Fundamental Rights, enshrined in Part III of the Indian Constitution (Articles 12 to 35), form the bedrock of Indian democracy. They guarantee civil liberties to all citizens and protect them from arbitrary actions of the state. For aspirants of UPSC, State PSCs, SSC, CDS, NDA, and other competitive exams, this is a high-weightage and frequently tested topic in the Polity section.
In this blog post, we present a comprehensive set of Multiple Choice Questions (MCQs) on Fundamental Rights, each followed by correct answers and detailed explanations. These questions are designed to test both your factual understanding and conceptual clarity, making this resource ideal for both beginners and advanced learners.
Fundamental Rights MCQs and Answers
1. Part III of the Indian Constitution, dealing with Fundamental Rights, consists of Articles:
a) 1 to 4
b) 5 to 11
c) 12 to 35
d) 36 to 51
Answer: (c) 12 to 35
Explanation: Part III of the Indian Constitution, titled “Fundamental Rights,” encompasses Articles 12 through 35.
2. Article 12 of the Indian Constitution defines the term ‘State’ for the purposes of Part III. Which of the following is NOT included in this definition?
a) The Government and Parliament of India
b) The Government and Legislature of each of the States
c) All local or other authorities within the territory of India
d) Private companies not receiving any financial aid from the government
Answer: (d) Private companies not receiving any financial aid from the government
Explanation: Article 12 defines ‘State’ broadly to include the executive and legislative organs of the Union and State governments, local authorities (like municipalities and panchayats), and other authorities (entities controlled by the government). Private companies, unless they are instrumentalities or agencies of the State due to deep and pervasive control or significant financial aid, are generally not included.
3. Article 13 of the Indian Constitution declares that all laws inconsistent with or in derogation of the Fundamental Rights shall be:
a) Voidable at the discretion of the Supreme Court.
b) Valid if enacted before the commencement of the Constitution.
c) Void to the extent of the inconsistency.
d) Subject to amendment by a simple majority in Parliament.
Answer: (c) Void to the extent of the inconsistency.
Explanation: Article 13 embodies the principle of judicial review. It states that any pre-constitutional or post-constitutional law that violates the Fundamental Rights shall be void to the extent of the contravention.
4. Which of the following rights is guaranteed under Article 14 of the Indian Constitution?
a) Equality of opportunity in matters of public employment.
b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
c) Abolition of untouchability.
d) Equality before the law and equal protection of the laws.
Answer: (d) Equality before the law and equal protection of the laws.
Explanation: Article 14 guarantees to all persons equality before the law and the equal protection of the laws within the territory of India.
5. Article 15 of the Indian Constitution prohibits discrimination on which of the following grounds?
a) Religion, race, caste, sex, place of birth, and economic status.
b) Religion, race, caste, sex, place of birth, and domicile.
c) Religion, race, caste, sex, place of birth.
d) Religion, race, caste, sex, place of birth, and language.
Answer: (c) Religion, race, caste, sex, place of birth.
Explanation: Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It also allows for special provisions for women and children, and for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
6. Article 16 of the Indian Constitution guarantees:
a) Equality before the law.
b) Equality of opportunity in matters of public employment.
c) Prohibition of discrimination in access to public places.
d) Abolition of titles.
Answer: (b) Equality of opportunity in matters of public employment.
Explanation: Article 16 ensures that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. It also allows for reservations for backward classes, Scheduled Castes, and Scheduled Tribes.
7. Article 17 of the Indian Constitution abolishes:
a) Untouchability and forbids its practice in any form.
b) Titles, except military or academic distinctions.
c) Traffic in human beings and forced labour.
d) Employment of children below the age of 14 years in factories, mines, or hazardous employment.
Answer: (a) Untouchability and forbids its practice in any form.
Explanation: Article 17 declares “Untouchability” abolished and forbids its practice in any form. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.
8. Article 18 of the Indian Constitution abolishes:
a) Untouchability.
b) Titles, except military or academic distinctions.
c) Traffic in human beings and forced labour.
d) Employment of children in hazardous occupations.
Answer: (b) Titles, except military or academic distinctions.
Explanation: Article 18 abolishes titles conferred by the State, except military or academic distinctions. It also prohibits citizens of India from accepting any title from any foreign State without the consent of the President.
9. Article 19 of the Indian Constitution guarantees certain freedoms to the citizens. Which of the following is NOT explicitly mentioned as one of these freedoms?
a) Freedom of speech and expression
b) Freedom of assembly
c) Freedom of movement
d) Freedom to reside and settle in any part of India
e) Freedom to practice any profession, or to carry on any occupation, trade or business
f) Right to property
Answer: (f) Right to property
Explanation: The right to property was originally a fundamental right under Article 19(1)(f) but was repealed by the 44th Amendment Act, 1978, and is now a legal right under Article 300A.
10. Article 20 of the Indian Constitution provides protection in respect of:
a) Arbitrary arrest and detention.
b) Conviction for offences.
c) Traffic in human beings and forced labour.
d) Retrospective criminal laws.
Answer: (b) Conviction for offences.
Explanation: Article 20 guarantees protection against ex post facto laws (retrospective criminal laws), double jeopardy (being prosecuted and punished for the same offence more than once), and self-incrimination (being compelled to be a witness against oneself).
11. Article 21 of the Indian Constitution guarantees:
a) Protection against arrest and detention in certain cases.
b) Right to freedom of religion.
c) Protection of life and personal liberty.
d) Right to elementary education.
Answer: (c) Protection of life and personal liberty.
Explanation: Article 21 states that no person shall be deprived of their life or personal liberty except according to procedure established by law. The Supreme Court has given a wide interpretation to this article, including various aspects of the right to live with dignity.
12. Article 21A of the Indian Constitution, inserted by the 86th Amendment Act, 2002, provides for:
a) Right to constitutional remedies.
b) Right to freedom of religion.
c) Right to elementary education.
d) Cultural and educational rights.
Answer: (c) Right to elementary education.
Explanation: Article 21A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
13. Article 22 of the Indian Constitution provides protection against:
a) Ex post facto laws.
b) Double jeopardy.
c) Self-incrimination.
d) Arrest and detention in certain cases.
Answer: (d) Arrest and detention in certain cases.
Explanation: Article 22 grants certain rights to persons who are arrested or detained, including the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours.
14. Article 23 of the Indian Constitution prohibits:
a) Discrimination on grounds of religion, race, caste, sex or place of birth.
b) Traffic in human beings and forced labour.
c) Employment of children below the age of 14 years in hazardous occupations.
d) The practice of untouchability.
Answer: (b) Traffic in human beings and forced labour.
Explanation: Article 23 of the Indian Constitution prohibits traffic in human beings, including trafficking for forced labor, slavery, or exploitation. It also prohibits begar (forced labor) and other similar forms of forced labor.
15. Article 24 of the Indian Constitution prohibits:
a) Forced labour.
b) Traffic in human beings.
c) Employment of children below the age of 14 years in factories, mines, or hazardous employment.
d) Discrimination in public employment.
Answer: (c) Employment of children below the age of 14 years in factories, mines, or hazardous employment.
Explanation: Article 24 prohibits the employment of children below the age of fourteen years in any factory or mine or employed in any hazardous employment.
16. Articles 25 to 28 of the Indian Constitution guarantee:
a) Cultural and educational rights.
b) Right to constitutional remedies.
c) Right to freedom of religion.
d) Right against exploitation.
Answer: (c) Right to freedom of religion.
Explanation: Articles 25 to 28 collectively guarantee the right to freedom of conscience and the free profession, practice, and propagation of religion, subject to public order, morality, and health.
17. Article 29 of the Indian Constitution provides for:
a) Protection of interests of minorities.
b) Right to establish and administer educational institutions.
c) Freedom of conscience and free profession, practice and propagation of religion.
d) Protection against arbitrary arrest and detention.
Answer: (a) Protection of interests of minorities.
Explanation: Article 29 grants any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own the right to conserve the same.
18. Article 30 of the Indian Constitution grants:
a) Right to constitutional remedies.
b) Right to freedom of religion for religious institutions.
c) Right of minorities to establish and administer educational institutions.
d) Protection against exploitation in educational institutions.
Answer: (c) Right of minorities to establish and administer educational institutions.
Explanation: Article 30 grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.
19. Article 32 of the Indian Constitution guarantees the:
a) Right to property.
b) Right to privacy.
c) Right to constitutional remedies.
d) Right to information.
Answer: (c) Right to constitutional remedies.
Explanation: Article 32 provides for the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the Constitution. The Supreme Court has the power to issue writs (habeas corpus, mandamus, prohibition, certiorari, and quo warranto) for the enforcement of these rights.
20. Which of the following writs can be issued by the Supreme Court or a High Court to inquire into the legality of the detention of a person?
a) Mandamus
b) Certiorari
c) Habeas Corpus
d) Quo Warranto
Answer: (c) Habeas Corpus
Explanation: The writ of Habeas Corpus (literally meaning ‘to have the body’) is issued to produce a person who has been detained, whether in prison or in private custody, before a court or a judge to determine the legality of their detention.
21. Which writ is issued by a higher court to a lower court or tribunal to transfer a case for proper consideration or to quash the order of the lower authority?
a) Habeas Corpus
b) Mandamus
c) Certiorari
d) Prohibition
Answer: (c) Certiorari
Explanation: The writ of Certiorari is issued by a superior court to an inferior court or tribunal to remove a case from the lower authority or to quash its decision if it has acted beyond its jurisdiction or violated principles of natural justice.
22. Which writ is a command issued by a higher court to a public authority to perform a public duty that it has failed or refused to perform?
a) Certiorari
b) Prohibition
c) Mandamus
d) Quo Warranto
Answer: (c) Mandamus
Explanation: The writ of Mandamus (meaning ‘we command’) compels a public authority to perform a duty imposed upon it by law.
23. Which writ is issued by a higher court to a lower court or tribunal prohibiting it from proceeding with a case that is beyond its jurisdiction?
a) Habeas Corpus
b) Mandamus
c) Prohibition
d) Quo Warranto
Answer: (c) Prohibition
Explanation: The writ of Prohibition (meaning ‘to forbid’) is issued to prevent an inferior court or tribunal from exceeding its jurisdiction.
24. Which writ is issued to inquire into the legality of the claim of a person to a public office?
a) Habeas Corpus
b) Mandamus
c) Certiorari
d) Quo Warranto
Answer: (d) Quo Warranto
Explanation: The writ of Quo Warranto (meaning ‘by what authority’) is issued to restrain a person from holding a public office that they are not entitled to hold.
25. Article 33 of the Indian Constitution empowers the Parliament to modify the application of Fundamental Rights to:
a) Members of the Armed Forces.
b) Members of the Police Forces.
c) Persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter-intelligence.
d) All of the above.
Answer: (d) All of the above.
Explanation: Article 33 grants Parliament the power to make laws to determine to what extent any of the Fundamental Rights shall apply to members of the armed forces, police forces, and intelligence agencies to ensure the proper discharge of their duties and the maintenance of discipline.
26. Article 34 of the Indian Constitution provides for:
a) Restrictions on Fundamental Rights while martial law is in force in any area.
b) The power of the Supreme Court to issue writs.
c) The enforcement of Directive Principles of State Policy.
d) The establishment of special courts for the enforcement of Fundamental Rights.
Answer: (a) Restrictions on Fundamental Rights while martial law is in force in any area.
Explanation: Article 34 states that Parliament may by law indemnify any person in respect of any act done by them in connection with the maintenance or restoration of order in any area where martial law was in force, and can restrict Fundamental Rights in such areas.
27. Article 35 of the Indian Constitution empowers:
a) Only the State Legislatures to make laws to give effect to certain Fundamental Rights.
b) Only the Parliament to make laws to give effect to certain Fundamental Rights.
c) Both the Parliament and the State Legislatures to make laws to give effect to Fundamental Rights.
d) The Supreme Court to frame rules for the enforcement of Fundamental Rights.
Answer: (b) Only the Parliament to make laws to give effect to certain Fundamental Rights.
Explanation: Article 35 vests the power only in the Parliament to make laws for giving effect to the provisions of certain Fundamental Rights, such as Article 16(3) (residence for employment), Article 17 (untouchability), Article 23 (traffic in human beings and forced labour), and Article 24 (child labour).
28. Which of the following Fundamental Rights is available only to citizens of India and not to aliens?
a) Equality before the law (Article 14)
b) Protection of life and personal liberty (Article 21)
c) Freedom of speech and expression (Article 19)
d) Freedom of conscience and free profession, practice and propagation of religion (Article 25)
Answer: (c) Freedom of speech and expression (Article 19)
Explanation: Article 19, which guarantees freedoms of speech, assembly, association, movement, residence, and profession, is available only to citizens of India. Articles 14 and 21 are available to all persons, whether citizens or aliens, and Article 25 is subject to reasonable restrictions.
29. The ‘Doctrine of Eclipse’ is related to which of the following articles concerning Fundamental Rights?
a) Article 13
b) Article 14
c) Article 19
d) Article 32
Answer: (a) Article 13
Explanation: The Doctrine of Eclipse states that a pre-constitutional law inconsistent with a Fundamental Right is not entirely dead but remains in a dormant state (it is eclipsed by the Fundamental Right) and can become operative again if the Fundamental Right is amended or repealed.
30. The ‘Doctrine of Severability’ is also associated with Article 13. It implies that:
a) The entire law becomes void if any part of it violates Fundamental Rights.
b) Only the part of the law that is inconsistent with Fundamental Rights is considered void, provided it is severable from the rest of the law.
c) The law is valid if the inconsistency is minor.
d) The inconsistency can be removed by judicial interpretation without striking down the law.
Answer: (b) Only the part of the law that is inconsistent with Fundamental Rights is considered void, provided it is severable from the rest of the law.
Explanation: The Doctrine of Severability allows the courts to separate the invalid part of a law (that violates Fundamental Rights) from the valid part and strike down only the invalid portion, allowing the rest of the law to continue in force if it can stand independently.
31. The ‘Doctrine of Waiver’ is generally NOT applicable to Fundamental Rights because:
a) They are enshrined in the Constitution and cannot be easily changed.
b) They are meant to protect public interest and the dignity of individuals, and an individual cannot waive these rights.
c) The State has a duty to ensure their enforcement.
d) All of the above.
Answer: (d) All of the above.
Explanation: Generally, Fundamental Rights cannot be waived because they are based on public policy and are intended to safeguard the basic liberties and dignity of individuals against the State. Allowing waiver would defeat this purpose.
32. Which of the following Fundamental Rights has been the subject of the widest interpretation by the Supreme Court, encompassing numerous unenumerated rights?
a) Article 14 (Equality before law)
b) Article 19 (Freedom of speech and expression)
c) Article 21 (Protection of life and personal liberty)
d) Article 32 (Right to constitutional remedies)
Answer: (c) Article 21 (Protection of life and personal liberty)
Explanation: Article 21 has been interpreted expansively by the Supreme Court to include various aspects of the right to live with dignity, such as the right to privacy, right to a clean environment, right to health, right to education, etc., even though these are not explicitly mentioned in the article.
33. The power to suspend Fundamental Rights (except Articles 20 and 21) during a national emergency is vested in:
a) The President of India.
b) The Parliament of India.
c) The Supreme Court of India.
d) The Union Cabinet.
Answer: (a) The President of India.
Explanation: Under Article 359, the President has the power to suspend the enforcement of any of the Fundamental Rights (except Articles 20 and 21) during a national emergency. Article 19 is automatically suspended during a national emergency declared on grounds of war or external aggression.
34. Which of the following constitutional amendments made it explicit that laws made for the implementation of Directive Principles under Article 39(b) and (c) cannot be challenged on the ground of violation of Articles 14 and 19?
a) 24th Amendment Act, 1971
b) 25th Amendment Act, 1971
c) 42nd Amendment Act, 1976
d) 44th Amendment Act, 1978
Answer: (b) 25th Amendment Act, 1971
Explanation: The 25th Amendment added Article 31C, which stated that laws made to give effect to the policy under Article 39(b) and (c) (related to ownership and control of material resources and prevention of concentration of wealth) shall not be void on the ground that they are inconsistent with Articles 14 and 19. However, this blanket protection was later narrowed down by the Supreme Court in the Minerva Mills case.
35. The concept of ‘due process of law’ is most closely associated with the interpretation of which article of the Indian Constitution?
a) Article 14
b) Article 21
c) Article 22
d) Article 32
Answer: (b) Article 21
Explanation: Initially, Article 21 was interpreted based on ‘procedure established by law,’ focusing on the legality of the procedure. However, in the Maneka Gandhi v. Union of India case, the Supreme Court held that the procedure must also be ‘right, just, and fair,’ effectively incorporating elements of ‘due process’ as understood in the American Constitution.
36. Which of the following rights guaranteed under Part III of the Constitution is available against both the State and private individuals?
a) Right to freedom of speech and expression (Article 19)
b) Right against untouchability (Article 17)
c) Right to equality of opportunity in public employment (Article 16)
d) Cultural and educational rights (Articles 29 and 30)
Answer: (b) Right against untouchability (Article 17)
Explanation: Article 17 abolishes untouchability and forbids its practice by anyone, including private individuals, with enforcement to be done through law. Most other Fundamental Rights are primarily enforceable against the State.
37. The concept of ‘constitutional morality’ is often invoked in matters related to:
a) The interpretation of Directive Principles of State Policy.
b) The scope and limitations of Fundamental Rights, especially social reform related rights.
c) The amendment procedure under Article 368.
d) The distribution of legislative powers between the Union and the States.
Answer: (b) The scope and limitations of Fundamental Rights, especially social reform related rights.
Explanation: Constitutional morality refers to adherence to the core principles and values enshrined in the Constitution, even if not explicitly stated. It often plays a role in interpreting Fundamental Rights, especially when they intersect with social reforms and evolving societal norms.
38. Which of the following is a limitation on the Fundamental Rights as enshrined in Part III of the Constitution?
a) They are absolute and cannot be curtailed under any circumstances.
b) They are subject to reasonable restrictions imposed by law in the interest of public order, morality, health, etc.
c) They can be suspended by the Parliament by a simple majority.
d) They are primarily enforceable against private individuals.
Answer: (b) They are subject to reasonable restrictions imposed by law in the interest of public order, morality, health, etc.
Explanation: Most Fundamental Rights are not absolute and are subject to reasonable restrictions that the State can impose by law on grounds specified in the Constitution itself, such as public order, decency, morality, sovereignty and integrity of India, etc.
39. The ‘Basic Structure’ doctrine, which limits the amending power of Parliament over Fundamental Rights, was evolved in which landmark case?
a) Shankari Prasad v. Union of India
b) Golaknath v. State of Punjab
c) Kesavananda Bharati v. State of Kerala
d) Minerva Mills v. Union of India
Answer: (c) Kesavananda Bharati v. State of Kerala
Explanation: The Supreme Court, in the Kesavananda Bharati case (1973), propounded the doctrine of basic structure, holding that while Parliament has the power to amend the Constitution, it cannot alter its basic features, which include Fundamental Rights.
40. Which of the following rights was initially a Fundamental Right but was later made a legal right?
a) Right to education
b) Right to freedom of religion
c) Right to property
d) Right to constitutional remedies
Answer: (c) Right to property
Explanation: The right to property, initially guaranteed under Article 31 (and Article 19(1)(f)), was removed from the list of Fundamental Rights by the 44th Amendment Act, 1978, and is now a legal right under Article 300A.
41. The concept of ‘suspect classifications’ is used in the context of judicial review of laws that potentially violate:
a) Article 19 (Freedoms).
b) Article 21 (Life and personal liberty).
c) Article 14 (Equality before law) and Article 15 (Prohibition of discrimination).
d) Article 25 (Freedom of religion).
Answer: (c) Article 14 (Equality before law) and Article 15 (Prohibition of discrimination).
Explanation: ‘Suspect classifications’ refer to categories like race, religion, and gender, which are historically associated with discrimination. Laws based on these classifications are subjected to strict scrutiny by the courts to ensure they serve a compelling state interest and are narrowly tailored.
42. Which of the following is an example of a reasonable restriction that can be imposed on the freedom of speech and expression under Article 19(2)?
a) Restriction based on the political affiliation of the speaker.
b) Restriction aimed at preventing incitement to violence.
c) Restriction to suppress dissent against government policies.
d) Restriction based on the caste or religion of the speaker.
Answer: (b) Restriction aimed at preventing incitement to violence.
Explanation: Article 19(2) specifies the grounds on which reasonable restrictions can be imposed on the freedom of speech and expression, including the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, or incitement to an offence. Preventing incitement to violence falls under the ambit of maintaining public order.
43. The right to privacy has been recognized as a Fundamental Right by the Supreme Court under:
a) Article 14
b) Article 19
c) Article 21
d) Article 25
Answer: (c) Article 21
Explanation: In the landmark K.S. Puttaswamy v. Union of India case (2017), the Supreme Court held that the right to privacy is a fundamental right and is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution.
44. Which of the following statements best describes the relationship between Fundamental Rights and Directive Principles of State Policy?
a) Fundamental Rights are justiciable, while Directive Principles are non-justiciable.
b) Directive Principles override Fundamental Rights in case of conflict.
c) Fundamental Rights are merely guidelines for the State, while Directive Principles are binding.
d) Both are equally enforceable by the courts.
Answer: (a) Fundamental Rights are justiciable, while Directive Principles are non-justiciable.
Explanation: A key difference is their enforceability. Fundamental Rights can be enforced by the courts through writs under Article 32 and Article 226, whereas Directive Principles are guidelines for the State and are not directly enforceable by the courts. However, courts often use Directive Principles in interpreting Fundamental Rights.
45. The concept of ‘horizontal application’ of Fundamental Rights refers to:
a) Their applicability to both the Union and the State governments.
b) Their applicability to all levels of government (Union, State, local).
c) Their enforceability even against private individuals or entities, not just the State.
d) Their application across different subject matters without any specific limitations.
Answer: (c) Their enforceability even against private individuals or entities, not just the State.
Explanation: Traditionally, Fundamental Rights are seen as limitations on state action (‘vertical application’). ‘Horizontal application’ implies that some of these rights can also be enforced against private actors, though this is generally limited and evolves through judicial interpretation (e.g., Article 17 against private practice of untouchability).
46. Which of the following is NOT a ground on which reasonable restrictions can be imposed on the freedom of assembly under Article 19(3)?
a) Public order
b) Sovereignty and integrity of India
c) The economic interests of the State
d) The security of the State
Answer: (c) The economic interests of the State
Explanation: Article 19(3) allows for reasonable restrictions on the freedom of assembly in the interests of the sovereignty and integrity of India, public order, and the security of the State. Economic interests are not explicitly mentioned as a ground for restricting the freedom of assembly, although they might indirectly be relevant to ‘public order’ in certain contexts.
47. The ‘right to be forgotten’ as a facet of the right to privacy implies:
a) The right to have one’s past criminal records expunged.
b) The right to prevent the disclosure of information about one’s past that is no longer relevant.
c) The right to not be identified in public spaces.
d) The right to erase all personal data from the internet.
Answer: (b) The right to prevent the disclosure of information about one’s past that is no longer relevant.
Explanation: The ‘right to be forgotten’ refers to the right of an individual to have certain information about their past removed from public access, especially if it is no longer relevant or accurate and its continued presence causes harm.
48. Which of the following statements is true regarding the enforceability of Fundamental Rights against the judiciary?
a) Fundamental Rights are fully enforceable against all judicial actions.
b) Judicial functions are generally immune from the purview of Fundamental Rights to maintain the independence of the judiciary.
c) Only the procedural aspects of judicial functioning can be challenged based on Fundamental Rights.
d) Fundamental Rights are enforceable against administrative actions of the judiciary but not their judicial pronouncements.
Answer: (d) Fundamental Rights are enforceable against administrative actions of the judiciary but not their judicial pronouncements.
Explanation: While the judicial pronouncements and judgments are generally protected to maintain judicial independence, the administrative functions of the judiciary fall under the definition of ‘State’ and are thus subject to the limitations imposed by Fundamental Rights.
49. The concept of ‘strict scrutiny’ is applied by courts when reviewing laws that affect:
a) Economic regulations.
b) Social welfare legislation.
c) Fundamental Rights involving suspect classifications or impacting fundamental liberties.
d) Laws related to public order and safety.
Answer: (c) Fundamental Rights involving suspect classifications or impacting fundamental liberties.
Explanation: ‘Strict scrutiny’ is the highest level of judicial review applied to laws that infringe upon fundamental rights involving suspect classifications (like race, religion, caste) or impact fundamental liberties. The government must demonstrate a compelling state interest and that the law is narrowly tailored to achieve that interest.
50. The inclusion of Fundamental Rights in the Indian Constitution reflects the influence of:
a) The French Revolution’s emphasis on liberty and equality.
b) The American Bill of Rights.
c) The Universal Declaration of Human Rights.
d) All of the above.
Answer: (d) All of the above.
Explanation: The Fundamental Rights in the Indian Constitution draw inspiration from various sources, including the American Bill of Rights, the principles of liberty and equality from the French Revolution, and the broader framework of human rights articulated in documents like the Universal Declaration of Human Rights. The Indian freedom struggle and the debates within the Constituent Assembly also significantly shaped their form and content.
51. Which of the following rights is considered a ‘basic human right’ and is also enshrined as a Fundamental Right in the Indian Constitution?
a) Right to property
b) Right to vote
c) Right to life and personal liberty
d) Right to freedom of trade and commerce
Answer: (c) Right to life and personal liberty
Explanation: The right to life and personal liberty, guaranteed under Article 21, is widely recognized as a fundamental human right, forming the bedrock of many other rights.
52. The ‘golden triangle’ of Fundamental Rights is often referred to in the context of which articles?
a) Articles 14, 15, and 16 (Rights to Equality)
b) Articles 19, 21, and 22 (Freedoms and Personal Liberty)
c) Articles 25, 26, and 27 (Freedom of Religion)
d) Articles 29, 30, and 31 (Cultural and Educational Rights, including repealed Article 31)
Answer: (b) Articles 19, 21, and 22 (Freedoms and Personal Liberty)
Explanation: Articles 19 (freedoms), 21 (life and personal liberty), and 22 (protection against arbitrary arrest and detention) are often referred to as the ‘golden triangle’ because they are considered core fundamental rights that safeguard individual autonomy and liberty.
53. Which of the following scenarios is LEAST likely to be considered a violation of Article 14 (Equality before law)?
a) A law that provides for reservation in government jobs for socially and educationally backward classes.
b) A law that imposes a higher tax rate on individuals with higher income.
c) A law that prohibits women from working in underground mines.
d) A law that grants special privileges to foreign diplomats.
Answer: (d) A law that grants special privileges to foreign diplomats.
Explanation: Article 14 prohibits discrimination among equals. Special privileges granted to foreign diplomats are often based on international law and the principle of sovereign immunity, thus creating a separate class that is not comparable to ordinary citizens. The other scenarios involve classifications that are subject to scrutiny under Article 14 to ensure they are based on intelligible differentia and have a rational nexus to a legitimate objective.
54. The ‘prevention of cruelty to animals’ can be considered a legitimate ground for imposing reasonable restrictions on which Fundamental Right?
a) Freedom of speech and expression (Article 19(1)(a))
b) Freedom to practice any profession or carry on any occupation, trade, or business (Article 19(1)(g))
c) Freedom of conscience and free profession, practice and propagation of religion (Article 25)
d) Freedom to reside and settle in any part of India (Article 19(1)(e))
Answer: (b) Freedom to practice any profession or carry on any occupation, trade, or business (Article 19(1)(g)) and (c) Freedom of conscience and free profession, practice and propagation of religion (Article 25)
Explanation: Restrictions on certain trades or businesses involving animals (e.g., animal slaughter) can be justified on the ground of preventing cruelty to animals, falling under ‘public order’ or ‘morality’ which are permissible restrictions on Article 19(1)(g). Similarly, the practice of religion under Article 25 is also subject to public order, morality, and health, which can include considerations of animal welfare. Therefore, both (b) and (c) could be relevant. However, (b) is a more direct application to economic activities involving animals.
55. Which of the following rights is NOT explicitly mentioned as a part of the right to freedom of speech and expression under Article 19(1)(a) but has been interpreted by the Supreme Court to be included?
a) Right to form associations
b) Right to carry on any occupation, trade, or business
c) Right to remain silent
d) Right to move freely throughout the territory of India
Answer: (c) Right to remain silent
Explanation: While not explicitly stated, the Supreme Court has interpreted the freedom of speech and expression under Article 19(1)(a) to include the right to remain silent, as speech also encompasses the right to refrain from speaking. The other options are separate freedoms under Article 19(1)(c), (g), and (d) respectively.
56. The imposition of ‘reasonable restrictions’ on Fundamental Rights must satisfy which of the following criteria?
a) They must be arbitrary and based on the subjective satisfaction of the government.
b) They must have a rational nexus to a legitimate objective sought to be achieved by the law.
c) They must completely negate the essence of the Fundamental Right.
d) They must be imposed through executive orders without any legislative backing.
Answer: (b) They must have a rational nexus to a legitimate objective sought to be achieved by the law.
Explanation: For a restriction on a Fundamental Right to be considered ‘reasonable,’ it must be related to one of the grounds specified in the Constitution for that particular right, and there must be a reasonable connection between the restriction and the objective sought to be achieved by the law imposing it.
57. Which of the following is a directive issued by the Supreme Court to ensure the enforcement of Fundamental Rights?
a) Ordinance
b) Notification
c) Writ
d) Amendment
Answer: (c) Writ
Explanation: Under Article 32, the Supreme Court is empowered to issue writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) for the enforcement of Fundamental Rights.
58. The concept of ‘public order’ as a ground for restricting certain Fundamental Rights implies:
a) The complete absence of any disturbance in society.
b) The maintenance of peace and tranquility in the community, as distinct from mere law and order.
c) The suppression of all forms of dissent against the government.
d) The enforcement of all laws, regardless of their impact on individual liberties.
Answer: (b) The maintenance of peace and tranquility in the community, as distinct from mere law and order.
Explanation: ‘Public order’ is a broader concept than ‘law and order.’ Restrictions can be imposed on Fundamental Rights to maintain public order when the disturbances affect the community at large, whereas ‘law and order’ refers to the prevention of individual crimes.
59. Which of the following Fundamental Rights is non-suspendable even during a national emergency?
a) Right to freedom of speech and expression (Article 19)
b) Right to move freely throughout the territory of India (Article 19(1)(d))
c) Right to protection in respect of conviction for offences (Article 20)
d) Right to freedom of conscience and free profession, practice and propagation of religion (Article 25)
Answer: (c) Right to protection in respect of conviction for offences (Article 20)
Explanation: Article 359(1A) explicitly states that Articles 20 and 21 cannot be suspended during a national emergency. Article 19 is automatically suspended during a national emergency declared on grounds of war or external aggression.
60. The right to education as a Fundamental Right under Article 21A primarily focuses on:
a) Higher education for all citizens.
b) Vocational training for adults.
c) Free and compulsory elementary education for children between 6 and 14 years.
d) Adult literacy programs.
Answer: (c) Free and compulsory elementary education for children between 6 and 14 years.
Explanation: Article 21A specifically mandates that the State shall provide free and compulsory education to all children in the age group of six to fourteen years.
61. Which of the following activities is most likely to be considered a violation of Article 23 (Prohibition of traffic in human beings and forced labour)?
a) A law making military service compulsory for all able-bodied citizens during wartime.
b) A contractual agreement where an individual works for another in exchange for fair wages.
c) The practice of ‘begar’ where a landlord compels a tenant to work without payment.
d) A government scheme that incentivizes individuals to take up certain types of employment.
Answer: (c) The practice of ‘begar’ where a landlord compels a tenant to work without payment.
Explanation: Article 23 specifically prohibits ‘begar’ (forced labour without remuneration) and other similar forms of forced labour, as well as traffic in human beings.
62. Which of the following scenarios might constitute a violation of the cultural and educational rights guaranteed under Article 29?
a) Denying admission to a minority-run educational institution to students from the majority community.
b) Imposing a particular religious ideology in all government-aided educational institutions.
c) Requiring all schools to teach the dominant language of the state.
d) All of the above could potentially violate Article 29.
Answer: (c) Requiring all schools to teach the dominant language of the state.
Explanation: Article 29 protects the right of any section of citizens having a distinct language, script, or culture to conserve the same. Requiring all schools to teach the dominant language could undermine the right of linguistic minorities to conserve their language. Article 30 deals with the right of minorities to establish and administer educational institutions, and Article 28 prohibits compulsory religious instruction in certain institutions.
63. The power of the Supreme Court under Article 32 to issue writs for the enforcement of Fundamental Rights is:
a) Discretionary and can be refused by the court.
b) Mandatory when a violation of a Fundamental Right is established.
c) Limited to issuing writs only against the Union Government.
d) Subject to prior approval from the President.
Answer: (b) Mandatory when a violation of a Fundamental Right is established.
Explanation: Article 32(2) empowers the Supreme Court to issue writs, and the Court has held that this power is not merely discretionary but is a duty of the Court to protect the Fundamental Rights of citizens.
64. Which of the following is NOT a recognized ground for imposing restrictions on the freedom of religion under Article 25?
a) Public order
b) Morality
c) Health
d) Economic interests of the State
Answer: (d) Economic interests of the State
Explanation: Article 25(1) states that the freedom of conscience and the right freely to profess, practice, and propagate religion are subject to public order, morality, and health. Economic interests are not explicitly mentioned as a ground for restriction.
65. The concept of ‘equality of opportunity’ under Article 16 does NOT prohibit:
a) Discrimination based on religion in public employment.
b) Reservations in appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
c) Setting different criteria for different posts based on the nature of the job.
d) Discrimination based on place of birth for employment within a particular state.
Answer: (b) Reservations in appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
Explanation: Article 16(4) explicitly allows the State to make provisions for the reservation of appointments or posts in favour of backward classes that are not adequately represented in state services. The other options generally constitute violations of the principle of equality of opportunity unless justified by specific exceptions.
66. The ‘test of reasonable classification’ under Article 14 requires that the classification must be based on:
a) The social status of the individuals being classified.
b) An intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group.
c) The arbitrary will of the legislature.
d) The religious beliefs of the individuals being classified.
Answer: (b) An intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group.
Explanation: The test of reasonable classification under Article 14 involves two conditions: (i) the classification must be founded on an intelligible differentia, and (ii) the differentia must have a rational relation to the object sought to be achieved by the law.
67. Which of the following rights is available to both citizens and non-citizens?
a) Freedom of speech and expression (Article 19)
b) Right to form associations (Article 19(1)(c))
c) Cultural and educational rights (Articles 29 and 30)
d) Right to constitutional remedies (Article 32)
Answer: (d) Right to constitutional remedies (Article 32)
Explanation: Article 32 guarantees the right to move the Supreme Court for the enforcement of the rights conferred by Part III. This right is available to ‘any person’ whose fundamental right has been violated, which includes both citizens and non-citizens. Articles 19, 29, and 30 are primarily for citizens or specific groups within the citizenry.
68. The concept of ‘proportionality’ is increasingly being used by Indian courts when examining the reasonableness of restrictions imposed on Fundamental Rights. It implies that:
a) The restriction must be exactly equal to the violation committed.
b) The restriction should not be more excessive than necessary to achieve the legitimate objective.
c) The restriction should benefit a proportionate number of people.
d) The restriction should be proportionate to the economic status of the affected individuals.
Answer: (b) The restriction should not be more excessive than necessary to achieve the legitimate objective.
Explanation: The principle of proportionality requires a balance between the restriction imposed on a Fundamental Right and the legitimate aim sought to be achieved. The restriction should be the least intrusive measure necessary to accomplish the objective.
69. Which of the following is NOT a writ that can be issued by the High Courts under Article 226 for the enforcement of Fundamental Rights?
a) Habeas Corpus
b) Mandamus
c) Certiorari
d) Injunction
Answer: (d) Injunction
Explanation: While High Courts have broad powers under Article 226, including issuing writs in the nature of habeas corpus, mandamus, prohibition, certiorari, and quo warranto for the enforcement of Fundamental Rights and for other purposes, ‘injunction’ is typically a type of relief granted in civil suits rather than a specific constitutional writ.
70. The power of Parliament under Article 33 to modify Fundamental Rights for members of the armed forces aims to ensure:
a) Their right to form political associations.
b) Their freedom of speech and expression on all matters.
c) The proper discharge of their duties and the maintenance of discipline.
d) Their right to protest against government policies.
Answer: (c) The proper discharge of their duties and the maintenance of discipline.
Explanation: Article 33 recognizes that the nature of duties performed by members of the armed forces, police forces, and intelligence agencies requires certain restrictions on their Fundamental Rights to ensure discipline and the effective performance of their functions.
71. The declaration of martial law under Article 34 has what effect on Fundamental Rights in the area where it is in force?
a) Fundamental Rights are completely suspended.
b) Parliament can indemnify persons for acts done to maintain order and can restrict Fundamental Rights.
c) The Supreme Court’s power to issue writs is suspended.
d) Only the Fundamental Rights of civilians are affected, not those of the armed forces.
Answer: (b) Parliament can indemnify persons for acts done to maintain order and can restrict Fundamental Rights.
Explanation: Article 34 allows Parliament to enact laws indemnifying individuals for actions taken under martial law to restore order and to impose restrictions on Fundamental Rights in the areas under martial law.
72. Which of the following Fundamental Rights has the widest reach in terms of its beneficiaries, extending to ‘any person’ and not just ‘citizens’?
a) Article 19 (Freedoms)
b) Article 15 (Prohibition of discrimination on certain grounds)
c) Article 21 (Protection of life and personal liberty)
d) Article 16 (Equality of opportunity in public employment)
Answer: (c) Article 21 (Protection of life and personal liberty)
Explanation: Article 21 explicitly states that “No person shall be deprived of his life or personal liberty except according to procedure established by law,” using the term ‘person’ which includes both citizens and non-citizens.
73. The ‘Doctrine of Pith and Substance’ is relevant when examining the constitutionality of a law with respect to:
a) Its impact on Fundamental Rights.
b) The legislative competence of the Parliament or State Legislatures under the Seventh Schedule.
c) Its conformity with the Directive Principles of State Policy.
d) The procedure for its enactment.
Answer: (b) The legislative competence of the Parliament or State Legislatures under the Seventh Schedule.
Explanation: The Doctrine of Pith and Substance is used to determine under which legislative list (Union, State, or Concurrent) a particular law falls when there is an overlap between the subjects listed in different lists. It examines the true nature and character of the law.
74. Which of the following is NOT a specific ground mentioned in Article 15(3) for making special provisions?
a) For women
b) For children
c) For economically weaker sections
d) For any socially and educationally backward classes of citizens
Answer: (c) For economically weaker sections
Explanation: Article 15(3) allows the State to make special provisions for women and children. Article 15(4) (added later) allows for special provisions for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. Provisions for economically weaker sections were enabled by a later amendment (Article 15(6)).
75. The ‘right to a speedy trial’ has been recognized as a facet of which Fundamental Right?
a) Article 14 (Equality before law)
b) Article 19 (Freedoms)
c) Article 21 (Protection of life and personal liberty)
d) Article 22 (Protection against arrest and detention)
Answer: (c) Article 21 (Protection of life and personal liberty)
Explanation: The Supreme Court has held that the right to a speedy trial is an essential aspect of the right to life and personal liberty guaranteed under Article 21, ensuring justice without undue delay.
76. Which of the following is a permissible exception to the general rule of no discrimination under Article 15?
a) Discrimination based solely on place of birth within a state.
b) Special provisions made for the advancement of any socially and educationally backward classes of citizens.
c) Discrimination based solely on religion in admission to private educational institutions.
d) Discrimination based solely on sex in matters of public employment.
Answer: (b) Special provisions made for the advancement of any socially and educationally backward classes of citizens.
Explanation: Article 15(4) explicitly allows the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes. The other options generally constitute prohibited discrimination under Article 15.
77. The concept of ‘reverse discrimination’ is often discussed in the context of:
a) Laws abolishing untouchability.
b) Affirmative action policies like reservations.
c) Restrictions on the freedom of speech and expression.
d) Protection of minority educational institutions.
Answer: (b) Affirmative action policies like reservations.
Explanation: ‘Reverse discrimination’ refers to the situation where affirmative action policies, intended to benefit historically disadvantaged groups, are alleged to discriminate against members of the majority or other non-beneficiary groups.
78. Which of the following is NOT a condition for the State to impose restrictions on the freedom of association under Article 19(1)(c)?
a) Sovereignty and integrity of India.
b) Public order.
c) Morality.
d) The political ideology of the association.
Answer: (d) The political ideology of the association.
Explanation: Article 19(4) allows for reasonable restrictions on the freedom to form associations or unions in the interests of the sovereignty and integrity of India, public order, or morality. The political ideology of an association is generally not a valid ground for restriction unless it threatens these specified interests.
79. The protection against self-incrimination under Article 20(3) extends to:
a) Only oral testimony given in court.
b) Only written documents produced by the accused.
c) Compelling an accused to provide fingerprint samples.
d) Compelling an accused to undergo narco-analysis tests (with certain safeguards).
Answer: (d) Compelling an accused to undergo narco-analysis tests (with certain safeguards).
Explanation: Article 20(3) protects an accused person from being compelled to be a witness against themselves. The Supreme Court has examined the applicability of this right to various forms of evidence, including narco-analysis, brain mapping, and polygraph tests, often with the caveat that involuntary administration would violate Article 20(3).
80. Which of the following statements accurately reflects the relationship between Fundamental Rights and Directive Principles as interpreted by the Supreme Court?
a) Fundamental Rights are superior to Directive Principles in all circumstances.
b) Directive Principles can override Fundamental Rights to achieve socio-economic justice.
c) There is no inherent conflict between them, and they should be interpreted harmoniously.
d) Directive Principles are mere moral guidelines with no legal force, unlike Fundamental Rights.
Answer: (c) There is no inherent conflict between them, and they should be interpreted harmoniously.
Explanation: The Supreme Court has generally advocated for a harmonious interpretation of Fundamental Rights and Directive Principles, viewing them as complementary goals. While Fundamental Rights are enforceable, Directive Principles guide the State in formulating policies to achieve social and economic justice, and can influence the interpretation of the reasonableness of restrictions on Fundamental Rights.
81. The concept of ‘procedural due process’ in the Indian context, as interpreted by the Supreme Court, ensures that:
a) Laws are fair and just in their substance.
b) The procedure established by law for depriving a person of life or liberty is fair, just, and reasonable.
c) All laws must conform to international human rights standards.
d) The judiciary has the power to review the wisdom of legislative enactments.
Answer: (b) The procedure established by law for depriving a person of life or liberty is fair, just, and reasonable.
Explanation: Following the Maneka Gandhi case, the Supreme Court moved towards a more substantive review of the ‘procedure established by law’ under Article 21, ensuring that it is not arbitrary, unfair, or unreasonable, thus incorporating elements of procedural due process.
82. Which of the following is NOT a cultural or educational right guaranteed by the Constitution?
a) The right of any section of citizens having a distinct language, script or culture to conserve the same (Article 29(1)).
b) The right of all minorities to establish and administer educational institutions of their choice (Article 30(1)).
c) The right of the State to provide free and compulsory education to all children of the age of six to fourteen years (Article 21A).
d) The right of a citizen to admission into any educational institution maintained by the State or receiving aid out of State funds, which shall not be denied on grounds only of religion, race, caste, language or any of them (Article 29(2)).
Answer: (c) The right of the State to provide free and compulsory education to all children of the age of six to fourteen years (Article 21A).
Explanation: Article 21A is a fundamental right related to education but is not classified under the specific ‘Cultural and Educational Rights’ (Articles 29 and 30). Articles 29 and 30 focus on the rights of cultural and linguistic minorities and their educational institutions.
83. The power of judicial review under Article 13 primarily aims to protect:
a) The supremacy of the Parliament.
b) The federal structure of the Constitution.
c) The Fundamental Rights guaranteed in Part III.
d) The Directive Principles of State Policy.
Answer: (c) The Fundamental Rights guaranteed in Part III.
Explanation: Article 13 empowers the judiciary to review laws and strike down those that are inconsistent with or in derogation of the Fundamental Rights, thus acting as a safeguard for these rights.
84. Which of the following statements is true regarding the enforceability of Fundamental Duties?
a) They are directly enforceable by the courts like Fundamental Rights.
b) They are non-justiciable and cannot be enforced through judicial proceedings.
c) The Parliament can enact laws to provide for penalties for their violation.
d) Both (b) and (c) are correct.
Answer: (d) Both (b) and (c) are correct.
Explanation: Fundamental Duties, unlike Fundamental Rights, are non-justiciable, meaning they cannot be directly enforced by the courts. However, the Parliament is competent to make laws to give effect to these duties and to provide for penalties for their contravention.
85. The concept of ‘constitutional secularism’ in India implies:
a) A strict separation between religion and the State.
b) The State having no religion of its own and treating all religions equally.
c) The State actively supporting all religions equally.
d) The State being anti-religious.
Answer: (b) The State having no religion of its own and treating all religions equally.
Explanation: Indian secularism is characterized by the principle of ‘sarva dharma sambhava’ (equal respect for all religions). The State maintains neutrality towards all religions, neither favoring nor discriminating against any.
A strong command over Fundamental Rights is essential not only for clearing prelims but also for writing well-argued answers in mains and essays. We hope these MCQs have helped you reinforce important concepts and identified key areas for revision.
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