Unlock the essence of Fundamental Rights in the Indian Constitution with our comprehensive guide! Our curated collection of multiple-choice questions (MCQs) with detailed answers and explanations covers Articles 12-35, encompassing the Six Fundamental Rights. From the Right to Equality to the Right to Constitutional Remedies, our MCQs will test your knowledge on the scope, limitations, and significance of these cornerstone rights. Perfect for UPSC CSE Prelims aspirants, our questions and answers will help you master the intricacies of Fundamental Rights and boost your confidence for the exam.
MCQs and Answers on Fundamental Rights (Articles 12–35)
Article 12 of the Indian Constitution defines the term ‘State’ for the purposes of:
(a) Part II of the Constitution
(b) Part III of the Constitution
(c) Part IV of the Constitution
(d) All of the above
Answer: (b)
Explanation: Article 12 specifically defines ‘State’ in the context of Part III, which deals with Fundamental Rights. This definition is crucial for determining against whom these rights can be enforced.
Which of the following is NOT included in the definition of ‘State’ under Article 12?
(a) Government and Parliament of India
(b) Government and Legislature of each of the States
(c) Local authorities
(d) Private corporations
Answer: (d)
Explanation: Article 12 includes the entities listed in (a), (b), and (c), as well as ‘other authorities’ under the control of the government. Private corporations, in general, are not included unless they are acting as agents of the State.
‘Other authorities’ in Article 12 include:
(a) Only statutory bodies
(b) Only non-statutory bodies
(c) Both statutory and non-statutory bodies
(d) Only constitutional bodies
Answer: (c)
Explanation: The term ‘other authorities’ has been interpreted broadly by the Supreme Court to include all entities that perform functions of a public nature, whether they are created by a statute or not.
Which of the following statements is correct regarding Fundamental Rights?
(a) They are absolute and can never be restricted.
(b) They are subject to reasonable restrictions.
(c) They can be suspended during a national emergency, except for Articles 20 and 21.
(d) Both (b) and (c)
Answer: (d)
Explanation: Fundamental Rights are not absolute; they can be subject to reasonable restrictions. Also, under Article 352, during a national emergency, the rights under Articles 20 and 21 cannot be suspended.
Article 13 of the Indian Constitution deals with:
(a) Cultural and educational rights
(b) Right to constitutional remedies
(c) Laws inconsistent with or in derogation of the Fundamental Rights
(d) Right to equality
Answer: (c)
Explanation: Article 13 states that any law that takes away or abridges the Fundamental Rights shall be void.
Which of the following is NOT considered a ‘law’ under Article 13?
(a) An ordinance issued by the President
(b) A custom having the force of law
(c) A judicial decision
(d) A notification issued by the government
Answer: (c)
Explanation: Article 13 includes ordinances, orders, bye-laws, rules, regulations, notifications, customs, or usages having the force of law. Judicial decisions are generally not considered ‘laws’ under Article 13, though they can impact the interpretation of laws.
The concept of ‘judicial review’ is primarily derived from:
(a) Article 14
(b) Article 19
(c) Article 32
(d) Article 13
Answer: (d)
Explanation: Article 13 provides the basis for judicial review, empowering the courts to strike down laws that violate Fundamental Rights.
Article 14 of the Indian Constitution guarantees:
(a) Equality before the law
(b) Equal protection of the laws
(c) Both (a) and (b)
(d) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Answer: (c)
Explanation: Article 14 guarantees both equality before the law and equal protection of the laws.
‘Equality before the law’ is a:
(a) Positive concept
(b) Negative concept
(c) Both positive and negative concept
(d) Neither positive nor negative concept
Answer: (b)
Explanation: ‘Equality before the law’ is generally considered a negative concept, implying the absence of special privileges for any individual or class.
‘Equal protection of the laws’ is a:
(a) Positive concept
(b) Negative concept
(c) Both positive and negative concept
(d) Neither positive nor negative concept
Answer: (a)
Explanation: ‘Equal protection of the laws’ is a positive concept, mandating the State to ensure equality of opportunity through affirmative action.
Article 14 applies to:
(a) Only citizens of India
(b) Only foreigners
(c) Both citizens and foreigners
(d) Only Persons of Indian Origin
Answer: (c)
Explanation: Article 14 extends its guarantee of equality to all persons, whether citizens or foreigners.
The principle of ‘reasonable classification’ is associated with:
(a) Article 14
(b) Article 15
(c) Article 16
(d) Article 19
Answer: (a)
Explanation: Article 14 allows for ‘reasonable classification’ of persons or things, but such classification must be based on intelligible differentia and have a rational relation to the object sought to be achieved.
Article 15 of the Indian Constitution prohibits discrimination on the grounds of:
(a) Religion, race, caste, sex or place of birth
(b) Religion, race, caste, sex, place of birth or residence
(c) Religion, race, caste, sex, place of birth or descent
(d) Religion, race, caste, sex, place of birth or any other ground
Answer: (a)
Explanation: Article 15 specifically prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
Which of the following is NOT a permissible ground for the State to make special provisions under Article 15?
(a) Children
(b) Women
(c) Socially and educationally backward classes
(d) Economically weaker sections
Answer: (d)
Explanation: While the State can make special provisions for children, women, and socially and educationally backward classes under Article 15, provisions for economically weaker sections are made under other articles.
Article 16 of the Indian Constitution guarantees:
(a) Equality before the law
(b) Equality of opportunity in matters of public employment
(c) Abolition of untouchability
(d) Abolition of titles
Answer: (b)
Explanation: Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Which of the following statements is correct regarding reservations in public employment?
(a) There can be no reservations in promotions.
(b) The total reservations cannot exceed 50% of the total posts.
(c) Both (a) and (b)
(d) Neither (a) nor (b)
Answer: (d)
Explanation: Reservations in promotions are permissible under certain circumstances. The 50% ceiling on reservations is a general rule, but there can be exceptions in extraordinary situations.
The concept of ‘carry forward rule’ is related to:
(a) Article 14
(b) Article 15
(c) Article 16
(d) Article 19
Answer: (c)
Explanation: The ‘carry forward rule’ allows unfilled reserved vacancies to be carried forward to subsequent years, ensuring that the quota for reserved categories is eventually filled.
Article 17 of the Indian Constitution abolishes:
(a) Titles
(b) Untouchability
(c) Discrimination
(d) Forced labour
Answer: (b)
Explanation: Article 17 explicitly abolishes ‘Untouchability’ and prohibits its practice in any form.
Which of the following statements is correct regarding Article 17?
(a) It is available only against the State.
(b) It is available against both the State and private individuals.
(c) It is not enforceable by the courts.
(d) It is subject to reasonable restrictions.
Answer: (b)
Explanation: Article 17 is unique in that it is enforceable even against private individuals, making it the State’s duty to ensure that untouchability is not practiced.
Article 18 of the Indian Constitution abolishes:
(a) Untouchability
(b) Titles
(c) Discrimination
(d) Forced labour
Answer: (b)
Explanation: Article 18 abolishes titles, except for military or academic distinctions.
Which of the following titles is NOT prohibited under Article 18?
(a) Bharat Ratna
(b) Padma Vibhushan
(c) Sir
(d) Doctor
Answer: (d)
Explanation: While Bharat Ratna and Padma Vibhushan are not considered titles, ‘Sir’ is a title conferred by a foreign state and is prohibited. ‘Doctor’ is an academic distinction and is permitted.
Article 19 of the Indian Constitution guarantees:
(a) Right to equality
(b) Right to freedom
(c) Right against exploitation
(d) Right to freedom of religion
Answer: (b)
Explanation: Article 19 guarantees the Right to Freedom, encompassing several individual freedoms.
Which of the following freedoms is NOT explicitly mentioned in Article 19?
(a) Freedom of speech and expression
(b) Freedom to assemble peaceably and without arms
(c) Freedom to form associations or unions
(d) Freedom to practice any profession, occupation, trade or business
Answer: (d)
Explanation: Article 19 includes freedom of speech and expression, assembly, association, movement, residence, and profession, occupation, trade or business.
The six freedoms guaranteed under Article 19 are available to:
(a) All persons
(b) Only citizens of India
(c) Only foreigners
(d) Only members of scheduled castes and tribes
Answer: (b)
Explanation: The freedoms under Article 19 are exclusively available to citizens of India.
Which of the following statements is correct regarding the restrictions on the freedoms guaranteed under Article 19?
(a) They can be restricted only during a national emergency.
(b) They are absolute and cannot be restricted under any circumstances.
(c) They can be restricted only by a constitutional amendment.
(d) They are subject to reasonable restrictions.
Answer: (d)
Explanation: The freedoms under Article 19 are not absolute and can be subject to ‘reasonable restrictions’ in the interest of public order, morality, security, etc.
‘Prior restraint’ is most closely associated with:
(a) Article 14
(b) Article 19(1)(a)
(c) Article 21
(d) Article 32
Answer: (b)
Explanation: ‘Prior restraint’ refers to government action that prohibits speech or expression before it takes place. It is a significant issue in the context of freedom of speech and expression under Article 19(1)(a).
The right to form cooperative societies is a Fundamental Right under:
(a) Article 19(1)(c)
(b) Article 19(1)(d)
(c) Article 19(1)(e)
(d) Article 19(1)(g)
Answer: (a)
Explanation: The right to form cooperative societies is a Fundamental Right under Article 19(1)(c).
Article 20 of the Indian Constitution provides protection in respect of:
(a) Arrest and detention
(b) Conviction for offences
(c) Forced labour
(d) Freedom of religion
Answer: (b)
Explanation: Article 20 grants protection in respect of conviction for offences, including protection against ex post facto laws, double jeopardy, and self-incrimination.
‘Ex post facto law’ means:
(a) A law that is applied retrospectively
(b) A law that is applied prospectively
(c) A law that is applied immediately
(d) A law that is applied conditionally
Answer: (a)
Explanation: An ex post facto law is one that retroactively changes the legal consequences of acts committed in the past. Article 20(1) prohibits the enactment of such laws in the context of criminal offences.
The principle of ‘double jeopardy’ is enshrined in:
(a) Article 20(1)
(b) Article 20(2)
(c) Article 20(3)
(d) Article 21
Answer: (b)
Explanation: Article 20(2) embodies the principle of ‘double jeopardy’, which means that no person shall be prosecuted and punished for the same offence more than once.
‘Self-incrimination’ is prohibited under:
(a) Article 20(1)
(b) Article 20(2)
(c) Article 20(3)
(d) Article 22
Answer: (c)
Explanation: Article 20(3) states that no person accused of any offence shall be compelled to be a witness against himself. This is the principle against self-incrimination.
Article 21 of the Indian Constitution guarantees:
(a) Right to equality
(b) Right to freedom
(c) Right to life and personal liberty
(d) Right to constitutional remedies
Answer: (c)
Explanation: Article 21 is one of the most important Fundamental Rights, guaranteeing the right to life and personal liberty.
The scope of ‘personal liberty’ in Article 21 has been expanded by the Supreme Court to include:
(a) Right to privacy
(b) Right to education
(c) Right to a clean environment
(d) All of the above
Answer: (d)
Explanation: The Supreme Court has interpreted ‘personal liberty’ in Article 21 very broadly, including various unenumerated rights such as the right to privacy, education, and a clean environment.
The ‘procedure established by law’ in Article 21 means:
(a) Any procedure laid down by the legislature
(b) A procedure that is fair, just and reasonable
(c) A procedure established by the judiciary
(d) A procedure prescribed by the executive
Answer: (b)
Explanation: The Supreme Court has held that the ‘procedure established by law’ must be fair, just, and reasonable, not just any procedure laid down by the legislature.
Which of the following rights is NOT a part of Article 21?
(a) Right to livelihood
(b) Right to medical care
(c) Right to shelter
(d) Right to property
Answer: (d)
Explanation: The right to property is not a part of Article 21. It is a legal right under Article 300A.
Article 21A of the Indian Constitution provides for:
(a) Right to privacy
(b) Right to education
(c) Right to a clean environment
(d) Right to livelihood
Answer: (b)
Explanation: Article 21A guarantees the right to education as a Fundamental Right for children in the age group of 6 to 14 years.
The Right to Education under Article 21A was inserted by which amendment?
(a) 86th Amendment
(b) 44th Amendment
(c) 73rd Amendment
(d) 93rd Amendment
Answer: (a)
Explanation: Article 21A was inserted by the 86th Amendment Act of 2002.
Article 22 of the Indian Constitution provides protection against:
(a) Exploitation
(b) Arrest and detention in certain cases
(c) Discrimination
(d) Forced labour
Answer: (b)
Explanation: Article 22 provides safeguards against arbitrary arrest and detention.
Which of the following rights is NOT guaranteed under Article 22?
(a) The right to be informed of the grounds of arrest
(b) The right to consult and be defended by a legal practitioner of his choice
(c) The right to be produced before the nearest magistrate within a period of 24 hours
(d) The right to bail
Answer: (d)
Explanation: While Article 22 provides for the rights in (a), (b), and (c), the right to bail is governed by the Code of Criminal Procedure (CrPC), not directly by Article 22.
‘Preventive detention’ means:
(a) Detention after the commission of an offence
(b) Detention without trial
(c) Detention to prevent a person from committing an offence
(d) Detention for a punitive purpose
Answer: (c)
Explanation: Preventive detention involves detaining a person to prevent them from committing a future offence.
The maximum period for which a person can be detained under a preventive detention law, without obtaining the opinion of an Advisory Board, is:
(a) One month
(b) Two months
(c) Three months
(d) Six months
Answer: (c)
Explanation: Article 22(4) allows for preventive detention for a period not exceeding three months, beyond which the opinion of an Advisory Board is required.
Article 23 of the Indian Constitution prohibits:
(a) Discrimination
(b) Forced labour
(c) Untouchability
(d) Titles
Answer: (b)
Explanation: Article 23 prohibits traffic in human beings and forced labour (begar).
‘Begar’ means:
(a) Child labour
(b) Bonded labour
(c) Forced labour without remuneration
(d) Trafficking in human beings
Answer: (c)
Explanation: ‘Begar’ refers to labour that is forced without any payment or remuneration.
Which of the following is NOT prohibited under Article 23?
(a) Compelling a person to work against his will
(b) Employing children in hazardous occupations
(c) Forced labour during a public emergency
(d) Trafficking in women for immoral purposes
Answer: (c)
Explanation: Article 23(2) allows the State to impose compulsory service for public purposes, but not on the basis of religion, race, caste or class.
Article 24 of the Indian Constitution prohibits the employment of children below the age of:
(a) 12 years
(b) 14 years
(c) 16 years
(d) 18 years
Answer: (b)
Explanation: Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment.
The prohibition under Article 24 extends to:
(a) All types of employment
(b) Only hazardous employment
(c) Only factory employment
(d) Only mining employment
Answer: (b)
Explanation: Article 24 specifically prohibits the employment of children below 14 years only in factories, mines, or other hazardous employments.
Article 25 of the Indian Constitution guarantees:
(a) Right to equality
(b) Right to freedom of religion
(c) Cultural and educational rights
(d) Right to constitutional remedies
Answer: (b)
Explanation: Article 25 guarantees the freedom of conscience and free profession, practice, and propagation of religion.
The ‘freedom of conscience’ under Article 25 means:
(a) The right to profess any religion
(b) The right to practice any religion
(c) The right to propagate any religion
(d) The freedom of an individual to hold any beliefs and opinions on religious matters
Answer: (d)
Explanation: ‘Freedom of conscience’ refers to an individual’s freedom to decide his/her own beliefs and convictions on religious matters.
Which of the following is NOT a restriction on the freedom of religion under Article 25?
(a) Public order
(b) Morality
(c) Health
(d) Economic interests
Answer: (d)
Explanation: The freedom of religion under Article 25 is subject to restrictions in the interest of public order, morality, and health, but not economic interests.
Article 26 of the Indian Constitution grants the right to:
(a) Freedom of conscience
(b) Freedom to manage religious affairs
(c) Freedom from taxation for promotion of any religion
(d) Freedom from attendance at religious instruction in certain educational institutions
Answer: (b)
Explanation: Article 26 grants religious denominations the right to manage their own affairs in matters of religion.
Which of the following statements is correct regarding Article 26?
(a) It protects the rights of an individual.
(b) It protects the rights of religious denominations.
(c) It protects the rights of the State.
(d) It protects the rights of all persons.
Answer: (b)
Explanation: Article 26 specifically protects the rights of religious denominations or sections thereof.
Article 27 of the Indian Constitution guarantees:
(a) Freedom of conscience
(b) Freedom to manage religious affairs
(c) Freedom from taxation for promotion of any religion
(d) Freedom from attendance at religious instruction in certain educational institutions
Answer: (c)
Explanation: Article 27 prohibits the State from compelling any person to pay any taxes for the promotion or maintenance of any particular religion.
Which of the following is correct regarding the tax exemption under Article 27?
(a) It applies to all taxes.
(b) It applies only to income tax.
(c) It applies only to taxes levied for religious purposes.
(d) It applies to fees as well as taxes.
Answer: (c)
Explanation: Article 27 provides exemption only from taxes, not fees, specifically levied for the promotion or maintenance of any particular religion.
Article 28 of the Indian Constitution guarantees:
(a) Freedom of conscience
(b) Freedom to manage religious affairs
(c) Freedom from taxation for promotion of any religion
(d) Freedom from attendance at religious instruction in certain educational institutions
Answer: (d)
Explanation: Article 28 provides that no person shall be compelled to attend any religious instruction or worship in any educational institution wholly maintained out of State funds.
Which of the following institutions is NOT covered under Article 28?
(a) Institutions wholly maintained by the State
(b) Institutions recognized by the State
(c) Institutions receiving aid from the State
(d) Institutions established and administered by minorities
Answer: (d)
Explanation: Article 28 does not apply to institutions established and administered by minorities, as they have the right to impart religious instruction.
Article 29 of the Indian Constitution protects:
(a) The rights of all citizens
(b) The rights of minorities
(c) The rights of the majority
(d) The rights of scheduled castes and tribes
Answer: (b)
Explanation: Article 29 protects the interests of minorities, providing them the right to conserve their distinct language, script, or culture.
Which of the following is a correct statement regarding Article 29?
(a) It protects only religious minorities.
(b) It protects only linguistic minorities.
(c) It protects both religious and linguistic minorities.
(d) It protects any section of citizens having a distinct language, script or culture.
Answer: (d)
Explanation: Article 29 is not limited to religious or linguistic minorities; it protects any section of citizens having a distinct language, script, or culture.
Article 30 of the Indian Constitution grants minorities the right to:
(a) Conserve their language, script or culture
(b) Establish and administer educational institutions
(c) Freedom of religion
(d) Equality of opportunity
Answer: (b)
Explanation: Article 30 grants minorities the right to establish and administer educational institutions of their choice.
The right under Article 30 is available to:
(a) All citizens
(b) Only religious minorities
(c) Only linguistic minorities
(d) Both religious and linguistic minorities
Answer: (d)
Explanation: Article 30 extends this right to both religious and linguistic minorities.
Which of the following is a correct statement regarding the State’s power to regulate minority institutions?
(a) The State has no power to regulate minority institutions.
(b) The State can completely take over minority institutions.
(c) The State can impose reasonable regulations on minority institutions.
(d) The State can discriminate against minority institutions.Answer: (c)
Explanation: While minority institutions have the right to administer their affairs, the State can impose reasonable regulations to ensure standards and prevent maladministration.
Article 31, which originally dealt with the Right to Property, was repealed by which amendment?
(a) 42nd Amendment
(b) 44th Amendment
(c) 73rd Amendment
(d) 86th Amendment
Answer: (b)
Explanation: The Right to Property under Article 31 was repealed by the 44th Amendment Act of 1978.
After the repeal of Article 31, the Right to Property is now a:
(a) Fundamental Right
(b) Constitutional Right
(c) Legal Right
(d) Natural Right
Answer: (b)
Explanation: The Right to Property is now a constitutional right under Article 300A in Part XII of the Constitution.
Article 32 of the Indian Constitution guarantees:
(a) Right to equality
(b) Right to freedom
(c) Right to life and personal liberty
(d) Right to constitutional remedies
Answer: (d)
Explanation: Article 32 guarantees the Right to Constitutional Remedies, which is the right to approach the Supreme Court for the enforcement of Fundamental Rights.
Dr. B.R. Ambedkar described which article as the ‘heart and soul’ of the Constitution?
(a) Article 14
(b) Article 19
(c) Article 21
(d) Article 32
Answer: (d)
Explanation: Dr. B.R. Ambedkar considered Article 32 to be the ‘heart and soul’ of the Constitution because it provides for the enforcement of Fundamental Rights.
Which of the following statements is correct regarding Article 32?
(a) It is available only against the State.
(b) It is available against both the State and private individuals.
(c) It is not enforceable by the courts.
(d) It can be suspended during a national emergency.
Answer: (a)
Explanation: Article 32 can be invoked only for the enforcement of Fundamental Rights against the State.
The Supreme Court can issue writs under:
(a) Article 32
(b) Article 226
(c) Both Article 32 and Article 226
(d) Only under a special enactment of Parliament
Answer: (a)
Explanation: The Supreme Court can issue writs under Article 32, while the High Courts can issue writs under Article 226.
Which of the following is NOT a type of writ that can be issued by the Supreme Court or High Courts?
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Injunction
Answer: (d)
Explanation: Injunction is not a writ under Article 32. The five types of writs are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
‘Habeas Corpus’ means:
(a) You may have the body
(b) We command
(c) To be certified
(d) By what authority
Answer: (a)
Explanation: ‘Habeas Corpus’ is a Latin term that literally means ‘you may have the body’. It is a writ issued to produce a person who has been detained, to determine the legality of their detention.
A writ of ‘Mandamus’ is issued to:
(a) Detain an unlawfully detained person
(b) Compel a public authority to perform its duty
(c) Prohibit an inferior court from exceeding its jurisdiction
(d) Quash an illegal order
Answer: (b)
Explanation: ‘Mandamus’ is a writ issued to a public authority, corporation, or any other inferior tribunal, commanding it to perform a public duty that it is bound to do.
‘Prohibition’ is a writ issued by a superior court to:
(a) Compel a public authority to perform its duty
(b) Detain an unlawfully detained person
(c) Prohibit an inferior court or tribunal from exceeding its jurisdiction
(d) Quash an illegal order
Answer: (c)
Explanation: ‘Prohibition’ is issued by a higher court to prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice.
‘Certiorari’ means:
(a) You may have the body
(b) We command
(c) To be certified
(d) By what authority
Answer: (c)
Explanation: ‘Certiorari’ is a writ issued by a higher court to a lower court or tribunal to transfer a case for proper consideration or to quash its decision.
A writ of ‘Quo Warranto’ is issued to:
(a) Challenge the legality of a person’s detention
(b) Compel a public authority to perform its duty
(c) Restrain an inferior court from exceeding its jurisdiction
(d) Inquire into the legality of a person’s claim to a public office
Answer: (d)
Explanation: ‘Quo Warranto’ is a writ that questions the authority or title by which a person holds a public office.
Which of the following writs can be issued against a private individual?
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Certiorari
Answer: (a)
Explanation: Habeas Corpus can be issued against a private individual who is detaining another person unlawfully.
Article 33 of the Indian Constitution empowers the Parliament to:
(a) Amend the Fundamental Rights
(b) Suspend the Fundamental Rights during a national emergency
(c) Restrict or abrogate the Fundamental Rights of members of the armed forces, police, etc.
(d) Define the term ‘State’
Answer: (c)
Explanation: Article 33 empowers the Parliament to restrict or abrogate the Fundamental Rights of members of the armed forces, police, and intelligence agencies to ensure proper discharge of their duties and maintenance of discipline.
Which of the following is correct regarding the restrictions under Article 33?
(a) They can be imposed by the State Legislature.
(b) They can be imposed by the President.
(c) They can be imposed only by the Parliament.
(d) They can be imposed by the Supreme Court.
Answer: (c)
Explanation: Only the Parliament has the power to make laws restricting or abrogating the Fundamental Rights of the members of the armed forces, police, etc.
Article 34 of the Indian Constitution deals with:
(a) Restrictions on Fundamental Rights while martial law is in force in any area
(b) Power of Parliament to modify the Fundamental Rights
(c) Saving of laws providing for preventive detention
(d) Protection of minorities
Answer: (a)
Explanation: Article 34 provides that Parliament may by law indemnify any person in respect of any act done by him in connection with the maintenance or restoration of order in any area where martial law was in force.
‘Martial law’ is:
(a) The same as a national emergency
(b) The same as a financial emergency
(c) A situation where the military takes control of an area and suspends ordinary law
(d) A situation where the President rules directly
Answer: (c)
Explanation: Martial law is a situation where the military authorities take control of an area and ordinary civil law is suspended, replaced by military rule.
Which of the following statements is correct regarding the imposition of martial law?
(a) It can be imposed throughout the country.
(b) It can be imposed only in a part of the country.
(c) It can be imposed by the State Legislature.
(d) It can be imposed only during a national emergency.
Answer: (b)
Explanation: Martial law can be imposed only in a specific area where there is exceptional disorder, and it is not necessarily linked to a national emergency.
Article 35 of the Indian Constitution deals with:
(a) Power of Parliament to make laws to give effect to certain Fundamental Rights
(b) Definition of ‘State’
(c) Suspension of Fundamental Rights
(d) Enforcement of Fundamental Duties
Answer: (a)
Explanation: Article 35 empowers the Parliament to make laws to give effect to certain specified Fundamental Rights.
Which of the following is correct regarding the power of the State Legislature to make laws on Fundamental Rights?
(a) State Legislatures can make laws on all Fundamental Rights.
(b) State Legislatures can make laws on Fundamental Rights with the permission of the Parliament.
(c) State Legislatures can make laws on Fundamental Rights only in certain cases.
(d) State Legislatures cannot make any laws on Fundamental Rights.
Answer: (d)
Explanation: Generally, State Legislatures cannot make laws concerning Fundamental Rights. This power is primarily vested in the Parliament.
The power to determine whether a particular law is violative of Fundamental Rights lies with:
(a) The President
(b) The Parliament
(c) The Judiciary
(d) The Executive
Answer: (c)
Explanation: The judiciary, particularly the Supreme Court and the High Courts, has the power of judicial review to determine the constitutional validity of laws and whether they violate Fundamental Rights.
Which of the following is a limitation on the Fundamental Rights?
(a) They are not available against private individuals.
(b) They are subject to reasonable restrictions.
(c) They can be suspended during a national emergency.
(d) All of the above
Answer: (d)
Explanation: All the options are correct. Fundamental Rights are generally enforceable against the State, subject to reasonable restrictions, and can be suspended during a national emergency (except for Articles 20 and 21).
Which of the following is a feature of Fundamental Rights in India?
(a) They are justiciable.
(b) They are not justiciable.
(c) They are partly justiciable and partly non-justiciable.
(d) They are discretionary.
Answer: (a)
Explanation: Fundamental Rights are justiciable, meaning they are enforceable by the courts. If a Fundamental Right is violated, an individual can approach the courts for redressal.
The concept of ‘rule of law’ is closely associated with:
(a) Article 14
(b) Article 19
(c) Article 21
(d) Article 32
Answer: (a)
Explanation: The ‘rule of law’ is a legal principle that ensures that all individuals are subject to the law and that no one is above the law. It is closely associated with Article 14, which guarantees equality before the law.
Which of the following is a correct statement regarding the amendability of Fundamental Rights?
(a) They can be amended by a simple majority in the Parliament.
(b) They can be amended by a special majority in the Parliament.
(c) They cannot be amended under any circumstances.
(d) They can be amended by a referendum.
Answer: (b)
Explanation: Fundamental Rights can be amended by the Parliament, but only by a special majority as required under Article 368.
The ‘basic structure’ doctrine is related to:
(a) The Preamble
(b) Fundamental Rights
(c) Directive Principles of State Policy
(d) Fundamental Duties
Answer: (b)
Explanation: The ‘basic structure’ doctrine, evolved by the Supreme Court, states that certain fundamental features of the Constitution, including some Fundamental Rights, cannot be amended by the Parliament.
Which of the following cases is associated with the ‘basic structure’ doctrine?
(a) A.K. Gopalan v. State of Madras
(b) Kesavananda Bharati v. State of Kerala
(c) Maneka Gandhi v. Union of India
(d) Indira Nehru Gandhi v. Raj Narain
Answer: (b)
Explanation: The ‘basic structure’ doctrine was propounded by the Supreme Court in the Kesavananda Bharati case (1973).
During a national emergency, which of the following Fundamental Rights cannot be suspended?
(a) Article 14
(b) Article 19
(c) Article 20 and 21
(d) Article 32
Answer: (c)
Explanation: During a national emergency, the rights guaranteed under Articles 20 and 21 cannot be suspended, as per Article 359(1).
Which of the following is a correct statement regarding the suspension of Fundamental Rights during a national emergency?
(a) All Fundamental Rights can be suspended.
(b) Only Article 19 can be suspended.
(c) The President can suspend any Fundamental Right.
(d) The President can suspend Fundamental Rights, except those under Articles 20 and 21.
Answer: (d)
Explanation: During a national emergency, the President has the power to suspend the enforcement of Fundamental Rights, except for those under Articles 20 and 21.
The concept of ‘public interest litigation’ (PIL) is related to:
(a) Article 14
(b) Article 19
(c) Article 21
(d) Article 32
Answer: (d)
Explanation: Public interest litigation (PIL) is a legal mechanism that allows any person to approach the court for the protection of the Fundamental Rights of others, and it is closely related to Article 32.
Which of the following is a feature of Public Interest Litigation (PIL)?
(a) It can be filed only by the aggrieved party.
(b) It can be filed by any person on behalf of the aggrieved party.
(c) It can be filed only by the State.
(d) It can be filed only with the permission of the Attorney General.
Answer: (b)
Explanation: PIL can be filed by any member of the public on behalf of those whose Fundamental Rights have been violated and who are unable to approach the court themselves.
The ‘doctrine of eclipse’ is related to:
(a) Article 13
(b) Article 14
(c) Article 19
(d) Article 32
Answer: (a)
Explanation: The ‘doctrine of eclipse’ states that a pre-constitutional law that is inconsistent with Fundamental Rights remains dormant to the extent of such inconsistency and is overshadowed by the Fundamental Rights.
The ‘doctrine of severability’ is associated with:
(a) Article 13
(b) Article 14
(c) Article 19
(d) Article 32
Answer: (a)
Explanation: The ‘doctrine of severability’ states that if a part of a law is found to be violative of Fundamental Rights, only that part is void, and the rest of the law remains valid, provided the void part is severable from the rest.
Which of the following is a correct statement regarding the waiver of Fundamental Rights?
(a) Fundamental Rights can be waived by an individual.
(b) Fundamental Rights cannot be waived by an individual.
(c) Fundamental Rights can be waived with the permission of the Supreme Court.
(d) Fundamental Rights can be waived during a national emergency.
Answer: (b)
Explanation: An individual cannot waive their Fundamental Rights. The courts have consistently held that these rights are not only for the benefit of the individual but also for the public good.
The concept of ‘judicial activism’ is most closely associated with:
(a) Article 14
(b) Article 19
(c) Article 21 and 32
(d) Article 35
Answer: (c)
Explanation: ‘Judicial activism,’ which involves the judiciary taking a proactive role in protecting and promoting citizens’ rights, is closely associated with Articles 21 and 32, particularly in expanding the scope of Article 21 and through the use of PIL under Article 32.
Which of the following is a criticism of Fundamental Rights?
(a) They are too absolute.
(b) They are not justiciable.
(c) They are expensive and difficult to enforce.
(d) They are subject to too many restrictions.
Answer: (d)
Explanation: One of the criticisms of Fundamental Rights is that they are subject to too many restrictions, which sometimes limits their effectiveness.
Which of the following is a suggestion for improving the enforcement of Fundamental Rights?
(a) Making them absolute and removing all restrictions
(b) Making them non-justiciable
(c) Increasing judicial activism and simplifying legal procedures
(d) Leaving their enforcement entirely to the executive
Answer: (c)
Explanation: Increasing judicial activism and simplifying legal procedures can help improve the enforcement of Fundamental Rights, making them more accessible to the common person.
The primary objective of Fundamental Rights is to:
(a) Ensure social equality
(b) Promote economic development
(c) Protect individual liberty
(d) Establish a welfare state
Answer: (c)
Explanation: The primary objective of Fundamental Rights is to protect individual liberty and prevent the encroachment of State power.
Which of the following is a correct statement regarding the relationship between Fundamental Rights and Directive Principles of State Policy?
(a) They are contradictory to each other.
(b) They are supplementary and complementary to each other.
(c) Fundamental Rights are superior to Directive Principles.
(d) Directive Principles are superior to Fundamental Rights.
Answer: (b)
Explanation: Fundamental Rights and Directive Principles are supplementary and complementary to each other. While Fundamental Rights protect individual liberties, Directive Principles lay down the goals for the State to achieve social and economic justice.
The ultimate guardian of Fundamental Rights is:
(a) The President
(b) The Parliament
(c) The Judiciary
(d) The Executive
Answer: (c)
Explanation: The judiciary, particularly the Supreme Court and the High Courts, is the ultimate guardian of Fundamental Rights, as they have the power to enforce these rights and strike down any law that violates them.