If you’re preparing for the UPSC Civil Services Examination (CSE), understanding the Indian Constitution’s Fundamental Rights is crucial. Articles 12 to 35 of the Indian Constitution lay down the essential freedoms and protections that every Indian citizen is entitled to, forming a core part of the syllabus for the UPSC Mains and Prelims exams. One of the most effective ways to master these articles is through practice – specifically, by solving multiple-choice questions (MCQs) that test both your knowledge and application of these fundamental rights.
In this blog post, we bring you 100 carefully curated MCQs along with their answers and detailed explanations focused on Articles 12 to 35. This comprehensive resource will not only help you assess your understanding of key concepts but also ensure you are well-prepared for the types of questions that may appear in the UPSC CSE exam. Whether you’re revising or looking to solidify your grasp on this critical section, these MCQs will guide you through all the important facets of Fundamental Rights, including their scope, limitations, and judicial interpretation.
MCQs and Answers on Fundamental Rights (Article 12-35)
1. Which of the following statements regarding the nature of Fundamental Rights is/are correct?
(a) Fundamental Rights are absolute and cannot be restricted under any circumstances.
(b) Fundamental Rights are justiciable, meaning an individual can directly approach the Supreme Court for their enforcement.
(c) Reasonable restrictions on Fundamental Rights can be imposed only by a constitutional amendment.
(d) The power to suspend Fundamental Rights rests solely with the President of India.
Answer: (b)
Explanation: Statement (b) is correct. Fundamental Rights are justiciable, meaning they are enforceable through the courts. Statement (a) is incorrect; Fundamental Rights are not absolute and are subject to reasonable restrictions. Statement (c) is incorrect; reasonable restrictions can be imposed by ordinary laws, though these laws must themselves be reasonable and not violate other constitutional provisions. Statement (d) is incorrect; while the President formally suspends Fundamental Rights during a National Emergency, this is done on the advice of the Cabinet. Furthermore, Articles 20 and 21 cannot be suspended even during a National Emergency.
2. Which of the following situations would NOT constitute a valid ground for imposing reasonable restrictions on Fundamental Rights?
(a) A law prohibiting hate speech that incites violence.
(b) A government directive restricting the movement of individuals suspected of being infected with a highly contagious disease.
(c) A judicial order preventing a newspaper from publishing information that could prejudice an ongoing trial.
(d) A policy that favors a particular religious group in government employment.
Answer: (d)
Explanation: Statements (a), (b), and (c) represent situations where restrictions on Fundamental Rights might be considered reasonable. Hate speech, public health concerns, and the integrity of the judicial process are all valid grounds for reasonable restrictions. Statement (d), however, clearly violates the principle of equality and secularism, which are part of the basic structure and thus cannot be overridden even under the guise of reasonable restrictions. It would not be considered a valid ground.
3. The concept of the ‘Basic Structure’ of the Indian Constitution, as it relates to Fundamental Rights, implies that:
(a) Parliament can amend any part of the Constitution, including Fundamental Rights, as long as it follows the prescribed procedure.
(b) Certain core features of the Constitution, including Fundamental Rights, cannot be altered even by a constitutional amendment.
(c) The judiciary has no role in determining the validity of constitutional amendments that affect Fundamental Rights.
(d) The President has the power to decide whether a constitutional amendment violates the Basic Structure.
Answer: (b)
Explanation: The ‘Basic Structure’ doctrine, evolved by the Supreme Court, limits the power of Parliament to amend the Constitution. It holds that certain fundamental features, including Fundamental Rights, form the basic structure and cannot be altered even through a constitutional amendment. This doctrine protects the essential principles of the Constitution.
4. During a National Emergency declared under Article 352 of the Constitution, which of the following is/are correct?
(a) All Fundamental Rights are automatically suspended.
(b) Articles 20 and 21, guaranteeing the right to life and personal liberty, cannot be suspended.
(c) The Supreme Court’s power to enforce Fundamental Rights is completely curtailed.
(d) The President can suspend the right to move any court for the enforcement of Fundamental Rights, except Articles 20 and 21.
Answer: (b) and (d)
Explanation: While a National Emergency allows for the suspension of most Fundamental Rights, Article 20 (protection in respect of conviction for offences) and Article 21 (right to life and personal liberty) cannot be suspended. The President, however, can issue an order suspending the right to move any court for the enforcement of other Fundamental Rights during the emergency (except Articles 20 and 21). The Supreme Court’s power to enforce fundamental rights is not completely curtailed, but its scope is narrowed during such a proclamation.
5. Which of the following best describes the relationship between Fundamental Rights and Directive Principles of State Policy (DPSPs)?
(a) Fundamental Rights are justiciable, while DPSPs are not.
(b) DPSPs are superior to Fundamental Rights and can override them.
(c) Fundamental Rights and DPSPs are mutually exclusive and have no bearing on each other.
(d) In case of conflict, Fundamental Rights generally prevail over DPSPs, but the courts try to harmonize them.
Answer: (a) and (d)
Explanation: Fundamental Rights are justiciable, meaning they are enforceable in a court of law. DPSPs, on the other hand, are not justiciable and serve as guidelines for state policy. While generally, Fundamental Rights prevail in case of conflict, the judiciary has often adopted a harmonious construction, trying to balance and implement both. DPSPs can inform the interpretation of Fundamental Rights and can be used to justify reasonable restrictions on them. They are not mutually exclusive and have an interactive relationship.
6. Which of the following bodies would NOT be considered “State” as defined under Article 12 of the Indian Constitution?
(a) A municipal corporation providing water and sanitation services.
(b) A government-owned company manufacturing fertilizers.
(c) A private hospital run by a charitable trust, primarily serving economically weaker sections.
(d) A public university established by an Act of Parliament.
Answer: (c)
Explanation: Article 12 defines the “State” broadly, including various governmental and quasi-governmental entities. Municipal corporations, government companies, and public universities all fall within this definition. However, a private hospital, even if charitable, would generally not be considered “State” unless its functioning is so deeply entwined with governmental control that it effectively acts as an instrumentality of the State. The mere fact that it serves weaker sections doesn’t bring it within the definition of “State” under Article 12.
7. The inclusion of “other authorities” within the definition of “State” under Article 12 has been interpreted by the judiciary to encompass:
(a) Only those entities specifically named in the Constitution.
(b) Exclusively governmental departments and agencies.
(c) Entities exercising governmental or public functions, regardless of their formal status.
(d) All private entities operating within the territory of India.
Answer: (c)
Explanation: The phrase “other authorities” is deliberately broad. The judiciary has interpreted it to include entities that, though not explicitly mentioned, exercise governmental or public functions. This functional test is crucial. It means that even private entities can be considered “State” for the purposes of Fundamental Rights if they are performing functions of a public nature.
8. Regarding the application of Fundamental Rights, the concept of “horizontal application” implies that:
(a) Fundamental Rights can only be enforced against the State.
(b) Fundamental Rights can, in certain circumstances, be enforced against private individuals or entities.
(c) The judiciary has no role in enforcing Fundamental Rights against non-state actors.
(d) Horizontal application is limited to cases involving violations of environmental rights.
Answer: (b)
Explanation: “Horizontal application” means that Fundamental Rights can, in some situations, be invoked against private individuals or entities, not just the State. This is a developing area of jurisprudence, and the courts are still evolving the extent to which Fundamental Rights can be applied horizontally. It typically arises where private actors are performing public functions or where their actions significantly impact the rights of others.
9. Which of the following factors is NOT generally considered relevant in determining whether a private entity is an “instrumentality of the State” for the purposes of Article 12?
(a) The extent of government control over the entity’s management and finances.
(b) The nature of the functions performed by the entity, particularly if they are public functions.
(c) The source of the entity’s funding, especially if it receives substantial government funding.
(d) The religious or social affiliation of the entity’s owners or members.
Answer: (d)
Explanation: While factors like government control, the nature of functions, and funding are all relevant in determining whether a private entity is an instrumentality of the State, the religious or social affiliation of the entity’s owners is generally not a determining factor. The focus is on the entity’s relationship with the government and its functional character, not the personal beliefs of its stakeholders.
10. The exclusion of the judiciary from the explicit definition of “State” under Article 12 implies that:
(a) The judiciary is completely outside the purview of Fundamental Rights.
(b) The judiciary cannot be held accountable for violating Fundamental Rights.
(c) The judiciary’s own actions can, in certain circumstances, be subject to scrutiny under Fundamental Rights principles, even if not explicitly defined as “State.”
(d) The judiciary is exempt from all constitutional obligations.
Answer: (c)
Explanation: While the judiciary is not explicitly named as “State,” this doesn’t mean it operates in a vacuum. The principles underlying Fundamental Rights, like fairness and due process, apply to judicial proceedings. The judiciary is expected to uphold Fundamental Rights, and its actions can be scrutinized to ensure they are consistent with these principles, even if the judiciary isn’t formally “State” for all purposes under Article 12. For instance, judicial orders can be challenged if they violate fundamental rights.
11. Which of the following statements correctly describes the “Doctrine of Severability” under Article 13?
(a) If a law is found to violate any Fundamental Right, the entire law is declared unconstitutional.
(b) If a provision of a law violates a Fundamental Right, only that specific provision is struck down, while the rest of the law remains valid, provided it is severable.
(c) The Doctrine of Severability applies only to pre-constitutional laws.
(d) The Doctrine of Severability allows the legislature to amend the offending part of a law without re-enacting the entire statute.
Answer: (b)
Explanation: The Doctrine of Severability allows the courts to strike down only the offending part of a law that violates Fundamental Rights, leaving the rest of the law intact if it is severable. This principle aims to uphold as much of the legislation as possible while protecting fundamental rights.
12. The “Doctrine of Eclipse” under Article 13 signifies that:
(a) A law that is inconsistent with a Fundamental Right is considered void from its inception (ab initio).
(b) A pre-constitutional law that is inconsistent with a Fundamental Right becomes void upon the commencement of the Constitution.
(c) A post-constitutional law that is inconsistent with a Fundamental Right is immediately void.
(d) A law that is inconsistent with a Fundamental Right is not void ab initio but is merely unenforceable as long as the inconsistency exists.
Answer: (d)
Explanation: The Doctrine of Eclipse states that a law inconsistent with Fundamental Rights is not void from the beginning. Instead, it is “eclipsed” or rendered unenforceable to the extent of the inconsistency. If the Fundamental Right is amended or the law is otherwise brought into conformity, the law can become operative again. This applies to pre-constitutional laws.
13. With respect to pre-constitutional laws and their compatibility with Fundamental Rights, Article 13 states that such laws:
(a) Are automatically void if they are inconsistent with Fundamental Rights.
(b) Remain valid even if they are inconsistent with Fundamental Rights, as they were enacted before the Constitution came into force.
(c) Are subject to review by the Supreme Court, but only if they are challenged within a specific timeframe.
(d) Are deemed to be valid unless Parliament specifically repeals them.
Answer: (a)
Explanation: Article 13(1) clearly states that all pre-constitutional laws, insofar as they are inconsistent with the Fundamental Rights, shall be void. This means that these laws are not merely eclipsed but become void to the extent of the inconsistency from the date the Constitution came into force.
14. Which of the following statements regarding post-constitutional laws and Fundamental Rights is correct?
(a) A post-constitutional law that violates a Fundamental Right is void ab initio.
(b) A post-constitutional law can be amended to remove the inconsistency with Fundamental Rights without being declared void.
(c) The Supreme Court has the power to declare a post-constitutional law unconstitutional if it violates Fundamental Rights.
(d) Both (a) and (c) are correct.
Answer: (d)
Explanation: Post-constitutional laws that violate Fundamental Rights are indeed void ab initio (from the very beginning). The Supreme Court has the power of judicial review to strike down such laws. While amendments can be made to bring the law in line with Fundamental Rights, the law is considered void from its inception until the amendment is enacted.
15. The power of judicial review under Article 13 implies that:
(a) The judiciary can only review legislative actions, not executive actions.
(b) The judiciary can review both pre-constitutional and post-constitutional laws for their compatibility with Fundamental Rights.
(c) The power of judicial review is limited to cases where a law clearly and unambiguously violates a Fundamental Right.
(d) The judiciary can only review laws passed by the Parliament, not those passed by state legislatures.
Answer: (b)
Explanation: Article 13 grants the judiciary the power to review both pre-constitutional and post-constitutional laws. This power extends to both central and state laws. The judiciary can examine the validity of these laws against the touchstone of Fundamental Rights and declare them void if they are found to be inconsistent. The power of judicial review is a crucial safeguard for Fundamental Rights.
16. Which of the following best describes the core principle enshrined in Article 14 of the Indian Constitution?
(a) Absolute equality among all individuals in all circumstances.
(b) Equality of opportunity in employment and education only.
(c) Equality before the law and equal protection of the laws, allowing for reasonable classification.
(d) Equality of outcome, ensuring that all individuals achieve the same social and economic status.
Answer: (c)
Explanation: Article 14 guarantees equality before the law and equal protection of the laws. It does not mandate absolute equality or equality of outcome. Crucially, it permits reasonable classification, meaning that the State can differentiate between groups of people if there is a valid reason and a clear connection between the classification and the objective being pursued.
17. The “intelligible differentia” test under Article 14 implies that:
(a) The classification must be based on easily understandable criteria.
(b) The classification must be based on some real and substantial distinction between the groups classified.
(c) The classification must be acceptable to a majority of the population.
(d) The classification must be explicitly mentioned in the Constitution.
Answer: (b)
Explanation: The “intelligible differentia” is the basis for the classification. It must be real and substantial, not artificial or arbitrary. There must be a discernible difference between those included in the classification and those excluded.
18. The “rational nexus” test in relation to Article 14 signifies that:
(a) The classification must be rationally justified and not based on prejudice.
(b) There must be a reasonable connection between the classification and the objective sought to be achieved by the law.
(c) The means chosen to achieve the objective must be the most effective and efficient.
(d) The objective of the law must be explicitly stated in the legislation.
Answer: (b)
Explanation: The “rational nexus” requires a link between the classification and the objective of the law. The classification must have a logical and reasonable connection to the purpose the legislation intends to accomplish. It cannot be arbitrary or based on irrelevant considerations.
19. Which of the following situations would NOT likely be considered a valid “reasonable classification” under Article 14?
(a) A law providing preferential treatment in employment to persons with disabilities.
(b) A tax law imposing a higher rate of tax on individuals with higher incomes.
(c) A law reserving seats in educational institutions for socially and educationally backward classes.
(d) A law prohibiting individuals from a particular religious minority from owning property in a specific area.
Answer: (d)
Explanation: While Articles 14 allows for reasonable classification, it prohibits arbitrary discrimination. A law that prohibits individuals of a specific religious minority from owning property in a specific area is likely to be considered discriminatory and would not pass the test of reasonable classification. The other examples (reservations, tax slabs based on income, and preferences for persons with disabilities) are generally considered valid classifications.
20. The concept of “positive discrimination” as it relates to Article 14 means:
(a) Discriminating against certain groups to achieve a more balanced society.
(b) Providing preferential treatment to historically disadvantaged groups to promote equality.
(c) Enacting laws that benefit the majority population, even if it disadvantages minorities.
(d) Classifying individuals based on their social status and providing benefits accordingly.
Answer: (b)
Explanation: “Positive discrimination,” also known as affirmative action, refers to policies designed to uplift historically disadvantaged groups. Reservations for SC/ST/OBC and other similar provisions are examples of positive discrimination. The aim is to promote substantive equality by addressing historical and systemic inequalities.
21. Which of the following scenarios would NOT be considered a violation of Article 15?
(a) A state-run university reserving a certain percentage of seats for students from socially and educationally backward classes.
(b) A private school refusing admission to a student based on their religion.
(c) A restaurant denying entry to a person wearing traditional attire associated with a particular religious group.
(d) A women’s college refusing admission to male applicants.
Answer: (d)
Explanation: Article 15 prohibits discrimination by the State on grounds of religion, race, caste, sex, or place of birth. However, it does allow the State to make special provisions for women and children. Therefore, a women’s college refusing admission to men would not be a violation of Article 15, as it is a special provision based on sex. The other scenarios (discrimination in a private school or restaurant) would likely be considered violations of Article 15, as it applies to access to public places and, in some interpretations, even private entities providing services to the public. Reservations in state-run universities are specifically permitted by Article 15(4).
22. The exceptions provided under Article 15 allow the State to make special provisions for:
(a) Only women and children.
(b) Women, children, and economically weaker sections.
(c) Women, children, and socially and educationally backward classes.
(d) Any group that the State deems deserving of special treatment.
Answer: (c)
Explanation: Article 15 specifically mentions women, children, and socially and educationally backward classes as groups for whom the State can make special provisions. While economic criteria might be relevant for other reservations or welfare schemes, Article 15 itself focuses on the specified categories.
23. Article 15 primarily aims to prevent discrimination:
(a) By private individuals against other private individuals.
(b) By the State against individuals.
(c) In all spheres of life, including personal relationships.
(d) Only in matters of employment.
Answer: (b)
Explanation: Article 15 primarily addresses discrimination by the State. It restricts the State from discriminating against individuals on the specified grounds. While the concept of horizontal application is evolving, where fundamental rights might be invoked against private entities in certain circumstances, the core focus of Article 15 is on State action.
24. Which of the following would be the most likely justification for a State policy that appears to differentiate between groups of people?
(a) Promoting social justice and equality for historically disadvantaged communities.
(b) Favoring a particular religious group to maintain social harmony.
(c) Rewarding individuals based on their political affiliations.
(d) Discriminating against individuals based on their place of birth to protect local resources.
Answer: (a)
Explanation: Policies aimed at promoting social justice and equality for historically disadvantaged communities (e.g., reservations for SC/ST/OBC) are generally considered valid exceptions under Article 15. The other options involve discrimination based on religion or place of birth, which are specifically prohibited by Article 15.
25. The scope of Article 15 extends to:
(a) Only access to public places like shops and restaurants.
(b) All forms of State action, including legislation, executive orders, and administrative decisions.
(c) Only educational institutions run by the State.
(d) Only employment in government services.
Answer: (b)
Explanation: Article 15 has a broad scope and covers all forms of State action. This includes not just access to public places but also legislation, executive orders, administrative decisions, and other actions by the State. It aims to prevent discrimination in all manifestations of State power.
26. Which of the following best reflects the scope of Article 16 of the Indian Constitution?
(a) It guarantees equality of opportunity in all employment, including the private sector.
(b) It guarantees equality of opportunity only in employment under the Central Government.
(c) It guarantees equality of opportunity in matters of public employment under the State and Central Governments, with certain permissible exceptions.
(d) It guarantees absolute equality in all aspects of public employment, with no scope for reservations or exceptions.
Answer: (c)
Explanation: Article 16 focuses specifically on public employment, meaning employment under the State and Central Governments. It guarantees equality of opportunity but allows for certain exceptions, including reservations for backward classes and residence requirements for specific jobs. It does not extend to private sector employment.
27. The concept of “creamy layer” in the context of reservations under Article 16 refers to:
(a) The most economically disadvantaged members of the Other Backward Classes (OBCs).
(b) The more advanced and affluent members of the OBCs who are not eligible for reservations.
(c) OBCs who have already benefited from reservations and are now considered economically and socially advanced.
(d) OBCs who have secured government jobs through open competition and are no longer considered part of the reserved category.
Answer: (b)
Explanation: The “creamy layer” refers to the relatively affluent and advanced members within the OBCs. The principle is that these individuals, having achieved a certain level of economic and social standing, should not be eligible for reservations, as the purpose of reservations is to uplift the truly backward sections.
28. Which of the following would NOT be a valid ground for a State to make a special provision regarding public employment under Article 16?
(a) Reserving a certain percentage of jobs for persons with disabilities.
(b) Prescribing residence as a qualification for certain government jobs within the State.
(c) Reserving jobs for a particular religious minority to ensure their representation in public service.
(d) Providing preferential treatment to ex-servicemen in recruitment to certain posts.
Answer: (c)
Explanation: While Article 16 allows for reservations for backward classes and certain other exceptions, it specifically prohibits discrimination on grounds of religion. Therefore, reserving jobs for a particular religious minority would be a violation of Article 16. The other options (reservations for persons with disabilities, residence requirements, and preferences for ex-servicemen) are generally considered permissible under Article 16 or other constitutional provisions.
29. The power of the State to make reservations in public employment under Article 16(4) is subject to which of the following limitations?
(a) Reservations can be made for any group that the State considers to be backward.
(b) Reservations can be made to exceed 50% of the total vacancies in a given year.
(c) Reservations must be based on a reasonable assessment of the backwardness of the class and should not result in excessive or unreasonable preference.
(d) Reservations can be made for any length of time, even indefinitely.
Answer: (c)
Explanation: While Article 16(4) allows for reservations, the Supreme Court has emphasized that these reservations must be based on a reasonable assessment of backwardness. The concept of “reasonable” is vital. The total reservations generally cannot exceed 50% (though there can be some exceptional circumstances), and they cannot be indefinite. The aim is to balance social justice with the principle of equality of opportunity for all.
30. Article 16 primarily aims to ensure:
(a) Absolute equality of outcome in public employment.
(b) Equality of opportunity in matters of public employment.
(c) Equal pay for equal work in both the public and private sectors.
(d) Guaranteed employment for all citizens.
Answer: (b)
Explanation: Article 16 focuses on equality of opportunity in public employment. It does not guarantee absolute equality of outcome (because factors like merit and qualifications will always play a role) or guaranteed employment for all. It aims to level the playing field and ensure that all eligible individuals have a fair chance to compete for government jobs.
31. Which of the following statements most accurately reflects the scope of Article 17?
(a) It abolishes all forms of discrimination, including those based on religion, race, caste, sex, or place of birth.
(b) It abolishes untouchability and makes its practice a punishable offense.
(c) It abolishes caste-based discrimination in access to public places only.
(d) It abolishes untouchability as practiced by the State but not by private individuals.
Answer: (b)
Explanation: Article 17 specifically addresses the abolition of “untouchability.” While it is related to caste-based discrimination, it does not cover all forms of discrimination mentioned in other articles (like Article 15). It focuses solely on the historical practice of untouchability and its manifestations.
32. The Protection of Civil Rights Act, 1955, enacted to enforce Article 17, primarily aims to:
(a) Provide reservations in educational institutions and public employment for Scheduled Castes and Scheduled Tribes.
(b) Prevent and punish offenses related to the practice of untouchability.
(c) Promote social and economic equality among all castes.
(d) Abolish the caste system altogether.
Answer: (b)
Explanation: The Protection of Civil Rights Act, 1955 (formerly known as the Untouchability Offences Act), is the primary legislation for enforcing Article 17. Its main objective is to prevent and punish acts that constitute the practice of untouchability.
33. The term “untouchability” as used in Article 17 has been interpreted by the courts to include:
(a) Only the most extreme forms of physical segregation and exclusion.
(b) All forms of caste-based discrimination, including social, economic, and political disabilities.
(c) Discrimination based on economic status, regardless of caste.
(d) Discrimination practiced by the State but not by private individuals.
Answer: (b)
Explanation: The courts have adopted a broad interpretation of “untouchability,” recognizing that it encompasses more than just physical exclusion. It includes various forms of caste-based discrimination that create social, economic, and political disadvantages for certain groups.
34. Which of the following scenarios would likely fall under the purview of Article 17 and the Protection of Civil Rights Act?
(a) A private club refusing membership to a person based on their caste.
(b) A landlord refusing to rent a house to a person belonging to a particular caste.
(c) A teacher making derogatory remarks about a student’s caste in the classroom.
(d) All of the above.
Answer: (d)
Explanation: All the scenarios mentioned would likely be considered offenses under Article 17 and the PCR Act. These acts represent different forms of caste-based discrimination and exclusion, which Article 17 aims to abolish.
35. The significance of Article 17 lies primarily in its focus on:
(a) Promoting social harmony and national integration.
(b) Protecting the fundamental rights of all citizens, regardless of caste.
(c) Addressing a specific historical form of discrimination deeply rooted in Indian society.
(d) Ensuring equality of opportunity in employment and education.
Answer: (c)
Explanation: While Article 17 contributes to social harmony and protects fundamental rights, its primary significance lies in its specific focus on addressing the historical practice of untouchability. It recognizes the unique nature of this form of discrimination and seeks to eradicate it from Indian society.
36. Which of the following best describes the intent of Article 18 of the Indian Constitution?
(a) To abolish all forms of recognition and awards conferred by the State.
(b) To abolish hereditary titles and prevent the creation of new titles that create social hierarchies.
(c) To abolish all titles, including military and academic distinctions, to ensure absolute equality.
(d) To regulate the conferment of titles by the President of India.
Answer: (b)
Explanation: Article 18 primarily aims to abolish hereditary titles and prevent the State from creating new titles that would perpetuate social hierarchies. It seeks to promote social equality by eliminating distinctions based on birth or lineage. While it does abolish most titles, it specifically exempts military and academic distinctions.
37. Which of the following distinctions is NOT considered a “title” under Article 18 and is therefore permissible?
(a) “Raja Bahadur” conferred by a former princely state.
(b) “Padma Vibhushan” awarded by the President of India.
(c) “General” awarded as a military rank.
(d) “Doctor of Philosophy” (Ph.D.) awarded by a university.
Answer: (b), (c), and (d)
Explanation: Article 18 specifically exempts military and academic distinctions. “General” is a military rank, and “Doctor of Philosophy” is an academic degree. Awards like the Padma Vibhushan, Bharat Ratna, etc., are also not considered “titles” in the constitutional sense, as clarified by the Supreme Court; they are recognitions of merit and contribution. “Raja Bahadur,” however, is a hereditary title and is therefore prohibited by Article 18.
38. An Indian citizen accepting a title from a foreign state without the consent of the President of India would be in violation of:
(a) Article 14 (Equality before the law).
(b) Article 18 (Abolition of Titles).
(c) Article 19 (Freedom of Speech and Expression).
(d) Article 21 (Right to life and personal liberty).
Answer: (b)
Explanation: Article 18 explicitly prohibits Indian citizens from accepting titles from foreign states without the President’s consent. This provision is designed to prevent foreign influence and maintain the principle of equality.
39. Which of the following scenarios would be considered a violation of Article 18?
(a) A university conferring an honorary doctorate degree on a distinguished scientist.
(b) The President of India awarding the Bharat Ratna to a renowned musician.
(c) A person continuing to use a hereditary title inherited from their ancestors.
(d) The government conferring a national award for bravery.
Answer: (c)
Explanation: Continuing to use a hereditary title is a direct violation of Article 18, which abolishes such titles. The other scenarios (honorary doctorates, national awards like Bharat Ratna, and bravery awards) are not considered “titles” in the context of Article 18 and are permissible.
40. The primary objective of abolishing titles under Article 18 is to:
(a) Prevent the creation of a class-based society.
(b) Promote social and economic equality.
(c) Ensure equality of opportunity in public employment.
(d) Protect the dignity of the nation.
Answer: (b)
Explanation: While abolishing titles contributes to all the options to varying degrees, the primary objective is to promote social equality by removing artificial distinctions based on birth or lineage. It aims to create a more egalitarian society where status is not determined by hereditary titles.
41. Which of the following is NOT explicitly mentioned as a ground for reasonable restrictions on the freedom of speech and expression under Article 19(2)?
(a) The sovereignty and integrity of India
(b) Friendly relations with foreign States
(c) Contempt of court
(d) Defamation
(e) Protection of cultural heritage
Answer: (e)
Explanation: While the protection of cultural heritage might be a valid concern and could potentially be a ground for restricting other fundamental rights, it is not explicitly mentioned in Article 19(2) as a ground for restricting freedom of speech and expression. The grounds mentioned in 19(2) are specific and enumerated.
42. The Supreme Court’s interpretation of Article 19 regarding the right to internet access implies that:
(a) The State is obligated to provide free and unlimited internet access to all citizens.
(b) Restrictions on internet access must be reasonable and proportionate to the objective sought to be achieved.
(c) Private internet service providers are exempt from any restrictions on freedom of speech and expression.
(d) The right to internet access is absolute and cannot be restricted under any circumstances.
Answer: (b)
Explanation: The Supreme Court has recognized the right to internet access as a fundamental right flowing from the freedom of speech and expression. However, this right is not absolute. The State can impose reasonable restrictions, but these restrictions must be justified, proportionate, and not overly broad, following the same principles applied to other restrictions on free speech.
43. Which of the following scenarios would likely be considered a reasonable restriction on the freedom of assembly under Article 19?
(a) A complete ban on all public gatherings in the country.
(b) A restriction on a political rally in a sensitive area near a military installation.
(c) A prohibition on peaceful protests against government policies.
(d) A ban on all assemblies after 10 PM.
Answer: (b)
Explanation: While freedom of assembly is a fundamental right, it is subject to reasonable restrictions. Restricting a rally near a sensitive area like a military installation could be considered a reasonable restriction in the interest of national security. A complete ban on all gatherings, a prohibition on peaceful protest, and a blanket ban on assemblies after a certain time are unlikely to be considered reasonable and proportionate.
44. Article 19 applies primarily to:
(a) Actions of private individuals against other private individuals.
(b) Actions of the State against individuals.
(c) Both actions of the State and private individuals.
(d) Only commercial speech, not political speech.
Answer: (b)
Explanation: Article 19, like most fundamental rights, primarily applies to the State. It restricts the State from unduly infringing upon the freedoms guaranteed under this article. While the concept of horizontal application is evolving, where fundamental rights are sometimes invoked against private actors, the traditional and primary focus of Article 19 is on State action.
45. Which of the following freedoms guaranteed under Article 19 is subject to the widest range of reasonable restrictions?
(a) Freedom of speech and expression
(b) Freedom of assembly
(c) Freedom of association
(d) Freedom of movement
(e) Freedom of profession
Answer: (a)
Explanation: The freedom of speech and expression, while crucial, is subject to the widest range of reasonable restrictions as specified in Article 19(2). These restrictions cover various concerns, including national security, public order, defamation, contempt of court, and more. While other freedoms under Article 19 are also subject to restrictions, the grounds for restricting speech and expression are the most numerous and broad.
46. Which of the following scenarios would NOT violate the principle against ex post facto laws as enshrined in Article 20(1)?
(a) A person is convicted for an act that was not a crime at the time it was committed.
(b) A person is given a harsher punishment for a crime than the punishment that was prescribed at the time of the offense.
(c) A person is tried for an offense under a procedure that was enacted after the offense was committed, but the procedure is more lenient than the one in force at the time.
(d) A person is acquitted of a crime based on evidence that was not admissible in court at the time of the alleged offense.
Answer: (c)
Explanation: Article 20(1) prohibits ex post facto laws, meaning laws that criminalize an act retrospectively or prescribe a greater punishment for an offense than what existed at the time of its commission. However, it does not prohibit changes in procedure that are applied retrospectively, as long as the change doesn’t disadvantage the accused. A more lenient procedure applied retrospectively would not violate Article 20(1).
47. The principle of “double jeopardy” under Article 20(2) prevents:
(a) Multiple trials for the same offense, even if new evidence emerges.
(b) Prosecution and punishment for the same offense more than once.
(c) Being tried for the same act in different courts.
(d) Being punished twice for the same act, even if the punishments are different.
Answer: (b)
Explanation: Double jeopardy specifically prohibits a person from being prosecuted and punished for the same offense more than once. It doesn’t prevent multiple trials if new evidence emerges (though other principles might apply), nor does it prevent trials for the same act in different courts if the offenses are distinct. The core principle is against double punishment for the same offense.
48. The protection against self-incrimination under Article 20(3) extends to:
(a) Compelling a person to testify against themselves in court.
(b) Forcing a person to provide physical evidence that might incriminate them.
(c) Requiring a person to produce documents that are relevant to a criminal investigation.
(d) All of the above.
Answer: (a)
Explanation: Article 20(3) specifically protects against being compelled to be a witness against oneself. The scope of this protection has been debated and interpreted by the courts. While it clearly covers compelling oral testimony, it doesn’t generally extend to physical evidence (fingerprints, blood samples, etc.) or the production of documents, as these are not considered “testimony.”
49. Which of the following is NOT a characteristic of the principles of natural justice, which are implicitly part of Article 20?
(a) The right to a fair hearing.
(b) The rule against bias.
(c) The right to legal representation at state expense.
(d) The right to know the grounds of the decision.
Answer: (c)
Explanation: While the right to legal representation is important, it is not an explicit part of the principles of natural justice. Natural justice focuses on fairness in the decision-making process, including a fair hearing, absence of bias, and communication of the reasons for the decision. Legal aid is a separate right, not intrinsically linked to natural justice.
50. Article 20 primarily applies to:
(a) Actions of private individuals against other private individuals.
(b) Actions of the State in criminal proceedings.
(c) Both actions of the State and private individuals.
(d) Only civil proceedings, not criminal proceedings.
Answer: (b)
Explanation: Article 20 is specifically concerned with protecting individuals against certain actions by the State in criminal proceedings. It does not apply to private disputes or civil matters. It is a safeguard against the State’s power to prosecute and punish individuals.
51. Which of the following rights has the Supreme Court NOT explicitly recognized as being protected under Article 21?
(a) Right to clean environment
(b) Right to livelihood
(c) Right to information
(d) Right to shelter
Answer: (c)
Explanation: While the right to information is a fundamental right under Article 19(1)(a) (freedom of speech and expression), the Supreme Court has not explicitly included it as a part of Article 21. Article 21 has been expansively interpreted to include various rights related to life and personal liberty, such as the right to a clean environment, livelihood, and shelter.
52. The concept of “due process of law” as interpreted by the Supreme Court in relation to Article 21 means:
(a) The procedure established by law must be strictly followed, regardless of its fairness or reasonableness.
(b) The law prescribing the procedure must be fair, just, and reasonable, and not arbitrary.
(c) Any law passed by Parliament is valid as long as it follows the prescribed legislative process.
(d) The courts have no power to review the fairness or reasonableness of the procedure established by law.
Answer: (b)
Explanation: Initially, the Supreme Court adopted a narrow interpretation of “procedure established by law” in Article 21. However, it later shifted to a broader understanding, incorporating the concept of “due process.” This means that not only must the procedure be legally valid, but it must also be fair, just, and reasonable. The courts can examine the law itself to ensure it meets these standards.
53. Regarding the “right to die,” the Supreme Court has held that:
(a) Euthanasia is a fundamental right under Article 21.
(b) The right to die with dignity is a part of Article 21, but active euthanasia is not permissible.
(c) There is no right to die under any circumstances.
(d) The right to die is subject to the discretion of the State.
Answer: (b)
Explanation: The Supreme Court has recognized the “right to die with dignity” as a part of Article 21. However, it has clarified that this does not include active euthanasia (intentionally ending one’s life). Passive euthanasia (withdrawing medical treatment) under strict conditions is permissible, but active euthanasia is not.
54. The right to privacy, recognized as a fundamental right under Article 21, protects individuals from:
(a) Intrusion by private individuals into their personal lives.
(b) Unreasonable intrusion by the State into their personal lives.
(c) Both intrusion by the State and private individuals.
(d) Only intrusion into their homes, not their personal data.
Answer: (b)
Explanation: While the right to privacy is a fundamental right, its primary focus, in the context of Article 21, is on protecting individuals from unreasonable intrusion by the State. The extent to which it applies to private individuals is a developing area of jurisprudence and is often addressed through other legal frameworks.
55. Article 21 primarily safeguards:
(a) The right to freedom of speech and expression.
(b) The right to equality before the law.
(c) The right to life and personal liberty.
(d) The right to freedom of religion.
Answer: (c)
Explanation: Article 21 is the cornerstone of several fundamental rights jurisprudence. It guarantees the right to life and personal liberty. It is a broad and encompassing right that has been interpreted to include various other rights necessary for a meaningful life.
56. Which of the following statements accurately reflects the scope of Article 22?
(a) It provides absolute protection against all arrests and detentions.
(b) It distinguishes between punitive detention (for an offense) and preventive detention (without an offense) and provides safeguards for both.
(c) It applies to both State actions and actions by private individuals.
(d) It guarantees the right to bail in all cases.
Answer: (b)
Explanation: Article 22 specifically addresses both punitive and preventive detention. It provides safeguards against arbitrary arrest and detention in both situations. It does not offer absolute protection against arrest and detention, as preventive detention is permissible under certain circumstances. It also applies only to State actions, not those of private individuals. The right to bail is not guaranteed in all cases.
57. Which of the following is NOT a safeguard provided under Article 22 for persons under preventive detention?
(a) Being informed of the grounds of detention.
(b) Being produced before a magistrate within 24 hours of arrest (unless prevented by circumstances).
(c) Being afforded the right to consult and be defended by a legal practitioner of their choice.
(d) Having their case reviewed by a judicial tribunal within three months.
Answer: (d)
Explanation: While Article 22 provides for an Advisory Board to review cases of preventive detention, it does not explicitly mandate a judicial tribunal. The Advisory Board can consist of judges or other qualified persons. Also, the period for review is not fixed at three months; the Constitution empowers Parliament to prescribe the period. The other options are indeed safeguards under Article 22 for preventive detention.
58. The purpose of the Advisory Board in cases of preventive detention is to:
(a) Determine the guilt or innocence of the detainee.
(b) Review the grounds of detention and decide whether the detention is justified.
(c) Provide legal representation to the detainee.
(d) Ensure that the detainee is treated humanely.
Answer: (b)
Explanation: The Advisory Board’s role is to assess the justification for preventive detention. It examines the information provided by the detaining authority and determines whether there are sufficient grounds to continue the detention. It does not determine guilt or innocence (that’s for a court in a regular criminal trial).
59. The right to consult and be defended by a legal practitioner under Article 22 applies to:
(a) All persons arrested or detained, regardless of the reason.
(b) Only persons arrested for a criminal offense.
(c) Only persons detained under preventive detention.
(d) Only citizens of India, not foreign nationals.
Answer: (a)
Explanation: Article 22 grants the right to legal counsel to all persons who are arrested or detained, irrespective of whether it is for a criminal offense or under preventive detention. This is a fundamental right aimed at ensuring that individuals have access to legal advice and representation from the moment they are deprived of their liberty.
60. Article 22 primarily aims to protect individuals against:
(a) Discrimination in employment.
(b) Arbitrary arrest and detention by the State.
(c) Violation of their freedom of speech and expression.
(d) Denial of access to education.
Answer: (b)
Explanation: Article 22’s central purpose is to safeguard individuals from arbitrary arrest and detention, primarily by the State. It sets limits on the State’s power to deprive individuals of their personal liberty and provides procedural safeguards to prevent abuse of this power.
61. Which of the following activities would NOT be considered a violation of Article 23?
(a) Employing children below the legal age in a factory.
(b) Compelling individuals to work without wages to repay a debt.
(c) Recruiting individuals for armed forces, even if it involves hardship.
(d) Trafficking women for the purpose of sexual exploitation.
Answer: (c)
Explanation: Article 23 prohibits human trafficking and forced labor. While recruitment for armed forces can be demanding, it is not typically considered “forced labor” in the context of Article 23, as it is a recognized public service and is usually governed by specific laws and regulations. The other options – child labor, bonded labor (working to repay debt), and trafficking for sexual exploitation – clearly fall under the prohibitions of Article 23.
62. The exception allowing for “compulsory service for public purposes” under Article 23 implies that:
(a) The State can force individuals to work in any capacity it deems necessary.
(b) The State can conscript citizens for military service or other essential public services.
(c) Private individuals can compel others to work for them for public purposes.
(d) The State can force individuals to perform unpaid labor for community projects.
Answer: (b)
Explanation: The “compulsory service” exception is narrowly construed. It primarily refers to conscription for military service or other essential public services during times of emergency or national need. It does not give the State carte blanche to force individuals into any kind of labor. It also does not extend this power to private individuals.
63. Article 23 primarily aims to protect individuals against:
(a) Discrimination based on caste, religion, or gender.
(b) Exploitation through human trafficking and forced labor.
(c) Violation of their freedom of speech and expression.
(d) Denial of access to education.
Answer: (b)
Explanation: Article 23’s core objective is to protect individuals from exploitation, specifically through human trafficking and forced labor. It addresses a particular form of social injustice and aims to prevent the commodification of human beings and the coercion of labor.
64. Which of the following best describes the scope of “human trafficking” as interpreted under Article 23?
(a) Only the transportation of individuals across international borders for exploitative purposes.
(b) All forms of exploitation of individuals, including forced labor, sexual exploitation, and organ trafficking.
(c) Only the buying and selling of human beings.
(d) Only the exploitation of women and children.
Answer: (b)
Explanation: “Human trafficking” under Article 23 has a broad interpretation. It encompasses various forms of exploitation, not just cross-border movement or the buying and selling of people. It includes forced labor, sexual exploitation, organ trafficking, and other similar practices that violate human dignity.
65. The social reform objective of Article 23 signifies that it aims to:
(a) Punish individuals involved in human trafficking and forced labor.
(b) Address the root causes of exploitation and create a more just and equitable society.
(c) Regulate the employment of labor in the organized sector.
(d) Provide compensation to victims of human trafficking and forced labor.
Answer: (b)
Explanation: While Article 23 involves legal prohibitions and punishments, its broader aim is social reform. It seeks to address the underlying social and economic factors that contribute to exploitation, such as poverty, inequality, and lack of opportunities. It aspires to create a society where such exploitation is eradicated.
66. Article 24 of the Indian Constitution prohibits the employment of children below the age of 14:
(a) In any kind of employment, including family businesses.
(b) Only in factories and mines.
(c) In any hazardous occupation or employment.
(d) Only in employment directly under the State.
Answer: (c)
Explanation: Article 24 specifically prohibits the employment of children below 14 years of age in any hazardous occupation or employment. It does not impose a blanket ban on all forms of child labor. While other laws might regulate or prohibit child labor in non-hazardous settings, Article 24’s focus is on preventing children from working in dangerous conditions.
67. Which of the following activities would NOT automatically be considered a violation of Article 24?
(a) A 12-year-old child working in a firecracker factory.
(b) A 10-year-old child assisting their family in a small agricultural field.
(c) A 13-year-old child working as a domestic helper in a private home.
(d) A 14-year-old child working in a call center.
Answer: (b)
Explanation: While child labor is a complex issue and other laws might apply, Article 24 specifically addresses hazardous occupations. Assisting in a family’s small agricultural field, while potentially undesirable, may not automatically qualify as a “hazardous occupation” as envisioned by Article 24. The other options (firecracker factory, domestic help for a young child, and call center work for a 14-year-old (given the potential for long hours and stressful conditions)) would likely be considered hazardous or prohibited by other related legislation, even if not directly by Article 24.
68. The Right to Education Act, 2009, complements Article 24 by:
(a) Providing free and compulsory education to all children between the ages of 6 and 14.
(b) Completely abolishing all forms of child labor.
(c) Providing rehabilitation and welfare measures for children rescued from hazardous employment.
(d) Strengthening the enforcement mechanisms for Article 24.
Answer: (a)
Explanation: The RTE Act and Article 24 work together to protect children. While Article 24 focuses on preventing hazardous child labor, the RTE Act focuses on ensuring access to education, which is crucial for preventing children from being forced into labor due to a lack of educational opportunities. The RTE Act makes education a fundamental right for children in the specified age group.
69. The Child Labor (Prohibition and Regulation) Act, 1986, serves to:
(a) Define what constitutes “hazardous occupations” for the purpose of Article 24.
(b) Provide for the regulation of child labor in certain non-hazardous occupations.
(c) Prescribe penalties for employing children in violation of Article 24.
(d) All of the above.
Answer: (d)
Explanation: The Child Labor Act is the primary legislation for enforcing Article 24. It defines hazardous occupations, regulates child labor in permissible (non-hazardous) areas, and prescribes penalties for violations. It gives teeth to the constitutional prohibition.
70. Article 24 primarily aims to protect:
(a) The right to education of all children.
(b) Children from exploitation through hazardous labor.
(c) The right to life and personal liberty of children.
(d) Children from discrimination based on caste, religion, or gender.
Answer: (b)
Explanation: Article 24’s core objective is to protect children from economic exploitation by prohibiting their employment in hazardous occupations. It addresses a specific form of child exploitation and aims to safeguard their physical and mental well-being.
71. Which of the following statements best describes the concept of secularism as enshrined in the Indian Constitution?
(a) The State actively promotes all religions equally.
(b) The State has no official religion and maintains a neutral stance towards all religions.
(c) The State favors the majority religion while respecting the rights of minorities.
(d) The State is completely detached from religious affairs and has no interaction with religious institutions.
Answer: (b)
Explanation: Indian secularism is characterized by the State’s neutrality and equidistance from all religions. It does not mean the State is anti-religion or completely detached from religious matters. The State respects all religions equally but does not endorse any particular religion as its own.
72. The freedom of religion guaranteed under Articles 25-28 is subject to reasonable restrictions on grounds of:
(a) Public order, morality, and health.
(b) National security and friendly relations with foreign states.
(c) Economic development and social justice.
(d) All of the above.
Answer: (a)
Explanation: Article 25 specifically mentions public order, morality, and health as grounds for restricting the freedom of religion. While national security, friendly relations, economic development, and social justice are important considerations, they are not the explicit grounds mentioned in the Constitution for restricting religious freedom.
73. Article 26, which guarantees the right of religious institutions to manage their own affairs, would protect which of the following actions?
(a) A religious institution establishing and maintaining a school.
(b) A religious institution receiving financial aid from the State for charitable purposes.
(c) A religious institution prohibiting the entry of women into its place of worship.
(d) All of the above, subject to public order, morality, and health.
Answer: (d)
Explanation: Article 26 grants religious denominations the right to manage their own affairs in matters of religion. This includes establishing and maintaining institutions for religious and charitable purposes, managing their property, and so on. However, this right is also subject to the usual restrictions of public order, morality, and health.
74. Article 27 prohibits taxation for the promotion of any particular religion. This implies that:
(a) Religious institutions are exempt from all taxes.
(b) The State cannot use tax revenue to fund religious activities or institutions of any particular religion.
(c) Individuals are not required to pay taxes if they object to the use of tax revenue for religious purposes.
(d) The State can provide financial assistance to religious institutions from sources other than tax revenue.
Answer: (b)
Explanation: Article 27 specifically prohibits the State from using tax revenue to promote or maintain any particular religion. It does not exempt religious institutions from all taxes (they are subject to general taxation laws). It simply prevents the State from using public funds collected through taxes to favor any specific religious group.
75. Which of the following scenarios would NOT likely be protected under the freedom of religion guaranteed by Articles 25-28?
(a) A person wearing a religious symbol or mark in public.
(b) A religious group organizing a peaceful procession.
(c) A religious practice that involves human sacrifice.
(d) A religious institution running a hospital or educational institution.
Answer: (c)
Explanation: While Articles 25-28 guarantee freedom of religious practice, this freedom is not absolute. It is subject to restrictions on grounds of public order, morality, and health. A religious practice that involves human sacrifice would clearly violate public order and morality and would not be protected under the guise of religious freedom. The other scenarios (wearing religious symbols, peaceful processions, and religious institutions running charitable organizations) are generally protected.
76. Which of the following statements accurately reflects the scope of Article 29?
(a) It protects the cultural and educational rights of all citizens, including minorities and majorities.
(b) It protects the cultural and linguistic rights of minorities only.
(c) It guarantees the right to education for all children, regardless of their background.
(d) It prohibits discrimination in educational institutions run by the State.
Answer: (a)
Explanation: While Article 30 deals specifically with the educational rights of minorities, Article 29 has a broader scope. It protects the interests of any section of citizens having a distinct language, script, or culture. This includes both minorities and majorities. It safeguards their right to conserve their culture.
77. Article 30 grants minorities the right to:
(a) Establish and administer educational institutions of their choice.
(b) Receive preferential treatment in government jobs.
(c) Have their religious personal laws codified.
(d) All of the above.
Answer: (a)
Explanation: Article 30 specifically grants minorities the right to establish and administer educational institutions. This is a crucial right that allows them to preserve and promote their culture and educational traditions. It does not include preferential treatment in government jobs or the codification of religious personal laws.
78. The protection offered by Articles 29 and 30 extends to:
(a) Only religious minorities.
(b) Only linguistic minorities.
(c) Both religious and linguistic minorities.
(d) Any group that considers itself a minority, whether based on religion, language, or culture.
Answer: (c)
Explanation: Articles 29 and 30 protect both religious and linguistic minorities. The Constitution recognizes these two categories of minorities. Whether other groups can claim minority status is a complex issue that has been debated and adjudicated by the courts.
79. Which of the following actions by the State would likely NOT be considered a violation of Article 30?
(a) Refusing to grant recognition to a minority-run educational institution.
(b) Imposing excessive restrictions on the administration of a minority-run educational institution that effectively stifles its autonomy.
(c) Providing financial aid to a minority-run educational institution.
(d) Nationalizing all minority-run educational institutions.
Answer: (c)
Explanation: Providing financial aid to minority-run educational institutions is generally considered permissible and often encouraged as a way to promote educational opportunities for minorities. Refusing recognition, imposing excessive restrictions, or nationalizing such institutions, however, would likely be considered violations of Article 30, as they infringe upon the right of minorities to administer their educational institutions.
80. The purpose of Articles 29 and 30 is primarily to:
(a) Promote national integration by assimilating minorities into the majority culture.
(b) Protect and preserve the distinct cultural and educational identities of minorities.
(c) Ensure equality of opportunity in employment for all citizens.
(d) Regulate the administration of religious institutions.
Answer: (b)
Explanation: The core objective of Articles 29 and 30 is to protect and preserve the cultural and educational rights of minorities. They recognize that minorities have distinct identities and seek to safeguard their ability to maintain these identities through language, culture, and education.
81. Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution because it:
(a) Guarantees the fundamental rights themselves.
(b) Provides the machinery for enforcing fundamental rights, making them truly effective.
(c) Establishes the structure of the judiciary.
(d) Outlines the Directive Principles of State Policy.
Answer: (b)
Explanation: While all the elements mentioned are important, Dr. Ambedkar specifically emphasized Article 32’s role in providing effective remedies for the violation of fundamental rights. Without a mechanism for enforcement, fundamental rights would be merely declaratory. Article 32 provides that mechanism through the power of the Supreme Court to issue writs.
82. Which of the following writs can be issued to compel a public official to perform a mandatory duty?
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Quo Warranto
Answer: (b)
Explanation: Mandamus is a writ specifically designed to compel a public official, tribunal, or other authority to perform a duty that they are legally bound to perform but have failed to do. Habeas Corpus deals with unlawful detention, Prohibition prevents a lower court from exceeding its jurisdiction, and Quo Warranto questions the legality of a person holding an office.
83. The power of the Supreme Court to issue writs under Article 32 can be exercised:
(a) Only when a fundamental right is violated by the State.
(b) Only when a fundamental right is violated by a private individual.
(c) In cases of violations of both fundamental rights and ordinary legal rights.
(d) Only in cases involving substantial questions of law.
Answer: (a)
Explanation: Article 32 is specifically designed for the enforcement of fundamental rights. The Supreme Court can issue writs under this article only when a fundamental right guaranteed by Part III of the Constitution is violated, and primarily when that violation is by the State. For violations of ordinary legal rights, other remedies are available, but not directly under Article 32.
84. Which of the following is NOT a limitation on the power of the Supreme Court under Article 32?
(a) The petitioner must show that their fundamental right has been violated.
(b) The Supreme Court can refuse to hear a case if alternative remedies are available.
(c) The Supreme Court can issue writs against private individuals for violations of fundamental rights.
(d) The Supreme Court’s power is discretionary, and it may choose not to exercise it in certain cases.
Answer: (c)
Explanation: Article 32 primarily applies to State actions. While the concept of horizontal application of fundamental rights is evolving, the traditional understanding is that Article 32 is invoked against the State, not private individuals. The other options are valid limitations: the petitioner must demonstrate a fundamental right violation, the Court can consider alternative remedies, and the Court’s power is discretionary.
85. Article 32 strengthens the federal structure of India by:
(a) Giving the Supreme Court the power to adjudicate disputes between the Centre and the States.
(b) Enabling individuals to directly approach the Supreme Court for the enforcement of their fundamental rights against the State.
(c) Defining the legislative powers of the Centre and the States.
(d) Guaranteeing the independence of the judiciary.
Answer: (b)
Explanation: Article 32 empowers individuals to directly approach the Supreme Court if their fundamental rights are violated by the State. This acts as a check on the State’s power and reinforces the protection of fundamental rights against potential State overreach, thus strengthening the federal balance by safeguarding individual rights against both central and state government actions. The other options are important aspects of federalism but are not directly related to Article 32’s function.
86. Article 33 empowers Parliament to modify or restrict the fundamental rights of:
(a) All citizens during a national emergency.
(b) Members of the armed forces and other specified personnel (like police).
(c) Government employees only.
(d) All individuals residing in a state declared to be under martial law.
Answer: (b)
Explanation: Article 33 specifically deals with the power of Parliament to modify or restrict the fundamental rights of members of the armed forces, police forces, and other personnel involved in maintaining public order. It does not apply to all citizens during a national emergency (that is covered under different provisions) or government employees generally.
87. Martial law, as contemplated under Article 34, implies:
(a) The suspension of all fundamental rights.
(b) The imposition of military rule in a specific area due to a breakdown of law and order.
(c) The declaration of a national emergency.
(d) The imposition of President’s Rule in a state.
Answer: (b)
Explanation: Martial law refers to the imposition of military rule in a specific area when there is a breakdown of law and order that civil authorities cannot handle. It involves the military taking over administration and exercising powers normally held by civilian governments. It is distinct from a national emergency or President’s Rule.
88. Article 35 grants Parliament the power to:
(a) Amend the fundamental rights guaranteed in Part III of the Constitution.
(b) Make laws to give effect to the fundamental rights, including prescribing punishments for their violation.
(c) Suspend fundamental rights during a national emergency.
(d) Restrict the application of fundamental rights to certain areas or groups.
Answer: (b)
Explanation: Article 35 specifically grants Parliament the power to make laws to give effect to the fundamental rights. This includes the power to prescribe punishments for the violation of fundamental rights and to regulate how they are implemented. It does not grant Parliament the power to amend fundamental rights themselves (that power is subject to the basic structure doctrine) or to suspend them (which is an executive power during emergencies).
89. Laws made by Parliament under Articles 33, 34, and 35 are subject to:
(a) Presidential assent only.
(b) Judicial review by the Supreme Court and High Courts.
(c) Ratification by a majority of states.
(d) Approval by a special majority in both houses of Parliament.
Answer: (b)
Explanation: Even though these articles grant Parliament special powers related to fundamental rights, the laws made under them are still subject to judicial review. The courts can examine these laws to ensure that they are reasonable, do not violate other constitutional provisions, and do not alter the basic structure of the Constitution.
90. The “basic structure” doctrine limits the power of Parliament under Articles 33, 34, and 35 by:
(a) Preventing Parliament from enacting any laws that restrict fundamental rights.
(b) Prohibiting Parliament from amending or abolishing fundamental rights that form part of the basic structure.
(c) Requiring that all laws restricting fundamental rights be passed by a unanimous vote in Parliament.
(d) Giving the Supreme Court the power to veto any law passed by Parliament under these articles.
Answer: (b)
Explanation: The basic structure doctrine, evolved by the Supreme Court, limits Parliament’s power to amend the Constitution. It holds that certain fundamental features of the Constitution, including fundamental rights, form part of the basic structure and cannot be altered even through constitutional amendments. This applies to the powers granted to Parliament under Articles 33, 34, and 35 as well. These articles cannot be used to undermine the core of fundamental rights.
91. The “horizontal application” of Fundamental Rights signifies that:
(a) Fundamental Rights can be directly enforced against private individuals and entities in all situations.
(b) Fundamental Rights can, in certain circumstances, be invoked against private individuals or entities, particularly when they are performing public functions or significantly impacting the rights of others.
(c) The State is obligated to ensure that private individuals do not violate the Fundamental Rights of others.
(d) Horizontal application is a well-established doctrine with clearly defined boundaries.
Answer: (b)
Explanation: The concept of horizontal application is evolving. It means that Fundamental Rights, while primarily enforceable against the State (“vertical application”), can also be applied against private individuals or entities in specific situations. This is especially relevant when private actors are performing functions that are akin to public functions or where their actions have a substantial impact on the fundamental rights of other individuals. It’s not a blanket application in all situations, and the boundaries are still being defined by judicial interpretation.
92. Which of the following best describes the relationship between Fundamental Rights and private entities?
(a) Fundamental Rights have no bearing on the actions of private entities whatsoever.
(b) Fundamental Rights apply equally to the State and private entities.
(c) While generally applying to the State, Fundamental Rights can, in some cases, be invoked against private entities, particularly when they are performing public functions or significantly impacting the rights of others.
(d) Private entities are completely exempt from any scrutiny under Fundamental Rights principles.
Answer: (c)
Explanation: The general rule is that Fundamental Rights are enforceable against the State, not private entities. However, there are exceptions. The courts have recognized the concept of horizontal application in certain circumstances, meaning that private entities performing public functions (e.g., private hospitals providing essential services) or significantly impacting the rights of others (e.g., large corporations affecting environmental rights) can be subject to scrutiny under Fundamental Rights principles.
93. The concept of “reasonable restrictions” on Fundamental Rights implies that:
(a) The State can impose any restrictions on Fundamental Rights that it deems necessary.
(b) Restrictions must be based on valid grounds specified in the Constitution and must be proportionate to the objective sought to be achieved.
(c) Restrictions can be imposed only during a National Emergency.
(d) The judiciary has no role in reviewing the reasonableness of restrictions.
Answer: (b)
Explanation: Fundamental Rights are not absolute; they are subject to reasonable restrictions. However, these restrictions cannot be arbitrary. They must be based on legitimate grounds specified in the Constitution (e.g., public order, national security) and must be proportionate to the objective being pursued. The judiciary plays a crucial role in reviewing the reasonableness of restrictions to ensure they don’t unduly infringe upon fundamental rights.
94. During a National Emergency, which of the following is correct regarding the suspension of Fundamental Rights?
(a) All Fundamental Rights, including Articles 20 and 21, are automatically suspended.
(b) All Fundamental Rights are suspended except those specifically exempted by the President.
(c) Most Fundamental Rights can be suspended, but Articles 20 and 21, guaranteeing protection against arbitrary arrest and the right to life and personal liberty, cannot be suspended.
(d) The President has the absolute discretion to suspend any Fundamental Right during a National Emergency.
Answer: (c)
Explanation: During a National Emergency, most Fundamental Rights can be suspended by a Presidential order. However, Article 20 (protection in respect of conviction for offenses) and Article 21 (right to life and personal liberty) cannot be suspended even during a National Emergency. This provides a crucial safeguard against arbitrary state action during times of emergency.
95. The “basic structure” doctrine, in relation to Fundamental Rights, means that:
(a) Parliament can amend any part of the Constitution, including Fundamental Rights, as long as it follows the correct procedure.
(b) Certain core features of the Constitution, including Fundamental Rights, cannot be altered even by a constitutional amendment.
(c) The judiciary has no power to review constitutional amendments that affect Fundamental Rights.
(d) The President has the final say in determining whether a constitutional amendment violates the basic structure.
Answer: (b)
Explanation: The “basic structure” doctrine, developed by the Supreme Court, limits Parliament’s power to amend the Constitution. It holds that certain fundamental features, including Fundamental Rights, form the basic structure and cannot be altered even through a constitutional amendment. This doctrine protects the essential principles of the Constitution from being eroded by legislative action.
96. Fundamental Rights, as a reflection of the ideals and aspirations of the Constitution, primarily embody:
(a) The historical context of India’s struggle for independence.
(b) The philosophical underpinnings of a just and equitable society, guaranteeing basic human rights and freedoms.
(c) The specific legal procedures for enforcing constitutional provisions.
(d) The detailed framework for the organization and functioning of the government.
Answer: (b)
Explanation: Fundamental Rights are not merely legal guarantees; they reflect the core values and aspirations of the Indian Constitution. They embody the philosophical vision of a just and equitable society, ensuring basic human rights and freedoms for all individuals. They represent the ethical and moral commitments of the nation.
97. Fundamental Rights serve as an interpretative tool by:
(a) Providing a framework for understanding the spirit and intent of the Constitution, especially when its provisions are ambiguous or unclear.
(b) Limiting the power of the judiciary to interpret the Constitution.
(c) Establishing a rigid and inflexible approach to constitutional interpretation.
(d) Prioritizing the literal meaning of constitutional text over its broader purpose and context.
Answer: (a)
Explanation: When constitutional provisions are open to multiple interpretations, Fundamental Rights serve as a guiding light. They provide a framework for understanding the underlying principles and objectives of the Constitution, helping to resolve ambiguities and ensure that interpretations are consistent with the fundamental values of the nation.
98. The authority of Fundamental Rights ultimately derives from:
(a) The Constituent Assembly that drafted the Constitution.
(b) The Parliament, which can amend the Constitution.
(c) The people of India, as expressed through the Preamble and the ratification process.
(d) The judiciary, which interprets and enforces the Constitution.
Answer: (c)
Explanation: The ultimate authority behind the Constitution, including Fundamental Rights, rests with the people of India. This is expressed in the Preamble, which begins with “We the People of India…” The Constitution was adopted and enacted by the people, and its legitimacy comes from their collective will.
99. Fundamental Rights contribute to the “identity” of the Constitution by:
(a) Providing a concise summary of all the articles and clauses in the Constitution.
(b) Highlighting the core values and principles that define the character of the Indian Republic.
(c) Establishing a system of checks and balances among the different branches of government.
(d) Defining the relationship between the central government and the state governments.
Answer: (b)
Explanation: Fundamental Rights encapsulate the essence of the Indian Constitution, reflecting its commitment to individual liberty, social justice, and equality. They articulate the core values that define the Indian Republic and distinguish it from other nations. They are a vital part of the Constitution’s identity.
100. Fundamental Rights reflect the political morality of the nation by:
(a) Establishing a code of conduct for political parties and elected representatives.
(b) Setting limits on the power of the State and protecting individual freedoms.
(c) Defining the relationship between the State and religious institutions.
(d) Promoting social and economic equality among all citizens.
Answer: (b)
Explanation: Fundamental Rights are not just legal rights; they embody the political morality of the nation. They set limits on the power of the State and protect individual freedoms from undue interference. They represent a commitment to respecting human dignity and individual autonomy, which are essential elements of a just and moral political order.
Mastering the Fundamental Rights under Articles 12-35 is essential for success in the UPSC CSE, and practicing these 100 MCQs with detailed explanations is an excellent way to ensure you are well-prepared. This exercise not only helps you evaluate your knowledge but also enhances your ability to approach questions with critical thinking, a vital skill for both the Prelims and Mains exams. Remember, consistent practice and understanding the deeper nuances of each article will give you an edge on your journey toward cracking the UPSC CSE.
Keep revising, keep testing yourself, and you will find that these articles become second nature to you. If you found this post useful, don’t forget to share it with fellow aspirants, and stay tuned for more UPSC CSE preparation content. Best of luck on your path to success!