UPSC Prelims PYQ › Polity › Fundamental Rights

Fundamental Rights — UPSC Prelims Polity previous year questions — page 3

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. #81Practice set
   Consider the following statements with reference to the Article 19 of the Indian Constitution: 1. Right to Privacy is a fundamental right under Article 19. 2. Rights of a foreigner provided under Article 19 can be invoked even if he is not present in India.Which of the above given statements 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 19 of the Indian Constitution deals with the Right of Speech and l is incorrect: The Supreme Court, in case, held that the right to privacy is an intrinsic part of the right to life and personal Article 21 (not under Article 2 is incorrect: As per the Gujrat High Court, liberty under Article 19 and 21 of a foreigner invoked on his behalf when the individual himself in India. Also, the rights under Article 19 are to the citizens of India and not to foreigners

2. #82Practice set
   The understanding of 'reasonableness' of a restriction on Fundamental Rights helps Courts in deciding the constitutionality of a statute. In this context, consider the following statements: 1. The Supreme Court has laid down a general framework for the 'reasonableness test', which is applicable to all cases. 2. Prevailing social values can be considered while deciding 'reasonableness' of a law.Which of the statements given above is/ are correct? Practicebo Fom
   • A1 only
   • B2 only
   • CBoth 1 and 2
   • DNeither 1 nor 2
   Answer: (B) 2 only
   Explanation

   Option b is the correct l is incorrect: In the State of Madras vs. it has been held that the test of reasonableness appliied in the context of each statute concerned and standard or general pattern of reasonableness laid down as applicable to all the 2 is correct: In the State of UP vs. Court has held that prevailing social values needs which are intended to be satisfied by also help in deciding 'reasonableness' of a law. Important Tips Other considerations in deciding reasonableness can be: The Directive Principles of State Policy (DPSP) Arbitrariness and excessiveness of the restrictions Balance between restrictions imposed and the social control envisaged. Proximity between restrictions and the objects to be achived

3. #83Practice set
   Consider the following statements with reference to the amendability of Fundamental Rights in India: 1. Presently, the Parliament has unlimited power to amend the Fundamental Rights in India. 2. In the Golaknath Case (1967), the Supreme Court had held that the parliament does not have power to amend Fundamental Rights. 3. In the Minerva Mills Case, the Supreme Court held that fundamental rights under Articles 14 and 19 can be amended to give effect to directive principles.How many of the above given statements is/ are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option b is the correct l is incorrect: In Kesavananda Bharati ), Supreme Court held that the Parliament the fundamental rights without altering the of the Constitution. Thus, the parliament have unlimited power to amend the 2 is correct: In the Golaknath v. State of Supreme Court held that parliamentary powers 368 were not absolute, and that the abridge fundamental rights as they are Part 3 is correct: Supreme Court, in Minerva upheld the validity of Article 31 C. According to a law that seeks to implement any or all of the of Part IV shall not be deemed invalid just violates a citizen's fundamental rights under Article before the law) or Article 19. Hence, can be amended to give effect to directive principles

4. #84Practice set
   According to the 20 of Part of the Indian Constitution, which of the following statements is/ the right of 'protection against self-incrimination'? 1. It provides that a person accused of any offence shall not be compelled to be a witness against himself. 2. It extends only to the civil proceedings and not to the criminal proceedings. 3. It provides that an accused cannot be compelled to submit his thumb impression or blood specimen.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 1 is correct: According to Article 20, No of any offence shall be compelled to be a himself. An individual cannot be compelled to be in his own case by giving oral or written Code of Criminal Procedure also gives the defendant to remain 2 is incorrect: The right against available only during criminal proceedings and not proceedings or the proceedings which are not 3 is incorrect: The protection under Article not extend to

5. #85Practice set
   Consider the following statements: 1. Article 3 provides for compensation in case of acquisition of property by the State. 2. Article 3 does not provide protection from Judicial review while Article 3 provides the same. 3. Article 31 C seeks to facilitate the implementation of Article and Article okHow many of the above given statements is/ are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option bis the correct First Amendment Act, 1951 inserted Articles to the Constitution. Article was inserted in by 25th Amendment Act, 1 is correct: Article saves five categories from being challenged and invalidated on the contravention of the fundamental rights conferred 14 and Article 19. It includes Acquisition of related rights by the State, Taking over the properties by the State, Amalgamation of or modification of rights of shareholders of corporations and modification of mining leases. It also provides right to compensation in case of acquisition of the private property by the 2 is incorrect: Article 3 protects the acts included in the Ninth Schedule from and invalidated on the ground of any of the fundamental rights. The scope of Article 31 B than Article 3 as it immunizes any law included in the Ninth Schedule from the Fundamental Rights that protects only five categories). Sup

6. #86Practice set
   Consider the following statements with reference to the Alt'U.de 18 of Lhe Indian Constitution: 1. It prohibits the hereditary titles of the nobility. 2. Any foreigner residing in India cannot accept any title fwm auy ulhcr foreign state without the consent of the President 3. No restriction is placed by Article 18 on any citizen for accepting a present or emolument from any foreign state.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 l is correct: Article 18 abolishes titles and in that regard. The hereditary titles of Maharaja, Raj Bahadur, Rai Bahadur, Rai Saheb, etc., which were conferred by colonial States by Article 18 as these are against the principle status of 2 is incorrect: According to article holding any office of profit or trust under accept any title from any foreign state without of the President. No such bars for foreigners in the 3 is incorrect: It provides that no citizen holding any office of profit or trust under the to accept any present, emolument or office from or foreign State without the consent of the president

7. #87Practice set
   Consider the following pairs:(.Type.of Writ) {.Desciiptfon) 1. Habeas It protects an individual Corpus against unlawful imprisonment. 2. Mandamus It prevents a court from exceeding its jurisdiction. 3. Prohibition It directs a public servant to perform his legal duties. 4. Certiorari It prevents illegal usurpation of public office by a person.How many pairs given above are correctly matched?
   • AOnly one
   • BOnly two Practiceb o o k
   • COnly three
   • DAll four
   Answer: (A) Only one
   Explanation

   Option a is the correct Supreme Court (under Article 32) and the high Article 226) can issue the writs of habeas prohibition, certiorari and quo-warranto. mrom m Pair l is correct: It protects an individual A writ of habeas corpus means that the that the arrested person he presented can also order to set free an arrested person if the grounds of arrest are not lawful or 2 is incorrect: Mandamus writ is issued when the that a particular office holder is not doing legal thereby is infringing on the rights of an 3 is incorrect: Prohibition is the writ issued by a (High Court or Supreme Court) when a lower considered a case going beyond its 4 is incorrect: Under Certiorari writ, the court orders court or another authority to transfer a matter it to the higher authority or court. Whereas Qno- War ranto means 'by what authority or warrant'. It prevents of public office by a person. Important T

8. #88Practice set
   Consider the following rights: 1. Right to vote 2. Right to life 3. Right to be treated equally before the law 4. Right to speedy trialHow many of the above given rights has been made available to the prisoners in India through various Supreme court judgements?
   • AOnly one
   • BOnly two
   • COnly three
   • DAll four
   Answer: (C) Only three
   Explanation

   Option c is the correct of India does not expressly provide the provisions related to the prisoners' rights but in the case of T. v. State of Tamil. Nadu, it was held that 14, 19 and 21 are available to the prisoners as freemen. Prison walls do not keep out fundamental rights. Practkebook Option 3 fa correct; 14 of the Constitution of that the State shall not deny to any person or the oflaws within the 2 and 4 are correct: Article 21 of the India says that No person shall he deprived of his life liberty except according to procedure law. This indudcs right to speedy trial as a to the I. fa incorrect: Right to vote is not available to n in Imlia,Rl-i of Sohlforn Option cl is the correct I fa The 86th Act of elementary education a rumdamental Right 21 nt 2 is coned. The Act of the subject-matter of Artide 45. The principle requires the State to provide early hood care and education for all

9. #89Practice set
   Consider the following statements regarding the 'preventive detention' law in India: 1. The Constitution of India prescribes that the preventive detention cannot exceed beyond the maximum period of three months under any circumstance. 2. Both the Centre and the States can enact laws on matters regarding preventive detention. 3. Article 22 provides protection against preventive detention only to Indian citizens and not to foreigners.How many of the above given statements are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (A) Only one
   Explanation

   Option a is the correct detention means detention of a person It is meant to prevent a person from committing In other words, the person has not committed yet, but the authorities anticipate him to be a threat und l is incorrect: The Constitution provides that of a person cannot exceed three months. certain circumstances it can be extended if an reports sufficient for its 2 is correct: Both the Centre and the States laws on preventive detention. The Centre has to make a law of preventive detention on the with defense. foreign affairs tlw rity On the matters pertaining lo security of the of public order and maintenance of services essential to the community, both the the States can concurrently enact 3 is incorrect: Protection under Article 22 preventive detention is applicable to both and the foreigners

10. #90Practice set
    Which of the following parts of the Constitution of India ensures gender cqualily for its citizens? 1. Eighth Schedule. 2. Fundamental Rights. 3. Directive Principles of State Policy. 4. Fundamental Duties.Select the correct answer using the code given below
    • A1 and 4 only
    • B2 and 3 only
    • C2, 3 and 4 only
    • D1, 2, 3 and 4
    Answer: (C) 2, 3 and 4 only
    Explanation

    Option c is the correct principle of gender equality is enshrined in Constitution in its Preamble, fundamental Duties and Directive Constitution not only grants equality to women, empowers the State to adopt measures of in favour of women. Some of the Rights: Equality before law for women (Article 14. The State is not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them (Article 15. The State to make any special provision in favour of women and children (Article 15 (3.) Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article Principles of State Policy: To minimise inequalities in income, status, facilities and opportunities (Article 38). To secure the right to adequate means of livelihood for all citizens (Article 39 a). To secure equal pay for equal work f

11. #91Practice set
    Consider the following statements with to the Directive Principles of State Policy:Practiceb o o k 1. It facilitate stability and continuity in domestic policies. 2. They are supplementary to the fundamental rights of the citizens.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. The Directives Principles of facilitate stability and continuity in domestic policies in political, economic and social spheres of the changes of the party in 2 is correct. They are supplementary to rights of the citizens. They are intended in the vacuum in Parl by providing for social rights

12. #92Practice set
    Consider the following statements: 1. A law which seeks to implement the Directive Principles of State Policy cannot be questioned in any court on the ground that it violates the Fundamental rights. 2. Rights under Article 14 and Article 19 cannot be violated for implementing any of the Directive Principles of State Policy.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 l is incorrect. In the Kesavananda Bharati the Supreme Court held that the judicial review is feature of the Constitution and hence, cannot be Hence, laws which seek to implement the of State Policy can be questioned in courts on that they violate the Fundamental 2 is incorrect. In the Kesavananda (1973), the Supreme Court held that amendments and valid. Hence, the Fundamental by Article 14 and Article 19 were accepted to the Directive Principles specified in (b) and

13. #93Practice set
    In which of the following cases did the Supreme Court of India held that 'the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive
    • AChampakam Dorairajan case
    • BGolaknath case
    • CKesavananda Bharati case
    • DMinerva Mills case k
    Answer: (D) Minerva Mills case k
    Explanation

    Option d is the correct the Minerva Mills case (1980), the Supreme Court that 'the Indian Constitution is founded on the the balance between the Fundamental Rights and Principles'. They together constitute the core to social revolution. They are like two a chariot, one no less than the other

14. #94Practice set
    In the context of Directive Principles of State Policy, which of the following statement correctly describes the importance of
    • AIt was introduced to overturn the Kesavananda Bharti Case verdict that made Fundamental Rights sacrosanct
    • BIt protects acts and regulations included in the ninth schedule from being challenged in the court of law
    • CIt diluted the Right to Equality (Article 14) and Freedom of Speech and Expression (Article 19) of the constitution in favor of some DPSPs
    • DIt directs the state that operation of economic system should not result in concentration of wealth
    Answer: (C) It diluted the Right to Equality (Article 14) and Freedom of Speech and Expression (Article 19) of the constitution in favor of some DPSPs
    Explanation

    Option c is the 31 has hef'n times for of DPSPs. The features and significance Article a is incorrect - Article 31 C was inserted in by 25 th Amendment Act, 1971. It was overturn the SC judgement in the Golaknath case Supreme Court has specified be abridged or diluted in any case. The again by bringing the 25th Amendment Act of which inserted Article 31 C in Part Option b is incorrect - Article 31 (B) protects the acts included in the Ninth Schedule from and invalidated on the ground of any of the fundamental rights..However, the in its judgement in the I.R. Coelho case (2007) even laws under the Ninth Schedule would be scrutiny if they violated Fundamental Rights or the of the c is correct - Article 31 C says that no law to implement socialistic directive principles Articles 39 (b) and shall be declared void grounds of contravention of the fundamental by Article 14 or Article 19. It has

15. #95Practice set
    What was the key ruling of the Supreme Court in the 'State of Madras v. Champakam Dorairajan' case?
    • AThe Directive Principles of State Policy have a position of legal primacy and supremacy over Fundamental Rights
    • BIndian Constitution is founded on the bedrock of balance between the Fundamental Rights and the Directive Principles
    • CFundamental Rights can never be amended by Parliament, even by enacting Constitutional amendment acts
    • DFundamental Rights would prevail over the Directive Principles of State Policy, in case of any conflict between the two
    Answer: (D) Fundamental Rights would prevail over the Directive Principles of State Policy, in case of any conflict between the two
    Explanation

    Option d is the correct State of Madras v. Champakam Dorairajan is decision of the Supreme Court of India. led to the first amendment of the India. The Supreme court held that Directive State Policy have to conform to and run as the Chapter of Fundamental Rights. The Supreme that in case of any conflict between the and the Directive Principles, the former But, it also held that the Fundamental Rights amended by the Parliament by enacting acts. Later in the Minerva Mills case (1980), the Supreme held that 'the Indian Constitution is founded on of the balance between the Fundamental the Directive Principles

16. #96Practice set
    With reference to 'Co-operative Societies in India', consider the following statements: 1. The subject of Co-operative Societies falls under concurrent list in Seventh Schedule of Indian Constitution. 2. The Constitution directs the state to promote voluntary formation and autonomous functioning of co-operative societies. 3. Right to form co-operative societies a fundamental right under Constitution of India.How many of the above given statements is/ are correct? IJIIL Practiceboo nnn
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four Basic Structure
    Answer: (B) Only two
    Explanation

    Option b is the correct 1 is incorrect: The subject of cooperative in the state list under the Seventh Schedule of and "belongs wholly and exclusively to legislatures to legislate 2 is correct: The 97th Amendment Act of a new Directive Principle relating to It requires the state to promote autonomous functioning, democratic professional management of co-operative 3 is correct: The 97th Constitutional of 2011 made the right to form co-operative societies right (Article 19). Important Tips Changes made by the 97 th Constitutional Amendment Act of It made the right to form co-operative societies a fundamental right (Article 19). It included a new Directive Principle of State Policy on promotion of co--operative societies (Article 43-B2). It added a new Part IX-B in the Constitution which is entitled "The Co--operative Societies" (Articles 243-ZH to 243-ZT) Bask Structure

17. #97Practice set
    Consider the following statements to the suspension of fundamental rights during National emergency: 1. Under Article 359 of Indian Constitution, the Fundamental Rights guaranteed by Articles 20 and 21 are compulsorily suspended during emergency. 2. Unlike Article 359, Article 358 automatically suspends certain fundamental rights when the emergency is proclaimed. 3. Unlike Article 359, Article 358 operates in case of both External Emergency as well as Internal Emergency.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct 358 and 359 describe the effect of a on the Fundamental l is incorrect. Article 358 deals with of the Fundamental Rights guaranteed 19, while Article 359 deals with the suspension Fundamental Rights ( except those guaranteed 20 and 21). The right to protection in respect for offences (Article 20) and the right to life liberty (Article 21) remain enforceable even 2 is correct. Article 358 automatically fundamental rights under Article 19 as soon as is declared. On the other hand, Article 359 the president to suspend the enforcement of Fundamental Rights through a Presidential 3 is incorrect. Article 358 operates only of External Emergency and not in the case of Article 359 operates in case of both as well as Internal Emergency. means when the emergency is declared on of war or external aggression. Internal when the Emergency is declared on the ground rebellion

18. #98Practice set
    With reference to effects of national emergency on Fundamental rights, consider the following statements:During the period of national emergency: 1. Restrictions can be imposed on the freedom of press 2. A person can be arrested without fair trial 3. State can discriminate among the citizens 4. The writ of habeas corpus cannot be issued by the courtsHow many of the 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: According to Article 358, proclamation of national emergency is made, the Rights under Article 19 are So, restrictions can be imposed on the the 2 is correct: Rights other than the right in respect of conviction for offences (Article the right to life and personal liberty (Article 21) can Since fair trial is dealt with in article 22, can be suspended by the state. Therefore, can be arrested without fair 3 is correct: Since equality is dealt with in its enforcement can also be suspended by the state. State can discriminate among the 4 is incorrect: The 44th Amendment, 1978, that Article 21, relating to personal liberty suspended even during an emergency. In this way has been strengthened and the writ of habeas its potency even during an emergency

19. #99Practice set
    Which one of the following statements correctly describes 'doctrine of proportionality'?
    • ATwo conflicting provisions should be interpreted in such a way that each has a separate effect and neither is redundant or nullified
    • BThere must be a reasonable balance between the desired result and the measures taken to reach that goal
    • CIt determines a question of competency to enact a law when a legislature oversteps its conferred power
    • DIf there is any unconstitutional part in a statute, then only that part is declared void and not the entire statute
    Answer: (B) There must be a reasonable balance between the desired result and the measures taken to reach that goal
    Explanation

    Option b is the correct of proportionality finds its place in Law and is used at the stage of Judicial doctrine asserts that there must be a between the desired result and the to reach that goal. The proportionality test tool to determine the constitutionality of an action a fundamental right. It requires that a should be pursuing a proper purpose and that a proper balance between the importance of achieving and the harm caused by limiting the right

20. #100Practice set
    Which among the following provisions of Constitution of India require the special nrnjority of the Parliament? 1. Admission or establishment of new states 2. Use of official language 3. Fundamental Rights 4. Directive Principles of State PolicySelect the correct answer using the codes given below
    • A1, 2 and 3 only
    • B3 and 4 only
    • C2, 3 and 4 only
    • D1, 2, 3 and 4
    Answer: (B) 3 and 4 only
    Explanation

    Option b is the correct 368 of the Indian Constitution provides for two amendments that are by special majority of abu Lluuugli Llie of half of Lhe slales by 3 and 4 is correct: A number of provisions in need to be amended by a special majority Parliament, Lhal a of Lhe Lola! each House and a majority of two-thirds of the each House present and voting. The provisions which amended by this way includes: Fundamental Rights Directive Principles of State Policy All other provisions which are not covered by the first and third I and 2 is incorrect: A number of provisions in can be amended by a simple majority of Houses of Parliament outside the scope of Article provisions include: Admission or establishment of new states. Use of official language. Important Tips Other provisions amended by the simple majority are following: Formation of new states and alteration of areas, boundaries or names

21. #101Practice set
    Which of the following statements best defines the true meaning of 'democratic government'?
    • AA government formed through direct elections
    • BA government where the head of state is elected by the people
    • CA government which explains its actions and defends its decisions to the people
    • DA government governing the citizens through a written constitution
    Answer: (C) A government which explains its actions and defends its decisions to the people
    Explanation

    Option c is the correct a is incorrect. Elections ( whether direct alone does not guarantee democratic autocratic leaders like Hitler also gets ballot voting. Elections should be based on franchise as it is based on equality which is a of democracy. Elections should be free and should provide equal opportunity to contest and b is incorrect. A Republic is where the state is elected by the people. It is not necessarily to For ex China is a republic but not United Kingdom is a monarch but still a c is correct. A democratic government responsible and answerable to the people. It explain the policies, provide to and to criticize the actions through This best describes the democratic d is incorrect. A democratic government necessarily have a written set of rules. Countries Zealand and Britain have unwritten constitution, qualify to be the democratic countries due to freedom of speech and expre

22. #102Practice set
    With reference to the freedom of trade and commerce given under the Constitution, consider the following statements: I. Article 19 of the Constitution guarantees freedom of trade for an individual throughout the territory of India. 2. The Constitution confines itself to inter- State freedom to trade and commerce and no protection to intra state trade and commerce.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 answer. Statement l is correct. Article 19 of the Constitution guarantees freedom of trade for an individual throughout the territory of India. It protects an individual's right to practise any profession, or to carry on any occupation, trade or business. Statement 2 is incorrect. Articles 301-307 contained in Part XIII of the Constitution are not only confined to inter- State freedom but includes intra-State freedom of trade and commerce as well

23. #103Practice set
    Consider the following statement with reference to Article 13 of Indian constitution: 1. A constitutional amendment inconsistent with fundamental rights is void under Article 13. 2. Custom or usage having force of law can be declared void if it violates FundamentalWhich of the above statements is/are correct in the above context?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct 13 declares that all. laws that are inconsistent in derogation of the Fundamental Rights shall be null Thus, it provides for judicial l is correct. Article 13 declares that amendment is not a law and hence challenged. However, the Supreme Court held in case ( 1973) that a can be challenged on the ground that it fundamental right that forms a part of the 'basic the Constitution and hence, can be declared as 2 is correct. The term 'law' in Article 13 has a wide connotation so as to include the Permanent laws enacted by the Parliament or the state Temporary laws like ordinances issued by the president or the state Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and (cl) Non-legislative sources of law, that is, custom or usage having the force of not only a legislation but any

24. #104Practice set
    With reference to the protection provided to arrested person under Article 22 of the Constitution and other criminal laws, consider the following statements: 1. A person has a right to be informed about the grounds of arrest. 2. A person must be produced before a magistrate within a period of 48 hours. 3. Confessions made in police custody cannot be used as evidence against the accused. 4. A boy under 15 years of age or a woman cannot be called to the police station just for questioning.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 22 and Criminal laws confers the following rights person who is arrested or detained under an ordinary 1 is correct. A person has a right to be the time of arrest of the offence for which the person 2 is Incorrect. Right to be produced before within 24 hours excluding the journey 3 is correct. Confessions made in police be used as evidence against the 4 is correct A boy under 15 years of age and be called to the police station only for to be released after 24 hours unless the further Right not to be -treated or tortured during arrest to consult and be defended by a legal practitioner

25. #105Practice set
    Consider the following statements: 1. Right to reputation forms a part of Article 21 of the Constitution. 2. The Universal Declaration on Human Rights, 1948 and International Covenant on Civil and Political Rights explicitly mentions about the right to reputation.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 tlw 1 is correct: As per the SC, the right to an integral part of Article 21 of the Constitution. Gandhi v. Union of India 1978, the SC gave a to Article 21 and held that the right to live is a physical right but includes within its ambit the live with human dignity. So, both rights are part of the judgment of Subramanian Swamy v. Union of apex court held that the reputation of an individual is element under Article 2 is correct: Article 12 of the on Human Rights, 1948 explicitly states importance of reputation and honour. Further, Article the International Covenant on Civil and Political the right to reputation

26. #106Practice set
    In which of the following cases, Supreme courl held for the first time that the "procedure established by law' under Article 21 would have the same effect as the expression 'due process of law'?
    • AManeka Gandhi v. Union of India (1978)
    • BKesavananda Bharti vs. State of Kerala case 1973
    • CIndra Sawhney vs Union of India case 1992
    • DWaman Rao v. Union of India case 1981
    Answer: (A) Maneka Gandhi v. Union of India (1978)
    Explanation

    Option a is the correct Maneka Gandhi case (1978), the Supreme Court took interpretation of Article right to life and personal liberty under Article 21 person shall be deprived of his life or personal according to procedure established by other words, courts were not allowed to question matter how arbitrary or oppressive-as right to life or personal liberty if the law had passed and by vesting in itself the power of substantive Article 21, the court transformed itself from a supervisor, to being a watchdog of the Supreme Court's judgement in the Maneka Gandhi meant that 'procedure established by law' 21 would have the same effect as the expression of a subsequent decision, the Supreme Court stated 21 would read as: 'No person shall be deprived life or personal liberty except according to fair, reasonable procedure established by valid also ruled that the expression 'Personal Liberty' in

27. #107Practice set
    Consider the following pairs:Judicial doctrine Meaning in Indian context 1. Doctrine It helps in examining of Pith and the true nature of a Substance legislation and deciding which list it belongs to. 2. Doctrine of Checks if there is a law Due process of to deprive the life and Law personal liberty of a person and also see if the law made is fair, just and not arbitrary. m J I 3. Doctrine of In case of inconsistency Severabilityto the Constitution, only the disputed provision of the statute will be void and not the whole of it 4. Doctrine of Any law that violates Eclipse fundamental rights is not null or void ab initio, but is only nonenforceable.How many pairs given above are correctly matched?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (D) All four
    Explanation

    Option d is the correct l is correctly matched: The Doctrine of Pith helps in examining the true nature of a deciding which list it belongs to, central or doctrine is employed in such cases to resolve between laws made by the Centre and Legislature. The doctrine was first acknowledged in Constitution and In India, it came to be the pre-independence period, under the Government Act, 2 is correctly matched: The Doctrine of Due process not only checks if there is a law to deprive the life liberty of a person but also see if the law made just and not 3 is correctly matched: According to the doctrine the whole law/act would not be held only the provisions which are not in consistency Fundamental rights. This doctrine is also known as of separability and protects the Fundamental the citizens. In A.K. Gopalan v. State of Madras (1950), used this 4 is correctly matched: The doctrine of eclipse a

28. #108Practice set
    With reference to the Public Account of India, consider the following statements: 1. There is no legislative control over the spending of funds from the Public Account. 2. National Small Savings Fund created in 1999 comes under Public Account of India.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 l is incorrect: Parliament frames the rules regards to recruitment of public servants the AH-India services and the Central Services. of public servants belonging to the - i.e., State Services is regulated by the rules framed by the Legislative Assembly of the 2 is incorrect: The Constitution empowers or the State Legislature to impose on the Fundamental Rights of public the interest of the integrity, efficiency, and the public servants. For example, the Central Rules put restrictions on the Right to Freedom and Expression of public servants as they are revealing classified matters to the public or writing against the policies of the government, etc

29. #109Practice set
    The Kihoto case was a landmark judgement by the Supreme Court of India. It deals with which of the issues?
    • AIt modified the Basic Structure Doctrine for the first time as a safeguard against the usurpation of the Constitution
    • BIt expanded the meaning of the 'right to life' under the Constitution of India
    • CIt ruled that right to privacy is a fundamental right and comes under Article 21 of the Indian constitution
    • DIt held that the Speaker while deciding a matter under the Tenth Schedule functions as a tribunal
    Answer: (D) It held that the Speaker while deciding a matter under the Tenth Schedule functions as a tribunal
    Explanation

    Option d is the correct a is incorrect: In Kesavananda Bharati v. State (1973) The 'basic structure' doctrine was the Supreme court as a safeguard against the the b is incorrect: Maneka Gandhi v. Union of the SC expanded the meaning of the 'right to the Constitution of c is incorrect: In Justice K.S. Puttaswamy vs. India (2017), the SC ruled that Fundamental Right is intrinsic to life and liberty and thus, comes 21 of the Indian dis correct: Any question regarding out of defection is to be decided by the of the House. Originally, the act provided that of the presiding officer is final and cannot in any court. However, in Kihoto the Supreme Court declared this provision on the ground that it seeks to take jurisdiction of the Supreme Court and the high held that the presiding officer, while deciding a the Tenth Schedule, function as a tribunal. Hence, like that of any other trlbunal, is su

30. #110Practice set
    Consider the following statements regarding 'Powers and functions of Central Information Commission': 1. It can order inquiry into any matter on reasonable grounds. 2. It can order to compensate the complainant for any loss. 3. It has the powers of a civil court in respect of matter of receiving evidence on affidavit.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. The Commission can order any matter if there are reasonable grounds 2 is correct. In appropriate cases the order the public authority to compensate It has the power to compensate the any loss or other detriment suffered by 3 is correct. While inquiring, the the powers of a civil court in respect of the (a) summoning and enforcing attendance of compelling them to give oral or written evidence and to produce documents or things; (b) discovery and inspection of documents; (c) on affidavit; ( d) requisitioning any from any court or office; (e) issuing summons of witnesses or documents; and (f) any which may be prescribed

31. #111Practice set
    Which of the following statements are provided to Children by the Indian Constitution? l. Right to free and compulsory elementary education. 2. Prohibition of Employment of Children in any harmless or innocent work 3. No child shall be compelled to attend any religious instructions in any educational institution which receives aid from the State. 4. Prohibition of child marriage.Select the correct option using the code given below
    • A1, 3 and 4 only
    • B1 and 3 only
    • C2, 3 and 4 only
    • D1, 2, 3 and 4
    Answer: (B) 1 and 3 only
    Explanation

    Option bis the correct l is correct: Article 21 A declares that the provide free and compulsory education to all the age of six to fourteen years in such a manner as may determine. Thus, this provision makes education a Fundamental Right and not professional 2 is incorrect: Article 24 of the constitution children the fundamental right against child prohibiting their employment, especially in below 14 years of age. But it does not employment in any harmless or innocent 3 is correct: Arlide 28, no shall be provided in any educational maintained out of State funds. However, this not apply to an educational institution the State but established under any endowment requiring imparting of religious instruction in Further, no person attending any recognised by the State or receiving aid State funds shall be required to attend any or worship in that institution without In case of a minor, the co

32. #112Practice set
    Consider the following statements regarding Non-Governmental Organisations (NGOs) in India: 1. To become eligible to get tax exemption from the government, an NGO must register itself as a legal entity. 2. Raising funds from outside India is a Fundamental Right of an NGO. 3. It is mandatory for an NGO registered under Foreign Contribution Regulation Act to spend minimum 2 of its foreign contributions for administrative purposes.How many of the above--given statements are incorrect?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct or Non-Governmental Organisations are entities independent of the government. Ex. NGO field of education. They operate on large scale to with their programmes and 1 is correct: A registered NGO can qualify assistance from government agencies and and international donor. Also, registration of is necessary to seek tax exemption from the department of the government. NGOs are as a society, trust or under Companies Act, 2 is incorrect: NGOs are funded by and companies. Some NGOs also receive foreign countries. These funds are regulated under Exchange Management Act, 1999. As per judgement no one has fundamental right to receive foreign donations. Also, the Court upheld FCRA 3 is incorrect: The FCRA Amendment prescribes to revise the ceiling limit of to from of the total foreign funds a particular year. In other words, a Foreign organization cannot spend more than FC u

33. #113Full-length test
    Consider the following statements about the Writs in India:L The origin of writs in India can be traced to the Pitts India Act 1784..2. Writs issued under Article 32 for the enforcement of fundamental rights is under the discretion of the court. 3. The Constitution of India does not provide for a time frame to file a writ under Article 32 or 226.How many of the above statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct I is incorrect: The origin of writs in India to the Regulating Act, 1773 under which was established at 2 is incorrect: Writ jurisdictions exercised by Court under article 32 and by the high courts 226, for the enforcement of fundamental rights and not discretionary. But the writ high courts for 'any other purpose' is 3 is correct: There is no our Constitution within which a Writ Petition be filed in the High Court (article 226) or Supreme 32). Important Tips I Writs - orders given by courts to uphold the 1 fundamental rights of people Origin in India - Regulating Act, 1773 Constitutional provisions - Article 32 and Article

34. #114Full-length test
    The term 'State' has to be understood in a wider sense with respect to the provisions contained i.n Chapter (Fundamental Rights) of the Indian Constitution. In this context, which among the following are included in the definition of State under Article 12 of the Constitution? 1. National Council of Educational Research and Training (NCERT) 2. National Human Rights Commission (NHRC) 3. Board of Cricket Control in India (BCCI) 4. Life Insurance Corporation of India (LIC)Choose the correct answer from the codes given below
    • A3 and 4 only
    • B2 and 4 only
    • C1, 2 and 4 only
    • D1, 2 and 3 only
    Answer: (B) 2 and 4 only
    Explanation

    Option b is the correct. 12 of the Constitution defines the term includes. legislative and executive organs of the the state governments. It also includes local bodies panchayats, district boards etc Option 1 is incorrect: In Chander Mohan Khanna and others (1991), the Supreme Court has held is not 'State' as defined under Article 12 of 2 is correct: National Human Rights a statutory body under the National Human Act, 1994. Its chairman and members by the President and gets funding from of India. Hence, it falls under the definition for the purpose of Article 12 of the 3 is incorrect: In Zee Telefilms Ltd vs. Union (2005), supreme Court has held that Board of in India (BCCI) is not 'State' within the Article 12. The Court observed that BCCI is not a statute, government holds no share capital, no is given by the 4 is correct: The Life Insurance India (UC) is a state-owned insurance Suprem

35. #115Full-length test
    In India, the Supreme Court is the final interpreter of the Indian Constitution. While interpreting, it is guided by a number of doctrines. In this context, consider the following pairs: 1. Doctrine of laws made by a State Severability Legislature are not applicable outside the state 2. Doctrine of Union and the state Harmonious legislatures should not Construction encroach upon each other's spheres. 3. Doctrine Laws inconsistent with of Pith and fundamental rights Substance would be invalid 4. Doctrine of Whatever legislature Colourable cannot do directly, it Legislation cannot do indirectly mlltHow many pairs given above are not correctly matched?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (C) Only three
    Explanation

    Option c is the correct I is incorrectly matched: According to the severability, if there is any offending part in the the only offending part is declared void and not statute. Whereas, Doctrine of Territorial Nexus laws made by a State Legislature are not the state, except when there is a sufficient the state and the 2 is incorrectly matched: The doctrine of states that a provision of the statute be interpreted or construed in isolation but as a whole, so as to remove any inconsistency or 3 is incorrectly matched: The Doctrine of Pith is usually applied where the question arises whether a particular law relates to a mentioned in Seventh Schedule, the court the substance of the matter. According. to this is examined to check its "true nature and character" in what list it 4 is correctly matched: The doctrine of is based upon the doctrine of power of power mandates to strike power of diff

36. #116Full-length test
    With reference to the various literature developed during ancient times, consider the following statements 1. Mattavilasa Prahasanam, written in Tamil language was composed by Mahendravarman -I. 2. Gathasapthashati is a book of poem written by a king of Satvahana dynasty. 3. Ratnavali is a drama which provides an account of Harsha's love affair with Ratnavali.How many of the above given statements are. incorrect?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct 1 is incorrect. Mattavilasa Prahasanam is play composed by Pallavaking 2 is correct. Gathasapthashati is a book of py Hala, the seventeenth king of Satvahana contains 700 verses in Prakrit language. This book is as 3 is incorrect. Ratnavali is a Sanskrit King named Udayana and princess named was written by Harsha himself. He also authored plays and Nagananda

37. #117Full-length test
    This book was written in 1071 A,D by Al- Birnni in Arabic. The buok gives account on religion, philosophy, i,odo economic and political life of ihe people. In each chapter a distinxtiwe style of writing has been used, and it has a question in the beginning. Which of the following books is described in the above passage?
    • ATabaqat-i Nasiri
    • BTaj-ul Ma'asir
    • CRihla
    • DKitab-ul-Hind
    Answer: (D) Kitab-ul-Hind
    Explanation

    Option d is the correct a is incorrect: Minhaj-us Siraj Juzjani's Nasiri, it is what Rosenthal categorises history. Minhaj dedicated it to Sultan It is written in tabaqat style. Tabaqa 'layer'; often used in the sense of defining order. Minhaj used it to explain personalities. The book is divided into twenty Each tabaqa is further divided into chapters and b is incorrect: Sadruddin Hasan Nizami's Ma'asir can be called first official history. It covers from the establishment of the Delhi Sultanate ( 1191

38. #118Full-length test
    'Stri Purush Tulana', considered the India's first modern feminist text, was written by
    • ARamabai Ranade
    • BSarojini Naidu
    • CTarabai Shin de
    • DMadam Bhikaji Cama
    Answer: (C) Tarabai Shin de
    Explanation

    Option c is the correct answer { Purush Tulana (A comparison between men is a pamphlet/book written by feminist Shinde. Shinde was a writer born in the of Buldhana (present day Maharashtra) against upper caste patriarchy and the caste India. She was a member of the Satyashodhak Samaj also an associate of Savitribai Phule and Jyotirao pamphlet was originally published in Marathi in literary work is a critique of upper caste the gender and caste system in 19th century India. is also considered the first modern feminist text Shinde questions the position of women in the their rights

39. #119Full-length test
    Which Article of the Constitution of India safeguards the right to choose one's own gender identity?
    • AArticle 19
    • BArticle 14
    • CArticle 21
    • DArticle 25
    Answer: (C) Article 21
    Explanation

    Option c is the correct National Legal Services Aµ.thority v Union of India 2014, Supreme Court held that the right to gender identity is integral to the right to a life and therefore falls within the scope of the right to the Indian Constitution (Article expressing one's identity i.e., how a person and express themselves in public purely falls 19 of Indian Constitution

More Polity topics