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Fundamental Rights — UPSC Prelims Polity previous year questions — page 2

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. #41Practice set
   With Right to Protest, the I. Ii is a constitutional right enshrined in Article 19. 2. It can be restricted only on the grounds violation of public order and security of state. 37. 3. It cannot be a ground for occupying public ways and public spaces for indefinite time.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option b is the correct l is correct. Right to Protest is a enshrined in Article (a), Article (b) (c) of the Indian Constitution. Supreme its recent order in the farm laws protest in Delhi that farmers have a constitutional right to their 2 is incorrect. Like other fundamental to protest is also not absolute and also subject restrictions mentioned under Article on the following grounds

2. #42Practice set
   Which Article of the Constitution of India safeguards the right to timely medical treahnent in government hospital?
   • AArticle 19
   • BArticle 21
   • CArticle 14
   • DArticle 15
   Answer: (B) Article 21
   Explanation

   Option b is the correct Supreme Court has held that failure on the part hospitals to provide timely medical a person in need of treatment results in violation right guaranteed under Article 21 (right It is the obligation of the state to ensure the creation conditions for good health

3. #43Practice set
   Which of the following fundamental rights of an individual is not protected under Article 21 of the Constitution of India?
   • ARight to privacy
   • BRight to health
   • CRight to freedom of conscience
   • DRight to speedy trial
   Answer: (C) Right to freedom of conscience
   Explanation

   Option c is the correct answer. The fundamental right to freedom of conscience is Article 25 of the Constitution. Freedom of inner freedom of an individual to mould his relation or Creatures in whatever way he desires. Article 25 an individual's right to freely profess, practice Supreme Court in its various judgements has to privacy, right to health and right to speedy trial of Article

4. #44Practice set
   Consider the following statements about the right to internet access in India: 1. The freedom of speech and expression using the internet is a fundamental right. 2. Maharashtra had become the first state to declare the access to Internet "a basic human right".Which of the above statement is/are correct?
   • A1 Only
   • B2 Only
   • CBoth 1 and 2
   • DNeither 1 nor 2
   Answer: (A) 1 Only
   Explanation

   Option a is the correct l is correct. The supreme court has held that of speech and expression and the freedom to profession or carry on any trade, business or the medium of internet enjoys constitutional article 19 2 is incorrect. Kerala had become the first 2017 to declare access to Internet "a basic human right"

5. #45Practice set
   Under the Constitution of India, the Right to property is considered as
   • ANatural Right
   • BFundamental right
   • CConstitutional Right
   • DMoral right
   Answer: (C) Constitutional Right
   Explanation

   Option c is the correct the Indian Independence, when the Constitution came into force on 26th January, 1950, the right was included as a 'fundamental right' under and Article 31 in Part making it an passed the Constitution 44th made right to property an ordinary legal right right under Article 300-A

6. #46Practice set
   With reference to the right to freedom consider the following statements: 1. No person shall be compelled to pay any tax or fee for promotion of religion. 2. Religious denominations have the right to acquire property as a fundamental right. 3. Right to profess a religion is available to citizens only.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone the following statements the to of Religion in India
   Answer: (A) Only one
   Explanation

   Option a is the correct l is incorrect: Article 27 lays that no person compelled to pay any taxes for promotion or Pradicebook of any particular religion or religious denomination. But not prohibit levying of a fee as the purpose of a fee the secular administration of a religious 2 is correct: Article 26 states that every has the right to own and acquire movable 3 is incorrect: Article 25 gives all persons of conscience and the right to freely profess, propagate religion. All persons include foreigners

7. #47Practice set
   With reference to Article 32 of the Indian Constitution, consider the following: 1. Only the Fundamental Rights guaranteed by the Constitution can be enforced under this Article. 2. Parliament can empower any court to issue writs of all kinds. 3. The Supreme Court has original and exclusive jurisdiction with regards to the enforcement of fundamental rights.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option b is the correct l is correct. Only the Fundamental by the Constitution can be enforced under Article 32 and not any other right like rights, statutory rights, and and so on. In other words, the Supreme Court, 32, cannot determine a question that does Fundamental Rights. Article 32 cannot be to determine the constitutionality of an or a legislation unless it directly infringes any of 2 is correct. Parliament can empower any to issue directions, orders and writs of all this can be done without prejudice to the conferred on the Supreme Court. Any other does not include high courts because Article 226 conferred these powers on the high 3 is incorrect. In case of the enforcement Rights, the jurisdiction of the Supreme original but not exclusive. It is concurrent with of the high court under Article 226. It powers in the high court to issue directions, writs of all kinds for the enforc

8. #48Practice set
   Which of the following statements are correct with respect to the writ of habeas corpus? 1. It is used to secure a person who has been detained illegally. 2. It can be issued against both public authorities and private individuals. 3. It is nol issued where the detention is outside the jurisdiction of the court. 4. It can be sought by any interested party and not necessarily by aggrieved person.Select the correct option using the code given below
   • A1, 2 and 3 only
   • B1 and 3 only
   • C2, 3 and 4 only
   • D1, 2, 3 and 4
   Answer: (A) 1, 2 and 3 only
   Explanation

   Option a is the correct 1 is correct. Habeas Corpus is a Latin term means 'to have the body of'. It is an order issued court to a person who has detained another produce the body of the latter before it. The court the cause and legality of detention. It would set person free, if the detention is found to be 2 is correct. The writ of habeas corpus can against both public authorities as well as 3 is correct. The writ is not issued where the: detention is lawful the proceeding is for contempt of a legislature or a court detention is by a competent court detention is outside the jurisdiction of the 4 is incorrect. Supreme Court and High issue the writs of habeas corpus, mandamus, and quo-warranto. Only in the case of Quo warranto, it can be sought by any interested party and by the aggrieved person. In case of it can be sought by aggrieved person or his his friends and not by any interested

9. #49Practice set
   With regard to the Writ Jurisdiction of Supreme Court, consider the following statements: 1. The Supreme Court can issue writs only for the enforcement of the Fundamental Rights. 2. The concept of writs has been borrowed from the Constitution of the United States.Which of the statements given above is/are correct?
   • A1 only
   • B2 only
   • CBoth 1 and 2
   • DNeither 1 nor 2
   Answer: (A) 1 only
   Explanation

   Option a is the correct supreme court, and High courts have power to in the nature of habeas corpus, quo warranto mandamus certiorari prohibition etc., under Arts. 32 respectively El Statement l is correct. The Supreme Court can only for the enforcement of the Fundamental not for other purposes. The high court, on the can issue writs not only for the enforcement of rights but also for other 2 is incorrect. The concept of writs has from English Law, where these laws were 'Prerogative writs

10. #50Practice set
    Consider the following statements: 1. Only State legislature can make laws to give effect to the Fundamental Rights. 2. In case of violation of rights outside Part of the Constitution, a person can move to the High Court. 3. Article 24 prohibits the employment of children below the age of 14 years in any type of work.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is incorrect. Article 35 lays down that to make laws, to give effect to certain rights shall vest only in the Parliament in the state legislatures. This provision ensures is uniformity throughout India with regard to of those fundamental rights and punishment for 2 is correct. A person can move the High an ordinary suit or under Article 226 (writ high court) in case of violation of rights Outside Part of the 3 is incorrect. Article 24 prohibits of children below the age of 14 years in mine or other hazardous activities like or railway. But it does not prohibit their any harmless or innocent work

11. #51Practice set
    Consider the following statements regarding the legislative powers of the and state legislatures with reference to the Fundamental Rights: 1. A state legislature cannot make laws for prescribing punishment for those acts that are declared to be offences under Article 17. 2. Article 35 restricts the Parliament from making a law on matters within the State List.Which of the statements given above is/ are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct l is correct. Article 35 of the Constitution the legislature of a state shall not have powers to for prescribing punishment for those acts that to be offences under the fundamental rights. untouchability (Article 17) and traffic in and forced labour (Article 23). This provision that there is uniformity throughout India with regard to of those fundamental rights and punishment for 2 is incorrect. Article 35 also extends of the Parliament to make a law on the Fundamental Rights, even though some of those fall within the sphere of the state legislatures (i.e

12. #52Practice set
    Which of the following Fundamental Rights are not suspended during the operation of a National Emergency? 1. Article 25 2. Article 20 3. Article 21 4. Article 15Select the correct answer using the code given below
    • A1 and 2 only
    • B2 and 3 only
    • C2 and 4 only
    • D1, 2, 3 and 4
    Answer: (B) 2 and 3 only
    Explanation

    Option b is the correct Rights can be suspended during of a National Emergency except the by Articles 20 and 44th Amendment Act of 1978 restricted the Article 359 in two ways. Firstly, the President the right to move the Court for the fundamental rights guaranteed by Articles 20 to only those laws or associated executive are related with the emergency are protected challenged in a court of law

13. #53Practice set
    Consider the following statements about fundamental Rights. 1. The state can impose reasonable restrictions on them. 2. They are defended and guaranteed by the Supreme Court. 3. Laws to enforce fundamental rights can be made only by the parliament and not by the state legislature. 4. Their application to the members of armed forces can be restricted or abrogated by the Supreme court.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (C) Only three
    Explanation

    Option c is the correct l is correct: Fundamental Rights are not qualified. The state can impose reasonable them. However, whether such restrictions are not is to be decided by the courts. Thus, they strike between the rights of the individual and those society as a whole, between individual liberty and 2 is correct: Fundamental Rights are guaranteed by the Supreme Court. Hence, the can directly go to the Supreme court, not way of appeal against the judgment of the high 3 is correct: Most of the fundamental rights enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving them. Such a law can be made only by the Parliament state so that uniformity throughout is maintained (Article 4 is incorrect; Their application to the members forces, para-military forces, police forces, and analogous services can be restricted by the Parliament (Article 33)

14. #54Practice set
    Consider the following statements with reference to horizontal and vertical reservations in India: 1. Reservation for SCs, STs, and OBCs is referred to as vertical reservation. 2. Horizontal reservation refers to the equal opportunity provided to women and individuals with disabilities. 3. The Fundamental Rights under Part of the constitution provides only vertical reservation.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is correct: Reservation for Scheduled Tribes, and Other Backward Classes is referred vertical reservation. It applies separately for each of specified under the 2 is correct: Horizontal reservation refers equal opportunity provided to other categories such as women, veterans, the and individualo with disabilities. the vertical 3 is incorrect: Article of the vertical reservation while Article 15 (3) of contemplates horizontal 15( 4) and of the Constitution provides the Central Governments to reserve seats in for the members of the SC and makes it possible for the state to provisions for protecting the interests of women Important Tips The Supreme Court had ruled that if a person belonging to an intersection of vertical-horizontal reserved category had secured scores high enough to qualify without the vertical reservation, the person would be counted as qualifying

15. #55Practice set
    Which of the are available against both the state and private individuals? 1. Right to Equality under Article 14. 2. Abolition of untouchability under Article 3. Prohibition of traffic in human beings and forced labour under Article 23 4. Prohibition of discrimination under Article 15Select the correct answer using the code given below
    • A1 only
    • B2 and 3 only
    • C2, 3 and 4 only
    • D1, 2
    Answer: (C) 2, 3 and 4 only
    Explanation

    Option e is the correct l is incorrect: Right to equality under says that the state shall not deny to any person law or the equal protection of the laws within of India. Thus, this right is available only state but not the private 2 is correct: The supreme court held that under Article 17 is available against private and it is the constitutional obligation of the state to action to ensure that this right is not 3 is correct: Article 23 prohibits traffic in beggar (forced labour) and other similar forms labour. It protects the individual not only against but also against private 4 is correct: Article 15 prohibits the state both from discriminating any citizen only on of religion, race, sex, place of birth or any of having access to public places such as parks, clubs, or roads maintained out of the state's funds. Important Tips Article 15, 1'7, 23 and 24 are available against private indiv

16. #56Practice set
    Consider the following statements with reference to Artide 17 of the Constitution of India: 1. It abolishes untouchability and forbids its practice in any form. 2. It defines 'untouchable' as those people tainted by their birth into a caste system that deems them impure. 3. Constitution prescribes punishment for somebody practicing untouchability.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is correct: Under Article 17, Untouchability" and its practice in any form is 2 is incorrect: The term 'untouchability' has defined either in the constitution nor in the rights act, 1955. However, Supreme court has as a social practice among Hindu's when a on the basis of his/her birth looked down upon 3 is incorrect: The constitution does not prescription of the punishment rather the Protection rights act, 1955 prescribes punishment for the 'untouchability'. Important Tips Representation of people's act 1951 also prescribes practice of 'untouchability' as a ground for the disqualification of a person from the election to the parliament or state legislature

17. #57Practice set
    With reference to the Article 33 of the Constitution, consider the following statements: 1. It deals with the restriction of fundamental rights of both combatant and noncombatant members of armed forces. 2. Only Parliament has the power to make laws under Article 33. 3. The laws made under this article cannot be challenged in any court of law on the ground of contravention of any of the fundamental rights.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (C) All three
    Explanation

    Option c is the correct l is correct. Article 33 empowers the restrict or abrogate the fundamental rights of of armed forces, para-military forces, police agencies and analogous forces. The of the armed forces' also covers such employees armed forces as barbers, carpenters, mechanics, bootmakers, tailors who are 2 is correct. The power to make laws 33 is conferred only and not on state legislatures. Parliament has enacted the Act (1950), the (1950), the Air Force Act (1950), the Police of Rights) Act, 1966, the Border Security and so 3 is correct. Any law made by Parliament 33 cannot be challenged in any court on of contravention of any of the fundamental parliamentary law can also exclude the court the writ jurisdiction of the Supreme Court and the so far as the enforcement of Fundamental Rights

18. #58Practice set
    With reference to the Fundamental Rights mentioned in Part HI of the Constitution of India, which of the following was called as the 'the heart and soul' of our Constitution by Dr. B. R. Ambedkar, Father of the Indian Constitution?
    • AEquality Before Law and Equal Protection of Laws
    • BAbolition of Untouchability
    • CProtection of life and Personal Liberty
    • DRight to Constitutional Remedies
    Answer: (B) Abolition of Untouchability
    Explanation

    Option b is the correct Constitution of India has borrowed most of its the Constitutions of various other countries as well the Government of India Act of 1, 4 and 5 are provisions borrowed from Australian Concurrent List Freedom of trade, commerce and inter-course Joint sitting of the two Houses of for amendment of the Constitution is South African Constitution and Federation with Centre is borrowed from Canadian Constitution

19. #59Practice set
    Some caste groups previously associated with scavenging are forced to continue in this job. Those in positions of authority refuse to give them any other job. Their children are discouraged from pursuing education. Which of their Fundamental rights are being violated in this instance? l. Right to equality (Article 17) 2. Right to freedom (Article 19) 3. Right against exploitation (Article 24) 4. Cultural and educational rights (Article 30) 5. Right to Property (ArticleSelect the correct answer using the code given below
    • A1, 2 and 3 only
    • B2 and 3 only
    • C1, 3 4 only
    • D2, 3, 4 and 5 only
    Answer: (A) 1, 2 and 3 only
    Explanation

    Option a is the correct following Fundamental rights are being violated in instance 17 within Right to Equality abolish any form so in this case discouraging children of associated with scavenging from pursuing a form of 19 (f) within Right to Freedom i.e., it the right to practice any profession or to carry on but in this case, the people were being forced former job and they were denied other jobs which right to practice any profession they 24 within Right to Exploitation also employment of children below 14 years of age factories. In this case nothing is being done the employment of children in these factories discouraging them to pursue education, these no option to work in these hazardous activities So, this right is also being Article 30 as it is related to minorities, but of Cultural and Educational right is being violated to this right no children can be denied any educational in

20. #60Practice set
    Which of the following is the best description of Fundamental Rights?
    • AAll the rights an individual should have
    • BAll the rights given to citizens by law
    • CThe rights given and protected by the Constitution
    • DThe rights given by the Constitution that can never be restricted. mlm
    Answer: (C) The rights given and protected by the Constitution
    Explanation

    Option c is the correct a is incorrect: - An individual is provided of rights. However, not all of them could be Fundamental Rights. The Constitution listed some very essential rights that would be specially called them 'Fundamental Rights. There may be legal rights e.g. right to property, right to b is incorrect: - Fundamental Rights are other rights available to us. While ordinary are protected and enforced by ordinary law. rights are protected and guaranteed by c correct: - The word fundamental these rights are so important that the Constitution listed them and made special provisions for The Fundamental Rights are so important Constitution itself ensures that they are not violated government. Fundamental Rights are protected by the constitution of the d is incorrect: - Fundamental Rights absolute but qualified or subjected to They can be suspended during the a National Emergency exce

21. #61Practice set
    How the Constitution of India ensures equality of all religions? 1. The government does not levy fee on religious endowments. 2. The State does not discriminate on the basis of religion in giving employment. 3. The State cannot interfere in religious matters of the people.Select the correct answer using the code given below
    • A1 only
    • B2 only
    • C2 and 3 only
    • D1, 2 and 3
    Answer: (B) 2 only
    Explanation

    Option b is the correct 1 is incorrect. In order to ensure equality of Government does not levy tax on the RNANCE endowment. However, it levies fee, as levying a fee is Fee is used to control the secular not to promote any 2 is correct. Under fundamental right of right Article 16 clearly guarantees that the not discriminate on the basis of religion in Statement 3 is incorrect. Freedom of religion is subject limitations. The government can impose the practice of freedom of religion in order to protect morality and health. This means that the freedom is not an unlimited right. The government in religious matters for rooting out certain For example, in the past, the government has banning practices like sati, bigamy or human sacrifice

22. #62Practice set
    The system of adult franchise is the bedrock of a democratic system. People are called political sovereign because they possess the right to vote a government into power, or to vote a government out of power. In this context Universal Adult Franchise is an example of which of the following concept?
    • AAffirmative action
    • BFreedom of choice NANCE
    • CEqual rights
    • DFundamental rights
    Answer: (C) Equal rights
    Explanation

    Option c is the correct adult franchise means that the right to vote given to all adult citizens without the discrimination class, colour, religion or Adult Franchise is based on equality of is a basic principle of democracy. It demands that the right to vote should be equally available among all. any class of persons from exercising this right is their right to equality. In fact, the spirit of be maintained only if the people are given the right without any discrimination. The exercise of right adds to the individual's self-respect, dignity, sense and political and civic education. In the system of adult franchise is the bedrock of system. People are called political they possess the right to vote a government or to vote a government out of power. That is has sometimes been described as a mode controlling and dismissing governments by to vote is not a fundamental right in India

23. #63Practice set
    to the Fundamental Rights mentioned in Part HI of the Constitution of India, consider the following statements: 1. Both Parliament and state legislatures can restrict the Fundamental Rights of members of state police forces. 2. Any law restricting Fundamental Rights of armed forces cannot be challenged in any court on the ground of contravention of the Fundamental Rights. Vlhich of the above statements is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (B) 2 only
    Explanation

    Option bis the correct Fundamental Rights are enshrined in Part of Constitution from Articles 12 to 35. The are guaranteed by the Constitution to all any discrimination. They uphold the equality of the dignity of the individual, the larger and unity of the 1 is incon-ect. Article 33 of the that Parliament (and not a state legislature) to restrict or abrogate the Fundamental the members of armed forces, members of forces maintenance of public order, intelligence counterintelligence agencies, paramilitary forces, state police example, Police: non-gazetted personnel from the post to Inspector are not allowed to form any kind or association under the Police Forces (Restriction Act, power to make laws under Article 33 is conferred Parliament and not on state 2 is correct. Any law made to restrict rights of members of armed forces cannot in any court on the ground of contravention of the Funda

24. #64Practice set
    Which of the following statements is correct to Fundamental rights in India?
    • AAll Fundamental rights guarantee the rights of an individual against the state as well as other individuals
    • BThese rights are binding upon central government and not state government
    • CIt guides the Indian state to promote social and economic welfare
    • DBoth the Supreme court and High courts can issue writs for the enforcement of Fundamental rights
    Answer: (D) Both the Supreme court and High courts can issue writs for the enforcement of Fundamental rights
    Explanation

    Option d is the correct a is incorrect. All Fundamental rights rights of an individual against the state but not all against the action of private individuals. the first provision of Article -15 that the not discriminate against any citizen on the religion, race, caste, sex or place of birth only by state and not by private the second provision of not allowing citizens access public place on the basis of religion, race, caste, place of birth prohibits discrimination both by state private individuals. Article 19 are protected only and not against private b is incorrect. These rights are binding upon authority that has got power to make laws whether it government or state government or local c is incorrect. The role of guiding the to promote social and economic welfare is the DPSPs (Directive principles of state policy) and not dis correct. Both the,upreme court under and High courts under

25. #65Practice set
    Which Fundamental Right is violated if the government decides not to promote an officer of the forces for being a woman?
    • ARight to Equality
    • BRight to life and personal liberty
    • CRight against exploitation
    • DRight to undertake any profession
    Answer: (A) Right to Equality
    Explanation

    Option a is the correct a is correct. Article 14 provides that the state deny to any person equality before the law (ll' of laws within the territory of India. So, promotion of women officers is the rule article sees all person equal in the eye of law. Article that the state shall not discriminate against any grounds only of religion, race, rnste, sex, place of any of them. But denying the promotion on the bash (women) is a violation of article l S. Axtide slates citizen shall, on grounds only of religion, nice, nrnte, place of birth, residence or any of them be or discriminated against in respect of any office under the state. Thus, promotion if only men and not to women is a clear violation of Article to undertake any profession- All citizens are right to practise any profession or to carry on trade or business. This right only covers all of earning one's livelihood. It does not prohib

26. #66Practice set
    Consider the following statements: 1. At present there is no provision related to Right to Property in the Constitution of India. 2. The 42nd Amendment Act, 1976 removed the fundamental right status provided to Right to Property.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (D) Neither 1 nor 2
    Explanation

    Option d is the correct 1 is incorrect. The 44th Act 1978 Constitution of India inserted a artkle Right to Property which wa, inade a Constitutional this article. Though to property is n'moved Fundamental Right but it is still present as a Article requires the to follow due authority of law to deprive a person of his or hier This article provides restrictions on the cannot take property wfthout the force of interpreted can be deprived of the force of law. The law here means a validly enacted law which is just, 2 is incorrect. In 1978, 44 11' amendment Act constitution removed the right to property from the fundamental rights and converted to a simple legal article Necessary amendments for this made to article 19 and article 31. It would, ensured that the removal of property from the list rights would not affect the right of establish and administer educational institutions of

27. #67Practice set
    With reference to the restrictions imposed on Article 19 of the Constitution, consider the following statements: 1. Under Section 144 of the Criminal Procedure Code, a magistrate can restrain an assembly if there is resistance in the execution of any law. 2. Under Section 141 of the Indian Penal Code, an assembly of five or more people becomes unlawful if they forcibly occupy the property of some person.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (B) 2 only
    Explanation

    Option b is the correct to assemble peaceably and without arms is one of rights guaranteed by Article 19 of the Constitution citizens. It includes the right to hold public and take out l is incorrect: An assembly of five or becomes unlawful if the object is to resist of any law or legal process under Section the Indian Penal Code (and not Under of Criminal Procedure Code (1973), a magistrate an assembly, meeting or procession if there is a obstruction, annoyance or danger to human life, health or a disturbance of the public tranquillity or a riot 2 is correct: Under Section 141 of the Code, as assembly of five or more persons if the object is to resist the execution of any law process. Other grounds for imposing restrictions the object is to forcibly occupy the property of some person to commit any mischief or criminal trespass to force some person to do an illegal act to threaten the go

28. #68Practice set
    the following statements with respect to the provisions of Article 16 of the Constitution: 1. Employment to any office under the State shall not be based on grounds only of place of birth. 2. State legislatures may make a law prescribing a requirement of residence for jobs in a particular state.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct 16 provides for equality of opportunity for in matters of employment or appointment to under the State. No citizen can be discriminated of only religion, race, caste, sex, descent, place or l is correct: Article states that "no on grounds only of religion, race, caste, sex, of birth, residence shall be discriminated against or office under the State". The provision by the other clauses in the Constitution 2 is incorrect: However, Article of provides an exception by saying that State legislatures may make a law "prescribing" of residence for jobs in a particular state. vests solely in the Parliament, not state legislatures

29. #69Practice set
    "A farmer's union wanted to organise hunger strikes and take out processions against the decision of the district administration. But their demand is not met by the district administration:' Which of the following fundamental rights is violated in the above situation?
    • AArticle 15
    • BArticle 19
    • CArticle 32
    • DArticle 21
    Answer: (B) Article 19
    Explanation

    Option bis the answer. The right to protest involves the exercise of two freedom of speech and expression under Article (a) of the Constitution and the freedom to under 19 ( 1) of the Indian constitution "Freedom and expression" is a fundamental right given to against the state, which includes carrying out public 19( 1) (b) provides for the right to assemble without arms. This includes the right to hold hunger strikes, and the right to take

30. #70Practice set
    In which of the following cases, the writ of habeas corpus is not issued? 1. Detention is outside the jurisdiction of Lhe court. 2. When the martial law is imposed in a state. 3. When the proceeding is for contempt of a legislature or a court. 4. Where imprisonment is in accordance with a decision rendered by a court of lawSelect the correct answer using the code given below
    • A1, 2 and 3 only
    • B2 and 4 only
    • C1 and 3 only
    • D1, 3 and 4 only
    Answer: (D) 1, 3 and 4 only
    Explanation

    Option dis the correct Corpus' literally means "to have the body of". is used to release a person who has been or imprisoned. By virtue of this writ, the the person so detained to be brought before it the legality of his Corpus cannot be issued in the following cases: detention is lawful 2) When the proceeding is of a legislature or a court 3) Detention is by court 4) Detention is outside the jurisdiction Supreme Court held that the declaration of martial not ipso facto result in the suspension of the writ writ of habeas corpus will not lie and will be refused by where the person or authority against whom habeas corpus is sought is not within the territorial jurisdiction of the court. Where imprisonment or detention of a person is in accordance with a decision rendered by a court of law or by an authority in accordance with law

31. #71Practice set
    Which of the following fundamental rights are available to a person who is arrested or detained under an ordinary law under Artide 22? 1. Right to know the grounds of arrest 2. Right to be produced before the Magistrate 3. Right to be released on bail 4. Right to consult a Lawyer 5. Right to free legal aid 6. Right to keep quietSelect the correct answer using the code given below
    • A1, 3, 4, 5 and 6 only
    • B1, 2 and 4 only
    • C1, 2, 3, 4 and 5 only
    • D1, 2, 3, 4, 5 and 6
    Answer: (B) 1, 2 and 4 only
    Explanation

    Option bis the correct 22 provides for the Protection against arrest in certain cases. Statements 1, 2 and 4 are 22 confers the following rights on a person who or the detained under the ordinary law: (i) to be informed of the grounds of arrest. (ii) The consult and to be defended by the legal practitioner( right to be produced before the magistrate within of twenty-four hours (iv) The right to be released hours unless the magistrate authorises further 3, 5 and 6 are 50 (2) of provides that the arrested the right to get released on bail by making the provides free legal aid to people right to keep quiet does not have any mention in law, however, its authority can be derived from Cr well as the Indian Evidence Act

32. #72Practice set
    With regard to fundamental rights under Artide 23, which of the following statements is/are incorrect? 1. Whenever any service is taken by the State from any person, the state is bound to pay him. 2. This right is provided only against the actions of state and not private citizens. 3. The State is permitted to make any discrimination on grounds only of religion, race, caste or class in imposing compulsory service.Select the correct answer using the code given below
    • A1 and 2 only
    • B2 only
    • C2 and 3 only
    • D1, 2 and 3
    Answer: (D) 1, 2 and 3
    Explanation

    Option d is the correct 23 provides for the Prohibition of traffic in and forced Traffic in human beings and the beggar similar forms of forced labour are prohibited and of this provision shall be an offence accordance with the 1 is incorrect: Article 23 does not prevent to impose compulsory services for public military service or social service. For this, the state bound to 2 is incorrect: Article 23 protects citizens against the State but also from private citizens. is obliged to protect citizens from these evils by action against perpetrators of these acts (which crimes), and also lalu, aclium tu evils from 3 is incorrect. In making any such for public purposes, the State, however, discrimination on the basis of religion, race, caste or any of them

33. #73Practice set
    Consider the following statements with reference to the Mandamus: 1. Mandamus is a command issued by the court to a public official asking him to perform his official duties. 2. The writ of mandamus cannot be issued against a private individual or body.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2 1 08
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct l is correct: Mandamus literally means It is a command issued by the court lo a asking him to perform his official duties that failed or refused to perform. It can also be issued public body, a corporation, an inferior court, a government for the same 2 is correct: The writ of mandamus cannot Against a private individual or body; To enforce departmental instruction that does not poasess statutory force; When the duty is discretionary nut mandatory; To enforce a contractual obligation; Against the president of India or the state governors; and Against the chief justice of a high court acting in judicial capacity

34. #74Practice set
    If the government decides to provide citizenship to a selected group of people based on religion, then such action will violate which of the following Fundamental Right?
    • ARight to equality
    • BRight to life and personal liberty
    • CRight against exploitation
    • DRight to freedom ofreligion
    Answer: (C) Right against exploitation
    Explanation

    Option c is the correct l is incorrect. Objective Resolution the establishment of Independent, sovereign, and not included the words socialist and the original constitution did not include these 2 is correct. Objective Resolution ancient land attains its rightful and honoured place world and makes its full and willing contribution to of world peace and the welfare of 3 is correct. Objective Resolution fundamental freedoms like the freedom of belief, faith worship, vocation, action to the people of 4 is correct. Objective Resolution stated that be a union of all the territories that comprise the territories that now form the Indian states other parts of India as are outside India and the well as other territories that are willing to Solution: Option dis the correct l is Preamble has been amended only once so far, in the 42nd Constitutional Amendment Act, which three new words-Socialist, S

35. #75Practice set
    With reference to the comparison between the Fundamental Rights and the Directive Principles of State Policy, consider the following statements: 1. The focus of Fundamental Rights is at the individual level, whereas the focus of Directive Principles is at the community level. 2. Fundamental Rights restrict the power of the state whereas the Directive Principles requires the State to take certain positive steps. 3. The courts can declare a law as unconstitutional if it violates either the Fundamental Rights or the Directive Principles of State Policy. many of the above given statements is/ arc correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is correct: Fundamental Rights promote of the individual. They promote the ideal of The Directive Principles of States the welfare of the community. They promote of social and economic 2 is correct: Fundamental Rights are negative restrict the power of the state. The Directive States Policy are positive as they require the State to 3 is incorrect: Judiciary can declare a law and invalid if it violates the The courts cannot declare a law violative of the Directive Principles as unconstitutional and they can uphold the validity of a law on the it was enacted to give effect to a directive

36. #76Practice set
    With to the Freedom of Movement guar.a.nteed under Article 19 of Indian constitution, consider the following statements: 1. The State can impose reasonable restrictions on this right for the protection of the interests of any Scheduled Tribe. 2. The freedom to move outside the borders of India is covered under this right.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct I is correct: There are 2 limitations 'reasonable restrictions' to the exercise of Movement guaranteed under Article 19 of interests of general public interests of any schedulcd 2 incorrect: The freedom to leave lhc India as per an individual's will and return back, citizen have been covered under the expanded scope 21, by judicial activism in Maneka Gandhi Freedom of Movement under Article 19 covers of Indian citizens to move freely within India only

37. #77Practice set
    Consider the following statements with respect to the provisions of 'Martial Law' in India" 1. The 'Martial Law' can be imposed only on the ground of 'armed rebellion within India'. IIJI 2. The declaration of Martial Law automatically results in the suspension of the writ of Habeas Corpus. 3. 'Martial Law' is defined by the Constitution as 'military rule under extraordinary circumstances.How many of the above given statements is/ are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (D) None
    Explanation

    Option d is the correct 34 provides for the restrictions on while martial law is in force in any area within of India. However, the expression 'martial law' been defined anywhere in the Constitution. Statement l is incorrect. Martial Law is imposed to breakdown of law and order due to any reason. is imposed under extraordinary circumstances invasion, insurrection, rebellion, riot or any to 2 is incorrect. The Supreme Court held that of martial law does not ipso facto result in of the writ of habeas corpus. However, operation of martial law, the military authorities and regulations on the rights of the civilians, the 3 is incorrect. 'Martial law' is not in the Constitution. It means 'military rule'. Important Tips Comparison between National emergency and Martial law: National Emergency Martial Law affects not only It affects only Fundamental Fundamental Rights but Rights (PRs) Government

38. #78Practice set
    With reference to 'Fundamental Rights', consider the following statements: 1. They are sacrosanct and cannot be amended by parliament. 2. They act as a restriction to the ideal of political democracy. 3. They are guaranteed and protected by the Constitution of India.How many of the above given statements is/ are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct Fundamental Rights are enshrined in Part of from Articles 12 to are not absolute The state can impose reasonable restrictions l is incorrect: Fundamental rights can by the Parliament by a constitutional only if the amendment does not alter the basic the 2 is incorrect: Fundamental Rights by the Constitution to all persons discrimination. The Fundamental Rights are promoting the ideal of political democracy and 3 is correct: The Fundamental Rights and protected by the Constitution of are 'fundamental' also in the sense that they are for the all--round development of individuals

39. #79Practice set
    The Article 26 of the Indian Constitution deals with the 'Freedom to Religious Affairs'. Under this Article, the Constitution: 1. Guarantees the right to every religious denomination to establish and maintain institutions for religious purposes. 2. Defines 'religious denomination' as a collection of individuals having common spiritual beliefs organized under a distinctive name. 3. Provides that the rights under Article 26 are subjected to the fulfillment of other Fundamental Rights. 4. Prescribes 'morality' and 'health' as reasonable grounds lo on these rights.How many of the above given statements is/ are correct?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (B) Only two
    Explanation

    Option b is the correct 26 of the Indian Constitution deals with Manage Religious Affairs. This Fundamental with the rights of religious denomination or any of l is correct: Article 26 grants following rights religious denominations (or its sections)

40. #80Practice set
    Which among the following constitutional rights are not contained in the Part (Fundamental Rights) of the Indian Constitution? 1. Universal Adult Suffrage 2. Levying of tax only by the authority of law 3. Right to Free Legal Aid 4. Right against UntouchabilityChoose the correct answer from the codes given below
    • A1 only
    • B1, 2 and 3 only
    • C1 and 2 only
    • D2, 3 and 4 only
    Answer: (C) 1 and 2 only
    Explanation

    Option c is the correct Fundamental Rights are Constitutional Rights, versa need not be l is correct: Article 326 in part XV deals with It states that elections to the Houseof the to the Legislative Assemblies of States to be on the adult 2 is correct: Article 265 in Part XII states that can be levied except by the authority of law. In levying of any tax must be based on a statute and only be imposed by an authority authorized under under a 3 is incorrect: Right to free legal aid falls 21 of the Part HI of the Constitution which to Life and Personal Liberty. Option 4 is incorrect: Right against Untouchability provided under Article 17 of Part HI of the Important Tips Other important rights outside Part of the Constitution are: Article 300-A (Part XII): No person shall be deprived of his property except by the authority of the law. Article 301 (Part XIII): Trade, commerce and intercourse

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