Fundamental Rights Archives

91. Equality before the law or equal protection of the laws within the ter

Equality before the law or equal protection of the laws within the territory of India is guaranteed under which one of the following Articles of the Constitution of India ?

[amp_mcq option1=”Article 14″ option2=”Article 15″ option3=”Article 16″ option4=”Article 22″ correct=”option1″]

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UPSC CDS-1 – 2021

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Article 14 of the Constitution of India guarantees the right to ‘Equality before the law or equal protection of the laws’ within the territory of India.

Article 14 is a fundamental right that prohibits discrimination and ensures that everyone is treated equally under the law, subject to reasonable classifications.

Article 15 prohibits discrimination on specific grounds (religion, race, caste, sex, place of birth). Article 16 guarantees equality of opportunity in public employment. Article 22 provides protection against arbitrary arrest and detention. While all these articles relate to equality in different aspects, Article 14 specifically contains the phrases “Equality before the law” and “Equal protection of the laws”.

92. What is the ground on which the Supreme Court can refuse relief under

What is the ground on which the Supreme Court can refuse relief under Article 32?

[amp_mcq option1=”The aggrieved person can get remedy from another court” option2=”That disputed facts have to be investigated” option3=”That no fundamental right has been infringed” option4=”That the petitioner has not asked for the proper writ applicable to his/her case” correct=”option3″]

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UPSC CDS-1 – 2020

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Article 32 of the Indian Constitution guarantees the right to move the Supreme Court for the enforcement of fundamental rights. The Supreme Court’s jurisdiction under Article 32 is specifically tied to the infringement of a fundamental right. If the Court determines that the petitioner’s fundamental right has not been violated, it can refuse to grant relief under Article 32.

Article 32 is a fundamental right in itself. The Supreme Court has held that it cannot refuse to entertain a petition under Article 32 merely because an alternative remedy is available, but the primary requirement is the violation of a fundamental right.

While issues like disputed facts might lead the court to direct the petitioner to a lower court or exercise caution, the fundamental ground for rejecting an Article 32 petition is the lack of violation of a fundamental right. The specific writ sought not being the ‘proper’ one might lead to the court issuing a different writ, but not necessarily refusing relief entirely if a fundamental right violation is established.

93. Which one of the following Articles of the Constitution of India prote

Which one of the following Articles of the Constitution of India protects a person against double jeopardy?

[amp_mcq option1=”Article 20″ option2=”Article 21″ option3=”Article 22″ option4=”Article 23″ correct=”option1″]

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UPSC CDS-1 – 2020

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Article 20(2) of the Constitution of India provides protection against double jeopardy.

Double jeopardy means that a person cannot be prosecuted and punished for the same offence more than once.

Article 20 provides three types of protection: (1) No ex-post-facto law (Article 20(1)), (2) No double jeopardy (Article 20(2)), and (3) No self-incrimination (Article 20(3)). Article 21 protects life and personal liberty. Article 22 provides protection against arrest and detention. Article 23 prohibits traffic in human beings and forced labour.

94. Which one of the following Articles of the Constitution of India lays

Which one of the following Articles of the Constitution of India lays down that no citizen can be denied the use of wells, tanks and bathing Ghats maintained out of State funds?

[amp_mcq option1=”Article 14″ option2=”Article 15″ option3=”Article 16″ option4=”Article 17″ correct=”option2″]

This question was previously asked in

UPSC CDS-1 – 2019

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The correct answer is B) Article 15.

Article 15 of the Constitution prohibits discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Specifically, Article 15(2) states that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

Article 14 guarantees equality before the law and equal protection of the laws. Article 16 guarantees equality of opportunity in matters of public employment. Article 17 abolishes Untouchability. While all these articles relate to equality and non-discrimination, Article 15(2) is the specific provision that directly addresses the use of public amenities like wells, tanks, and bathing ghats without discrimination on the prohibited grounds, addressing historical discrimination faced by certain communities.

95. Which one of the following statements relating to cultural and educati

Which one of the following statements relating to cultural and educational rights in India is not correct?

[amp_mcq option1=”Every section of the citizens has the right to conserve its language, script or culture.” option2=”No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds of religion, race or language.” option3=”The State shall, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a majority community.” option4=”All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.” correct=”option3″]

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UPSC CDS-1 – 2017

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Cultural and Educational Rights are primarily covered by Articles 29 and 30 of the Indian Constitution.
Statement A: Article 29(1) guarantees the right of any section of citizens with a distinct language, script, or culture to conserve the same. This is correct.
Statement B: Article 29(2) prohibits discrimination in admission to educational institutions maintained by the State or receiving State aid on grounds of religion, race, caste, or language. This is correct.
Statement C: Article 30(2) states that 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. The statement says the state will discriminate against institutions under the management of a *majority* community, which is the opposite of the constitutional provision. The Constitution protects minorities from such discrimination in aid, it does not endorse discrimination against the majority or against minorities in favour of the majority in this context. This statement is incorrect.
Statement D: Article 30(1) grants all minorities, religious or linguistic, the right to establish and administer educational institutions of their choice. This is correct.
Therefore, statement C is the one that is not correct.

Article 30(2) prohibits the state from discriminating against minority-managed educational institutions when granting aid. Statement C incorrectly applies this principle to majority communities and reverses the concept of non-discrimination.

Articles 29 and 30 are part of the Fundamental Rights in Part III of the Constitution. Article 29 protects the interests of minorities (and any section of citizens) by allowing them to conserve their distinct language, script, or culture and prohibiting discrimination in state-funded educational institutions. Article 30 specifically guarantees minorities the right to establish and administer their own educational institutions.

96. Which one of the following statements relating to protection against a

Which one of the following statements relating to protection against arrest and detention of individuals under Article 22 is not correct?

[amp_mcq option1=”No person who is arrested shall be detained in custody without being informed of the grounds for such arrest.” option2=”No person shall be denied the right to consult, and be defended by, a legal practitioner of his/her choice.” option3=”Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of one week of such arrest.” option4=”The right to protection against arrest is not available to a person in jail pursuant to a judicial order.” correct=”option3″]

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UPSC CDS-1 – 2017

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The statement that is not correct is C. Article 22(2) of the Constitution of India states that every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Magistrate’s court. The period is 24 hours, not one week.

Article 22 grants protection against arrest and detention in certain cases. It provides two main rights to a person arrested under ordinary law:
1. The right to be informed of the grounds for arrest (Article 22(1)).
2. The right to consult and be defended by a legal practitioner of his choice (Article 22(1)).
3. The right to be produced before a Magistrate within 24 hours of arrest (excluding journey time) (Article 22(2)).
4. The right not to be detained in custody beyond 24 hours without the authority of a Magistrate (Article 22(2)).

The rights under Article 22(1) and (2) are not available to (a) an enemy alien and (b) a person arrested or detained under any law providing for preventive detention. Option D is correct because once a person is in jail pursuant to a judicial order (e.g., after being produced before a magistrate and remanded to judicial custody or after conviction), the rights related to initial arrest and prompt production under Article 22(1) and (2) have already been fulfilled or do not apply in the context of continued detention based on a judicial directive.

97. Which one of the following statements regarding freedom to manage reli

Which one of the following statements regarding freedom to manage religious affairs as per the Constitution of India is not correct?

[amp_mcq option1=”Every religious denomination shall have the right to manage its own affairs in matters of religion except some minor communities.” option2=”Every religion or any section thereof shall have the right to own and acquire movable and immovable property.” option3=”Every religious community has the right to establish and maintain institutions for religious and charitable purposes.” option4=”Every community has the right to manage its own affairs in matters of religion.” correct=”option1″]

This question was previously asked in

UPSC CDS-1 – 2017

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The statement that is not correct is A. Article 26 of the Constitution of India grants religious denominations the right to manage their own affairs in matters of religion. This right applies to ‘every religious denomination or any section thereof’, without any exception for ‘some minor communities’.

Article 26, titled “Freedom to manage religious affairs”, provides four rights to every religious denomination:
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.

These rights are subject to public order, morality, and health. The term ‘religious denomination’ has been interpreted by courts and includes bodies having a common faith, a common organisation, and a distinct name. There is no distinction made in the Article between major or minor religious communities in terms of the fundamental rights granted under it.

98. Which of the following statements is/are correct regarding Right to Ed

Which of the following statements is/are correct regarding Right to Education in India?

1. Free and compulsory education should be provided to all children of the age of six to fourteen years.
2. The imperative of the provision of the Right to Education Act, 2009 is that schools must have qualified teachers and basic infrastructure.
3. There should be quality education without any discrimination on the ground of economic, social and cultural background.

Select the correct answer using the code given below.

[amp_mcq option1=”1, 2 and 3″ option2=”1 and 2 only” option3=”1 and 3 only” option4=”3 only” correct=”option1″]

This question was previously asked in

UPSC CDS-1 – 2017

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All three statements regarding the Right to Education in India are correct.

Article 21A of the Constitution guarantees the right to free and compulsory education for children aged 6 to 14 years. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, operationalises this fundamental right.

Statement 1 accurately reflects the mandate of Article 21A and the RTE Act. Statement 2 is correct as the RTE Act prescribes specific norms and standards for schools, including infrastructure, teacher qualifications, and pupil-teacher ratios, which are essential for ensuring quality education. Statement 3 is also correct; a primary objective of the RTE Act and the underlying constitutional principle is to provide equitable access to quality education for all children, irrespective of their economic, social, or cultural background, thereby eliminating discrimination in education.

99. Which of the following statements regarding Article 21 of the Constitu

Which of the following statements regarding Article 21 of the Constitution of India is/are correct?

1. Article 21 is violated when the under-trial prisoners are detained in judicial custody for an indefinite period.
2. Right to life is one of the basic human rights and not even the State has the authority to violate that right.
3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty.

Select the correct answer using the code given below.

[amp_mcq option1=”1, 2 and 3″ option2=”1 and 2 only” option3=”1 and 3 only” option4=”2 only” correct=”option2″]

This question was previously asked in

UPSC CDS-1 – 2017

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Statements 1 and 2 regarding Article 21 of the Constitution of India are correct.

Article 21 guarantees the fundamental right to Protection of Life and Personal Liberty. The Supreme Court of India has significantly expanded the scope of Article 21 through various judgments.

Statement 1 is correct. The Supreme Court has held that prolonged detention of under-trial prisoners violates their right to life and personal liberty under Article 21 (e.g., in Hussainara Khatoon v. State of Bihar). Statement 2 is correct. Right to life is universally recognized as a basic human right, and Article 21 protects this right against arbitrary state action. Statement 3 is incorrect. The Supreme Court has recognized the right of a woman to make reproductive choices (e.g., regarding abortion) as an important dimension of personal liberty under Article 21.

100. Which of the following statements with regard to preventive detention

Which of the following statements with regard to preventive detention in India is / are correct ?

The detenu has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India
The detenu has a right to challenge the detention order on the ground that he was already in jail when the detention order was passed
The detenu can claim bail on the ground that he has been in prison beyond twenty-four hours without an order of the magistrate

Select the correct answer using the code given below :

[amp_mcq option1=”1 and 2 only” option2=”2 only” option3=”3 only” option4=”1, 2 and 3″ correct=”option2″]

This question was previously asked in

UPSC CDS-1 – 2016

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Statement 1 is incorrect because a detenu has rights beyond Article 22(4) and (5), such as the right to challenge the detention order itself in court on grounds like vagueness of grounds, malafide intent, or exceeding the powers given by the law. Statement 3 is incorrect because Article 22(2), requiring production before a magistrate within 24 hours and the right to bail, applies to ordinary arrests, not preventive detention (as per Article 22(3)). Statement 2 is correct. A preventive detention order can be challenged if the person is already in custody and the grounds are not fresh or relevant to preventing future prejudicial acts after release. The Supreme Court has held that preventive detention cannot be used to keep a person in custody who is already in jail under normal law unless there are compelling fresh reasons.

Preventive detention is distinct from punitive detention; constitutional safeguards under Article 22, particularly clauses (4) and (5), apply, but not all rights applicable to ordinary arrest/detention (like mandatory production before magistrate within 24 hours) are available. The detention order can be challenged in court on various grounds.

Article 22(4) states that no law providing for preventive detention shall authorize detention for more than three months unless an Advisory Board has reported sufficient cause. Article 22(5) grants the detenu the right to be informed of the grounds of detention and to make a representation against the order.