to Equality in comparison to liberty
    • CThe government can violate Article 14 of the Constitution for implementing some of the Directive Principles of State Policy
    • DSpecial assistance in the form of affirmative action helps in promoting equality
    Answer: (B) The constitution has given more preference to Equality in comparison to liberty
    Explanation

    Option b is the correct a is correct. While Article 14 forbids it permits reasonable classification of and transactions by the law. But the not be arbitrary, artificial or evasive. Rather, be based on an intelligible differential and Hence, it allows of differentiating to ensure b is incorrect. The constitution doesn't make between Equality and Liberty. It has given to both the values and are under Part of c is correct. Article 31-C is an exception 14. It provides that the laws made by the state the Directive Principles contained in or clause (c) of Article 39 cannot be challenged on that they are violative of Article 14. The held that "where Article 31-C comes in, Article d is correct. Affirmative action is based on that it is not sufficient to establish formal equality When we wish to eliminate inequalities that are it is necessary to take some more positive minimise and eliminate entr

30. #30Practice set
    With reference to the and consider following 1. A written, or unwritten constitution needs to exist for a country to be called a nation. 2. A constitution specifies who has the power to make decisions in a society. 3. A constitution provides a set of basic rules that allow for minimal coordination amongst members of a society. 4. A constitution provides an identity to its citizens.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (C) Only three
    Explanation

    Option c is the correct constitution is the basic principles and laws of a or social group that determine the powers and the government and guarantee certain rights to the 1 is incorrect: A nation is a group of people a strong sense of unity and common is not necessary for an entity to be called 2 is correct: A function of a constitution is who has the power to make decisions in a decides how the government will be constituted. It gets to decide what the laws will 3 is correct: Another function of a to provide a set of basic rules that allow for amongst members of a society. Any need some basic rules that are publicly promulgated to all members of that group to achieve a of 4 is correct: A constitution expresses identity of a people. One has many sets that exist prior to a constitution. By a constitution gives a person political and It defines the fundamental values that we may So, the c

31. #31Practice set
    Consider the following statements:l. The Preamble of India has been amended just twice so far. 2. The Preamble as a preface to the Indian Constitution was written by N.A. Palkhivala. of the statements given above is/are
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct the Indian constitution, Fundamental Rights in the Part 3 of Articles from 12 to 35 principles are mentioned in part 4 of article 1 is incorrect: Directive Principles of aim to create social and economic Fundamental rights aim at establishing in the country by preventing the an authoritarian and despotic rule in the country the liberties and freedoms of the people invasion by the Stale Statement 2 is correct: Fundamental Rights are nature. But the directive principles are nature, that is, they are not enforceable by the courts 3 is incorrect: Fundamental rights do any legislation for their implementation. the FRs are automatically enforced. Whereas, require legislation for their implementation. not automatically enforced

32. #32Practice set
    In the h,dhm which of the following statement would you accept as the m.ost appropdate definition of 'Reasonable
    • ARestrictions on legislative powers
    • BLimitations imposed upon a person's rights
    • CRestrictions on state powers
    • DRestrictions by judiciary on the executive
    Answer: (B) Limitations imposed upon a person's rights
    Explanation

    Option b is the correct phrase 'reasonable restriction connotes that imposed upon a person in enjoyment of the not be arbitrary or of an excessive nature, is required in the interest of the public. The be there but they need to be reasonable in nature. mentioned under Article considered to restrictions over Article 19. Important Tips The freedoms enumerated in ( 1) am those great and basic rights, which are recognized as the natural rights inherent in the status of a citizen. But none of these freedoms is absolute or uncontrolled, for ench is liable to be curtailed by laws made or to be made by the state to the extent mentioned in clauses (2) to (6) of Art 19. Clauses (2) to (6) recognize the right of the State to make laws putting reasonable restrictions in the interests of the general public, security of the State, public order, decency, or morality and for other reasons set out in tho

33. #33Practice set
    With reference to the Fundamental Rights enshrined in the Constitution of India, which of the following statements is/are incorrect? 1. They act as limitations on powers of the executive and the legislature. 2. The state cannot impose restrictions on them. 3. Few of the rights are available to citizens, foreigners or legal persons like corporations or companies. ILSelect the correct answer using the code given below
    • A3 only
    • B2 only
    • C2 and 3 only
    • D1 and 3 only
    Answer: (B) 2 only
    Explanation

    Option b is the correct 1 is correct. Fundamental Rights act as the tyranny of the executive and arbitrary laws of In short, they aim at establishing 'a laws and not of men. They prevent the an authoritarian and despotic rule in the country, the liberties and freedoms of the people invasion by the State Statement 2 is incorrect. They are not absolute but state can impose reasonable restrictions on whether such restrictions arc reasonable or to be decided by the courts. Thus, they strike a the rights of the individual and those of the a whole, between individual liberty and social 3 is correct. Some of them are available only citizens while others are available to all persons foreigners or legal persons like corporations e.g., equality before law and equal protection (Article 14)

34. #34Practice set
    Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination? Practice
    • ARight against Exploitation
    • BRight to freedom
    • CRight to constitutional remedies
    • DRight to equality
    Answer: (D) Right to equality
    Explanation

    Option dis the correct to equality (Articles 14- 18) includes the following: Equality before law and equal protection of laws (Article 14). Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16). Abolition of untouchability and prohibition of its practice (Article 17). Abolition of titles except military and academic (Article 18)

35. #35Practice set
    If a state adopts a policy where it reserves certain government jobs for candidates born in the state, then it may lead to violation of which of the following fundamental right?
    • AArticle 14
    • BArticle 15
    • CArticle 16
    • DArticle 19
    Answer: (C) Article 16
    Explanation

    Option c is the correct 16 states that "no citizen shall, on grounds only race, caste, sex, descent, place of birth, any of them, be ineligible for, or discriminated respect or, any employment or office under the provision is supplemented by the other clauses in that guarantee Article of the Constitution provides by saying that Parliament may make a law rribing" a requirement of residence for jobs in state. This power vests solely in the state 2002, the Supreme Court invalidated appointment teachers in Rajasthan in which the state gave tu "ayylicants belonging to the the rural areas of the district 2019, the Allahabad High Court struck down notification by the UP-Subordinate Commission which prescribed preference who are "original residents" of the UP alone

36. #36Practice set
    Consider the following statements: 1. The Right to equal opportunity in employment is not available in the case of private employment. 2. The Right to assemble peacefully is protected against private individual action also.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct l is correct. Article 16 - Right to is available only in case of public not private employment. Article 16 provides for opportunity for all citizens in matters of employment to any office under the State. However, Court has said that the right tu valion is not 2 is correct. The Right to assemble provided under Article 19. As per the recent Judgement, Article 19 can now be enforced persons other than State or its instrumentalities. to assemble peacefully is protected against as Solution: Option b is the correct 1 is incorrect. The term 'untouchability' been defined either in the Constitution or in (Offences) Act, 2 is correct. In 1976, the Act, 1955 was comprehensively amended as the Protection of Civil Rights Act, 1955 the scope 8nd make penal provisions more 3 is correct. The Supreme Court has held right under Article 17 is available against and it is the constit

37. #37Practice set
    Consider the following statements: 1. The Constitution of India allows prescribing residence as a requirement for jobs in a particular state. 2. Article 16 of the Constitution of India provides for equality of opportunity for all citizens in public employment only.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct 1 is correct. The Constitution of India residence as a requirement for jobs in state. Article 16 (3) of the Constitution of an exception by saying that Parliament may law "prescribing" a requirement of residence for jobs a particular state. However, this power vests solely in and not state 2 is correct. Article 16 of the Constitution provides for equality of opportunity for all citizens employment only. Article 16 (1) states that there equality of opportunity for all citizens in matters employment or appointment to any office under the Article 16 (2) says that, no citizen shall, on of religion, race, caste, sex, descent, place of or any of them, be ineligible for, or in respect or, any employment or office under

38. #38Practice set
    Which of the following statement is incorrect with reference to the Right to form association under Article of the Constitution of India?
    • AIt covers the negative right of not to form or join an association
    • BReasonable restrictions can be imposed on the grounds of public order and morality. Practkebo
    • CIt also includes the right to obtain recognition of the association
    • DIt is applicable to Indian citizens only
    Answer: (C) It also includes the right to obtain recognition of the association
    Explanation

    Option c is the correct a is correct. The Right to form association of the Constitution of India not only right to start an association or union but also to the association or union as such. Further, it covers right of not to form or join an association or b is correct. Reasonable restrictions can on the exercise of this right by the State on of sovereignty and integrity of India, public c is incorrect. The right to obtain recognition association is not a fundamental right. So, it is not right to form association which is a Fundamental d is correct. Article (c) states that have the right to form associations or unions societies. It is applicable to Indian citizens not to foreigners

39. #39Practice set
    Which of the following Fundarnental Rights is protected Article 19 of the Constitution of India?
    • ARight to travel abroad
    • BRight to conduct trade and commerce across any part of India
    • CRight to practise any profession
    • DRight to resist and refuse forced labour
    Answer: (C) Right to practise any profession
    Explanation

    Option c is the correct a is incorrect. The freedom to travel abroad adjudged by the Supreme Court to be a part of Right and Liberty under Article 21 (and not article 19) in Gandhi v/s Union of India case, right to move freely within the Indian territory under Article b is incorrect. The freedom to freely conduct commerce throughout the territory of India has under Article 301 and not Article 19. Article that no state can frame laws/ rules that and commerce of a trader from 1 part of India to traders of that c is correct. Article protects the right any profession, or to carry on any occupation, the same time, the State can make any law relating to

40. #40Practice set
    'Access to the Internet' an individual is a fundamental right under
    • AArticle 14
    • BArticle 16
    • CArticle 19
    • DArticle 23
    Answer: (C) Article 19
    Explanation

    Option c is the correct a significant ruling in January, 2020, the Supreme said that access to the Internet is a fundamental Article 19 of the Constitution. The bench said to Internet is a fundamental right under Article the Constitution, subject to some restrictions. It magistrates, while passing prohibitory orders, their mind and follow doctrine of proportionality. clarified that Section 144 (prohibitory be used indefinitely to suppress freedom of expression and difference of opinion

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