Articles of the Constitution

21. Which of the following statements in terms of Article 14 of the Consti

Which of the following statements in terms of Article 14 of the Constitution of India is/are correct ?

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  • Article 14 would apply only when invidious discrimination is meted out to equals and similarly circumstanced without any rational basis
  • Article 14 guarantees equality before the law or the equal protection of the laws within the territory of India

Select the correct answer using the code given below :

1 only
2 only
Both 1 and 2
Neither 1 nor 2
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UPSC CISF-AC-EXE – 2023
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Both statement 1 and statement 2 are correct regarding Article 14 of the Constitution of India.
Article 14 states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
Statement 1 describes the principle of ‘equal protection of the laws’, which allows for differential treatment of unequal persons if based on a reasonable classification, but prohibits arbitrary or invidious discrimination among equals. Statement 2 is a direct articulation of the twin concepts embodied in Article 14: ‘equality before the law’ (a negative concept preventing special privileges) and ‘equal protection of the laws’ (a positive concept requiring equal treatment under equal circumstances). Both concepts are applicable within India’s territory to all persons, citizens and non-citizens alike.

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22. Persons belonging to the third gender category cannot be discriminated

Persons belonging to the third gender category cannot be discriminated against by the State and its institutions. Which Articles of the Constitution support this interpretation by the Supreme Court?

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Articles 14 and 19
Articles 16 and 21
Articles 14 and 21
Articles 19 and 32
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UPSC CISF-AC-EXE – 2020
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The correct answer is Articles 14 and 21.
– In the National Legal Services Authority (NALSA) vs. Union of India judgment (2014), the Supreme Court recognized transgender persons as the ‘third gender’.
– The Court held that discrimination on the basis of ‘gender identity’ is prohibited under the Constitution.
– The judgment primarily relied on Articles 14 (Equality before law and equal protection of laws) and 21 (Protection of life and personal liberty) to uphold the rights and dignity of transgender individuals.
– The Court also invoked Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and Article 16 (Equality of opportunity in matters of public employment), interpreting ‘sex’ to include gender identity.
– Article 19 (Protection of certain rights regarding freedom of speech, etc.) was also cited regarding the right to express one’s gender identity.
– While Articles 14, 15, 16, 19, and 21 are all relevant, Articles 14 and 21 are fundamental to the Court’s reasoning on dignity, self-determination, and non-discrimination regarding gender identity, making option C the most central and accurate choice among the given options.

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23. Which Article of the Constitution of India provides for the right of m

Which Article of the Constitution of India provides for the right of minorities to establish and administer educational institutions?

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Article 27
Article 28
Article 29
Article 30
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Article 30 of the Constitution of India provides for the right of minorities (religious or linguistic) to establish and administer educational institutions of their choice.
This right is guaranteed to minorities to protect their distinct culture, language, and script and to ensure their overall development.
Article 29 protects the interests of minorities to conserve their distinct language, script, or culture. Article 30 complements Article 29 by giving minorities a mechanism to protect their culture through education. The state shall not discriminate against any educational institution managed by a minority community in granting aid.

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24. Which one of the following Articles of the Constitution of India is re

Which one of the following Articles of the Constitution of India is related to the Address of the President at the commencement of the first session of the Parliament each year ?

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Article 84
Article 85
Article 87
Article 97
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Article 87 of the Constitution of India is related to the Special Address by the President.
Article 87 provides that the President shall address both Houses of Parliament assembled together at the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year.
Article 84 deals with the qualification for membership of Parliament. Article 85 relates to the sessions of Parliament, prorogation, and dissolution. Article 97 deals with the salaries and allowances of the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People. Article 86 relates to the right of the President to address and send messages to Houses.

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25. Under which one of the following Articles of the Constitution of India

Under which one of the following Articles of the Constitution of India is the right to property a constitutional right?

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Article 41
Article 300A
Article 19
Article 38
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Initially, the right to property was a fundamental right under Article 19(1)(f) (freedom to acquire, hold, and dispose of property) and Article 31 (compulsory acquisition of property). The 44th Amendment Act, 1978, repealed Article 19(1)(f) and Article 31 from the list of fundamental rights. It inserted Article 300A in Part XII of the Constitution, which states that “no person shall be deprived of his property save by authority of law.” This made the right to property a constitutional right (or a legal right), but not a fundamental right.
The 44th Amendment Act, 1978, changed the status of the right to property from a fundamental right to a constitutional/legal right.
Article 41 is a Directive Principle of State Policy related to the right to work, education, and public assistance. Article 19 lists the fundamental rights regarding freedom (such as speech, assembly, etc.), which originally included property but no longer does. Article 38 is a Directive Principle related to the State securing a social order for the promotion of the welfare of the people.

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26. Under which of the following Articles of the Constitution of India, ha

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?

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Article 15
Article 16
Article 19
Article 21
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UPSC IAS – 2024
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The correct option is D.
In the landmark judgment of K.S. Puttaswamy (Retd.) vs Union of India (2017), the Supreme Court of India unanimously held that the Right to Privacy is a fundamental right. The Court ruled that privacy is an intrinsic part of the Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution.
While aspects of privacy may overlap with other fundamental rights (like freedom of speech and expression under Article 19, or protection against self-incrimination under Article 20(3)), the Supreme Court’s judgment explicitly rooted the comprehensive Right to Privacy within Article 21.

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27. Consider the following statements: Statement-I: The Supreme Court of I

Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.
Statement-II: Article 335 of the Constitution of India defines the term ‘efficiency of administration’.
Which one of the following is correct in respect of the above statements?

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Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
Statement-I is correct but Statement-II is incorrect
Statement-I is incorrect but Statement-II is correct
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UPSC IAS – 2023
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Statement-I is correct, but Statement-II is incorrect.
Statement-I: The Supreme Court of India has indeed held in several judgments that the State’s power to make reservations under Article 16(4) must be exercised while keeping in view the maintenance of efficiency of administration, as stipulated in Article 335. This balancing act is a key aspect of reservation jurisprudence in India.
Statement-II: Article 335 of the Constitution states that the claims of SCs and STs shall be considered “consistently with the maintenance of efficiency of administration”. However, it does not define the term ‘efficiency of administration’. The scope and meaning of this term in the context of reservations have been subject to judicial interpretation rather than being defined in the Article itself.
Important Supreme Court cases like M. Nagaraj (2006) and Jarnail Singh (2018, 2022) have elaborated on the principles governing reservations, reaffirming that quantifiable data on backwardness, inadequacy of representation, and the impact on administrative efficiency (derived from Article 335) are essential considerations.

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28. A legislation which confers on the executive or administrative authori

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?

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Article 14
Article 28
Article 32
Article 44
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UPSC IAS – 2021
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A legislation that confers unguided and uncontrolled discretionary power on executive or administrative authority in the application of law violates the principle of equality before the law and equal protection of the laws guaranteed by Article 14 of the Constitution of India. If discretion is unguided, it can be exercised arbitrarily, leading to discriminatory treatment among individuals similarly situated, which offends the rule of law and equality. Indian courts have repeatedly held that administrative discretion must be guided by principles or standards, although the guidelines need not be explicitly stated in the statute itself and can be inferred from the policy and object of the Act.
– Article 14 guarantees equality before the law and equal protection of the laws.
– Unguided discretionary power can lead to arbitrary and discriminatory actions.
– Arbitrary action is the antithesis of equality.
The Supreme Court of India has emphasized that discretion should not be “untrammeled and absolute” but must be guided. While some degree of discretion is necessary for administration, it must be capable of being exercised reasonably and not arbitrarily.

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29. Consider the following statements in respect of Bharat Ratna and Padma

Consider the following statements in respect of Bharat Ratna and Padma Awards :

  • 1. Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.
  • 2. Padma Awards, which were instituted in the year 1954, were suspended only once.
  • 3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.

Which of the above statements are not correct?

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1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
This question was previously asked in
UPSC IAS – 2021
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The question asks for statements that are *not correct*. Let’s examine each statement:
Statement 1: Bharat Ratna and Padma Awards are *not* titles under Article 18(1) of the Constitution. The Supreme Court in the Balaji Raghavan case (1996) upheld the constitutional validity of these awards, stating they do not amount to ‘titles’ prohibited by Article 18, although they should not be used as prefixes or suffixes. Thus, Statement 1 is not correct.
Statement 2: Padma Awards, instituted in 1954, have been suspended *more than once*. They were suspended during the periods 1978-1979 and 1992-1995. Thus, Statement 2 is not correct.
Statement 3: The number of Bharat Ratna Awards is restricted to a maximum of *three* in a particular year, not five. Thus, Statement 3 is not correct.
Since all three statements are not correct, the correct option is D.
– Bharat Ratna and Padma Awards are not considered ‘titles’ under Article 18(1).
– Padma Awards have been suspended on more than one occasion.
– The maximum number of Bharat Ratna awards in a year is limited to three.
Article 18(1) of the Constitution prohibits the State from conferring titles other than military or academic distinctions. The Supreme Court judgment in Balaji Raghavan vs. Union of India clarified that these awards are not violative of Article 18(1). The awards were first instituted in 1954 but were discontinued from July 1977 to January 1980 and again from August 1992 to December 1995. The limit of three Bharat Ratna awards per year is a convention, not a constitutional restriction, but has been largely followed.

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30. Under which one among the following Articles of the Constitution of In

Under which one among the following Articles of the Constitution of India, a member of a Civil Service, whether of the Union or of a State, seeks protection from unlawful dismissal from service ?

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Article 309
Article 311
Article 315
Article 320
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UPSC CAPF – 2024
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The correct option is B, Article 311.
Article 311 of the Constitution of India provides constitutional safeguards to civil servants (members of the Union or State civil service or all-India service) against arbitrary dismissal, removal, or reduction in rank. It states that no such person shall be dismissed or removed by an authority subordinate to that by which he was appointed. It also provides for an inquiry where the person is informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges, before being dismissed, removed, or reduced in rank. This is the source of protection from unlawful dismissal or removal from service for civil servants.
Article 309 empowers Parliament and State Legislatures to regulate the recruitment, and conditions of service of persons appointed to public services and posts.
Article 315 provides for the establishment of a Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs).
Article 320 outlines the functions of the Public Service Commissions, including conducting examinations for appointments, consulting on appointments, promotions, transfers, and disciplinary matters.
Article 311 is a crucial provision ensuring security of tenure for civil servants, protecting them from political pressure or arbitrary action by the executive. However, there are certain exceptions to the requirement of inquiry under Article 311(2), such as when a person is dismissed on the ground of conduct which has led to his conviction on a criminal charge, or where the authority is satisfied that it is not reasonably practicable to hold such inquiry, or where the President or the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.

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