About the Topic: Fundamental Rights are guaranteed by the Constitution of India to protect individual liberty and equality. Practice Fundamental Rights MCQ Questions with answers and explanations for UPSC preparation.
Correct Answer:
(C) Rights are claims of the citizens against the State.
Rights are essential for the complete development of human beings. The importance of rights has expanded immensely and has given birth to the concepts of 'fundamental rights' 'human rights' etc. Rights impose restrictions on the powers of the state. These are a guarantee against state action. Thus, rights are claims of the citizens against the state.
Ques: 2
Which of the following is given the power to enforce the Fundamental Rights by the Constitution?
Correct Answer:
(D)
The Supreme Court and High Courts
Article 13 of the Constitution grants power of Judicial Review to the Supreme Court, and High Courts in the case of violation of the Fundamental Rights, The Supreme Court (Art.32) and High Court (Art.226) in exercising their power may declare any law or enactment passed by the Legislature, void or unconstitutional, on ground of contravention to the Fundamental Rights.
Ques: 3
‘Fundamental Rights’ are:
Correct Answer:
(A) Justifiable
The fundamental rights are enforceable by the Courts, subjected to certain restrictions.
Ques: 4
Who among the following person said for the Fundamental Rights "a pledge to our people and a pact with the civilized world"?
Correct Answer:
(D)
Dr. S. Radha Krishnan
In the words of our 'philosopher king', Dr. S. Radhakrishnan, the Fundamental Rights are 'a pledge to our people and a pact with the civilized world'. And as the great jurist, Patanjali Sastry, the former Chief Justice of our Supreme Court said: "The whole object of Part III of the Constitution is to provide protection for the freedoms and rights mentioned therein against arbitrary invasion by the state".
Ques: 5
The rights are called Fundamental Rights because
i. It is written in the Constitution.
ii. It is democratic.
iii. It is public welfare.
iv. It is essential for personality development.
v. Parliament can't make law against it.
Codes:
Correct Answer:
(C) i, iv, v
The Fundamental Rights are written in the Constitution. They are essential for personality development. Parliament can't make laws against them since they are a part of basic structure of the Constitution.
Ques: 6
Fundamental Rights –
Correct Answer:
(D)
Can be suspended during Emergency
The fundamental rights are natural and non-transferable rights. Fundamental rights can only be suspended during emergency for which provision has been given under Art.358 and 359 of the Constitution. Fundamental rights under Article 20 and 21 can never be suspended.
Ques: 7
What is meant by 'Rule of Law'?
Correct Answer:
(A) One act for all and one judiciary for all
The 'Rule of Law' implies that the creation of laws, their enforcement and the relationship among legal rulers are themselves legally regulated, so that no one including the most highly placed official is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related nation is the idea of equality before the law, which holds that no legal person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions.
Ques: 8
Which of the following are regarded as the main features of the "Rule of Law"?
1. Limitation of powers
2. Equality before law
3. People's responsibility to the government
4. Liberty and civil rights
Select the correct answer using the code given below :
Correct Answer:
(C) 1, 2 and 4 only
Rule of law propounded by A.V. Dicey a British Jurist. His concept has the following three elements :
(a) Limitation of powers i.e. absence of arbitrary power. No man can be punished except for a breach of law.
(b) Equality before law i.e. equal subjection of all citizens to the ordinary law of the land, administered by ordinary law courts.
(c) Liberty and civil rights i.e. the Primacy of the rights of the individuals. The Constitution is the result of the rights of the individual as defi ned and enforced by the courts. Hence option
(c) becomes the most appropriate answer.
Ques: 9
Under which Article of the Constitution of India, Fundamental Rights have been provided to citizens?
Correct Answer:
(B) Articles 12 to 35
Part III (Art.12-35) of the Constitution enumerates 6 Fundamental Rights which are provided to citizens.
Ques: 10
Consider the following statements about the Fundamental Rights in India:
1. They are a guarantee against state action
2. They are enumerated in Part III of the Constitution
3. They ensure social, economic and political justice.
4. They are unlike Bill of Rights in the U.S.A.
Now, select the correct answer from the code given below:
Code :
Correct Answer:
(C) 1, 2 and 3 are correct
The fundamental rights are guaranteed by the Constitution of India against state action. These rights have been enumerated in part III of the Constitution. Thus statement 1 and 2 are correct. The socio economics Justice as visualized by the Indian constitution is found mostly in the Directive Principles of state policy part IV of the constitution of India and to a little extent in the chapter on fundamental Rights and certain other provisions of the constitution. These rights are like the Bill of Rights in U.S.A. Thus option (c) is the correct answer.
Ques: 11
Which one of the following Articles of the Indian Constitution puts an absolute limitation on the legislative power:
Correct Answer:
(A) Article 14
Under Article 14 of the Constitution of India, Equality before the law has been incorporated. Under Article 14, the state shall not deny any person equality before the law or the equal protection of laws within the territory of India on the grounds of religion, race, caste, sex or place of birth. Article 14 put a limitation on the legislative power.
Ques: 12
In which article of the constitution 'Equal Protection of Law' is provided?
Correct Answer:
(C) Article 14
Article 14 says that the state shall not deny to any person equality before the law' or 'the equal protection of the laws' within the territory of India. It confers rights on all persons, whether citizens or foreigners. The concept of Equal Protection of law is taken from the American constitution. It suggests
(a) The equality of treatment under equal circumstances, both in the privileges conferred & liabilities imposed by the laws.
(b) The similar application of the same laws to all persons who are similarly situated and
(c) The like should be treated alike without any discrimination.
Ques: 13
A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
Correct Answer:
(A) Article 14
The court exercises control over delegation of discretionary powers to the administration by adjudicating upon the constitutionality of the law under which such powers are delegated with reference to the fundamental rights enunciated in Part III of the Indian Constitution. Therefore, if the law confers vague and wide discretionary power on any administrative authority, it may be declared ultra vires Article 14, Article 19 and other provisions of the Constitution. Article 14 of the Constitution guarantees equality before law but the courts have permitted reasonable classification to be made. Where the law is valid under the article, a discriminatory action would still be violative of the equality clause. Hence, option (a) is correct.
Ques: 14
The Right to Equality is given by-
(1) Article 13
(2) Article 14
(3) Article 15
(4) Article 16
Use the code given below to choose the correct answer-
Code :
Correct Answer:
(C) 2,3 and 4
The right to equality has been incorporated in Part III of the Indian Constitution under Article 14 to 18. Article 14 deals with Right to Equality, Article 15 deals with Prohibition of Discrimination on ground of Religion, Race, Caste, Sex or place of Birth, Article 16 deals with equality of opportunity in the matter of Public employment, Article 17 deals with Abolition of Untouchability and Article 18 deals with Abolition of Title. Therefore Article 14, 15 and 16 provides Right to Equality. Thus option (c) is correct.
Ques: 15
Under which article of the Constitution reservations in admission to educational institutions, including private and unaided, to OBCs/ST/SC is made?
Correct Answer:
(B) Article 15(5)
Article 15 is related to the prohibition of discrimination on the ground of religion, race, caste, sex, or place of birth. Clause 5 to this Article empowers the State to make such special provisions relating to reservation in admission for Scheduled Castes or Scheduled Tribes in educational institutions which include private educational institutions, whether aided or unaided by the State other than the minority educational institutions referred to in clause (1) of Article 30. 93rd Amendment Act, 2005 enabled the provision of reservation (27%) for other backward classes in Government as well as in private educational institutions.
Fundamental Rights
Ques: 16
Which one of the following pairs is not correctly matched?
Correct Answer:
(D)
Right of minorities to establish and administer educational institutions - Article 31
The right of minorities to establish and administer educational institutions is provided under Article 30, while Article 31 was for compulsory acquisition of property which has been repealed by 44th Amendment Act, 1978 and now right to property is a legal right under Article 300-A in part XII of the constitution.
Ques: 17
Under which of the following Articles of the Indian Constitution, all minorities have the right to establish and administer educational institutions of their choice?
Correct Answer:
(C) Article 30
The right of minorities to establish and administer educational institutions is provided under Article 30, while Article 31 was for compulsory acquisition of property which has been repealed by 44th Amendment Act, 1978 and now right to property is a legal right under Article 300-A in part XII of the constitution.
Ques: 18
Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Correct Answer:
(B) Article 21
Article 21 of the Indian Constitution ensures the right to life, which includes the right to marry a person of one’s choice. This right can only be restricted by a law that is substantively and procedurally fair, just, and reasonable. The article clearly states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
In the Lata Singh v. State of Uttar Pradesh case, the Supreme Court recognized the right to marry as an integral part of the right to life under Article 21.
Article 19 guarantees fundamental freedoms, including the right to freedom of speech and expression, among others.
Article 25 provides every individual the freedom of conscience and the right to freely profess, practice, and propagate their religion, subject to considerations of public order, morality, and health.
Article 29 offers protection to cultural and educational rights, safeguarding the interests of both religious and linguistic minorities.
Ques: 19
Given below are two statements, one is labelled as Assertion (A) and the other as Reason(R).
Assertion (A) : Article 30 of the Constitution of India does not define the term' minorities.
Reason (R) : The Constitution recognises only linguistic and religious minorities.
Select the correct answer from the codes given below:
Codes :
(A) and (R) are true and (R) is the correct explanation of
(A).
Correct Answer:
(B) .
Article 30 of the Indian Constitution provides for the right of minorities to establish and administer educational institutions. All minorities, whether based on religion or language, shall have the right to establish and administer educational institution of their choice [Article 30(1)]. According to article 30(2), the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. So, it is clear that 'Minority' is not defined in this article. Hence, both the statements are correct but, Reason (R) is not the correct explanation of Assertion (A).
Ques: 20
Consider the following statements –
Article 301 is related to Right to Property.
Right to Property is a legal right but not a Fundamental Right.
Article 300-A was inserted in Indian Constitution by 44th Amendment during the period of Congress Government.
Which of aforesaid statements is/are correct?
Correct Answer:
(A) Only 2
Article 301 is related to freedom of trade, commerce and intercourse, and not with right to property. Right to property was a fundamental right under Article 19(1)(f), but by the 44thAmendment 1978, this Clause [19(1)(f)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of Janta Party Government. After that amendment, right to property became legal right and ceased to be a fundamental right. Thus, only statement 2 is correct.
Ques: 21
Which of the following rights can be enforced under Article 32 of the Indian Constitution?
Correct Answer:
(B) Fundamental Rights
Article 32 of the Constitution provides constitutional remedies against the violation or transgression of fundamental rights, conferred by Part III. The Supreme Court shall have the power to issue directions or orders or writs, including writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part-III. That is why the Supreme Court has been called as the Guardian of Fundamental Rights.
Ques: 22
The Guardian of Fundamental Rights is
Correct Answer:
(A) Judiciary
The Constitution of India has assigned Judiciary i.e. the Supreme Court of India and the High Courts, the responsibility of the protection of fundamental rights. The most significant of fundamental rights is the exclusive right to the constitutional remedies under Art. 32 and 226 of the Constitution of India. Thus, the Guardian of fundamental rights is Judiciary.
Ques: 23
Which one of the following statements is not correct?
Correct Answer:
(D)
The President of India is the Guardian of Fundamental Rights under the Constitution.
Ques: 24
Which one of the following is regarded as the protector of fundamental rights of citizens and Guardian of the Constitution of India?
Correct Answer:
(C) The Supreme Court
The Supreme Court of India is the protector of fundamental rights of citizens and Guardian of the Constitution of India because through right to constitutional remedies (Art. 32), it protects the fundamental rights of citizens. Besides, it interprets as well as enforce the provisions of the Constitution.
Ques: 25
Which one of the following rights was described by Dr. B.R. Ambedkar as the ‘Heart and Soul of the Constitution’?
Correct Answer:
(D)
Right to Constitutional Remedies
Dr. Bhimrao Ramji Ambedkar described Article 32 as the Heart and Soul of the Indian Constitution. In his words- “If I was asked to name any particular Article in this Constitution as the most important, an Article without which the Constitution would be a nullity, I could not refer to any other Article except this one (Article 32). It is the very soul of the Constitution and the heart of it.” It is also notable that on various occasions the Preamble to the Constitution is also recognized as the Soul of the Constitution, but according to Dr. Ambedkar Article 32 is Heart and soul of the Constitution.
Ques: 26
Which one of the following writs can be issued by a High Court to secure the liberty of the individual?
Correct Answer:
(C) Habeas Corpus
Article 226 of the Indian Constitution provides for the power of the High Courts to issue certain writs. To secure liberty of the individual, the High Court can issue the writ of Habeas Corpus. The writ is issued by the Court whose object is to secure the release of a person found to be detained illegally and secure the liberty of the individual. The Supreme Court also has the power to issue writs under Article 32 of Indian Constitution for the rights enumerated in Part III of the Constitution, i.e., Fundamental Right whereas High Court can issue writs related to legal rights also.
Fundamental Rights
Ques: 27
Which of the following provisions in the Constitution of India are associated with Affirmative Action?
1. Article 15
2. Article 16
3. Article 21
Select the correct answer using the code given below:
Correct Answer:
(C) 3 only
Article 15 of the Indian Constitution prohibits discrimination on the basis of religion, race, caste, sex, or place of birth, but it also includes a clause that allows the state to make special provisions for the advancement of socially and educationally backward classes, which is considered a key aspect of affirmative action.
Ques: 28
Consider the following statements:
No one can be compelled to sing the National Anthem since –
1. It will be violation of the Right to Freedom of Speech and Expression
2. It will be violation of the Right to Freedom of Conscience and Practice and Propagation of Religion
3. There is no legal provision obliging anyone to sing the National Anthem
In these statements –
Correct Answer:
(C) 1, 2 and 3 are correct
The Supreme Court overruled the decision of High Court pronounced in the case of Bijoe Emmanuel vs. State of Kerala. The court held that the expelling the children based on their “conscientiously held religious faith” violated the Constitution of India as enshrined in Article 19(1)(a) and 25(1). The court said that “No provision of law obliges anyone to sing the National Anthem.
Ques: 29
Which of the following fundamental rights is not available to foreign citizens?
Correct Answer:
(B) Right to Freedom of Expression
Under the Constitution, there are various fundamental rights which have been given both to citizen and noncitizen equally. These rights are :
(1) Equality Before Law (Art.14),
(2) Protection in respect of conviction for offence (Art.20),
(3) Protection of Life and Liberty (Art.21),
(4) Right to Education (Art.21-A),
(5) Right Against Exploitation (Art.23,24),
(6) Right to Freedom of Religion (Art. 25,26,27and 28).
Whereas the provision related to Article19(1)(a) (Freedom of speech and expression) is available only to citizens of India.
Ques: 30
Which of the following rights are not available to all persons in India?
Select your answer by using the code given below:
Equality Before the Law
Right Against Discrimination
Freedom to Move Freely throughout the Country
Right to Contest Election
Code :
Correct Answer:
(D)
2, 3, 4
The Right to 'equality before law' (Art.14) is available to every person in India but the Right against discrimination (Art.15,16,17), Right to move freely throughout the territory of India Art.19(1)(d) and Right to contest elections are available only to citizens of India.
Ques: 31
Which of the following rights conferred by the Constitution of India is also available to non-citizens?
Correct Answer:
(A) Right to Constitutional Remedies
The right to constitutional remedies is available to both citizens of India and non-citizens (foreigners) but right to freedom of speech, freely travel throughout the country and to acquire property is given only to the citizens of India.
Ques: 32
Which of the following Article/Articles read with the word ‘Socialist’ used in the Preamble of the Indian Constitution enabled the Supreme Court to deduce a fundamental right to Equal Pay for Equal Work?
Correct Answer:
(D)
Articles 14 and 16
Ques: 33
Supreme Court's judgement of Indra Sawhney Vs Union of India Case is related to which issue ?
Correct Answer:
(A) Regarding the issue of OBC reservation in Government employment
In Indra Sawhney etc. vs Union of India and Others, 1992 The supreme Court held that the reservation under Article 15 (4) and 16 (4) should not exceed 50 percent and the States and the Union have by and large accepted this as correct and it should be held as Constitutional Prohibition and any reservation beyond 50 percent would be liable to struck down.
Ques: 34
Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R):
Assertion (A) : The State can treat unequal differently with the objective of creating a level playing field in the social, economic and political spheres.
Reason (R) : Among equals the law should be equal and equally administered.
In the context of above statements select the correct answer.
(A) is true, but (R) is false.
(A) is false, but (R) is true.
Correct Answer:
(D)
.
Ques: 35
In the Indian Constitution the ‘Right to Freedom’ is granted by four Articles which are –
Correct Answer:
(A) Article – 19 to Article – 22
The right to freedom is granted in Indian Constitution from (Arts. 19-22) where Article 19 deals with protection of certain rights including right to freedom of speech, peaceful assembly for association or union, move freely settle and reside, etc. Article 20 deals with protection in respect of conviction for offences, Article 21 deal with right to life and personal liberty and Article 22 deals with protection against arrest and detention in certain circumstances.
Ques: 36
Prohibition of discrimination on the ground of religion etc. (Article 15 of the Constitution of India) is a Fundamental Right classifiable under:
Correct Answer:
(D)
The Right to Equality
Prohibition of discrimination on the ground of religion, race, caste, sex or place of birth is a fundamental right which is provided in Article 15 of the Indian Constitution under the category of Right to Equality (Art. 14-18).
Ques: 37
Which one of the following is not included in the fundamental right to equality as enshrined in the Indian Constitution?
Correct Answer:
(D)
Economic equality
The right to equality does not include economic equality as a Fundamental Rights.
Ques: 38
Article 24 of the Constitution of India prohibits the employment of child in factories related to hazardous works. Such prohibition is
Correct Answer:
(A) Absolute prohibition
As per Article 24, No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Such prohibition is absolute prohibition.
Ques: 39
What is the position of the Right to Property in India?
Correct Answer:
(B) (b) Legal right available to any person
The Right to Property is currently a legal right accessible to all individuals. Article 300-A of the Constitution states that no person shall be deprived of their property except through the authority of law.
Originally, the Right to Property was a Fundamental Right under Article 31 of the Constitution. This article ensured not only the right to own private property but also the freedom to use and dispose of it, subject only to reasonable restrictions. It also guaranteed compensation to individuals if their property was acquired for public purposes.
However, the Constitution (Forty-Fourth Amendment) Act of 1978 removed the Right to Property from the list of Fundamental Rights. This amendment repealed Article 31 and Article 19(1)(f), and instead introduced Article 300-A, thereby reclassifying the right as a constitutional legal right.
Ques: 40
Under what provision of the Constitution, untouchability has been abolished?
Correct Answer:
(C) Art. 17
Article 17 abolishes untouchability and declares that its practice in any form is forbidden and enforcement of any disability arising out of untouchability shall be an offence and punishable by law.