Fundamental Rights

21. Consider the following statements : 1. Conferment of Padma Awards do

Consider the following statements :

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  • 1. Conferment of Padma Awards does not amount to conferring title under Article 18 of the Constitution of India.
  • 2. No citizen of India shall accept any title from any foreign State.
  • 3. A person not being a citizen of India can be appointed by the Government of India to any office of profit and he/she can accept any title from any foreign State.

Which of the above statements is/are not correct?

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1 only
2 only
3 only
1, 2 and 3
This question was previously asked in
UPSC Combined Section Officer – 2019-20
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The statement that is NOT correct is statement 3.
– Statement 1: Conferment of Padma Awards does not amount to conferring title under Article 18 of the Constitution of India. This statement is correct. The Supreme Court in the Balaji Raghavan vs Union of India case (1996) held that the National Awards like Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri are not ‘titles’ within the meaning of Article 18(1) and therefore their conferment does not violate the prohibition on titles. However, the Court recommended that the awardees should not use them as prefixes or suffixes to their names.
– Statement 2: No citizen of India shall accept any title from any foreign State. This statement is correct. Article 18(2) explicitly prohibits a citizen of India from accepting any title from any foreign state.
– Statement 3: A person not being a citizen of India can be appointed by the Government of India to any office of profit and he/she can accept any title from any foreign State. This statement is incorrect. Article 18(3) states that no person who is not a citizen of India and while he holds any office of profit or trust under the State shall, without the consent of the President, accept any title from any foreign State. Thus, a non-citizen holding an office of profit under the government cannot accept a foreign title without the President’s consent; they cannot accept it freely.
Article 18 is part of the Fundamental Right to Equality and aims to abolish artificial titles that create distinctions based on status, inherited or conferred. It promotes the principle of equal status. The restrictions on accepting foreign titles apply differently to citizens and non-citizens holding office under the state.

22. Which one of the following Fundamental Rights cannot be restricted on

Which one of the following Fundamental Rights cannot be restricted on the ground of morality?

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Right of freedom under Article 19(1)(a)
Right under Article 25
Right of freedom under Article 19(1)(d)
Right under Article 26
This question was previously asked in
UPSC Combined Section Officer – 2019-20
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The Fundamental Right that cannot be restricted on the ground of morality is the Right of freedom under Article 19(1)(d).
Fundamental Rights are subject to certain reasonable restrictions mentioned in the clauses following the rights. We need to check the grounds for restriction for each given Article.
– A) Article 19(1)(a): Freedom of speech and expression. Restrictions under Article 19(2) can be imposed on grounds including public order, decency or *morality*.
– B) Article 25: Freedom of conscience and free profession, practice and propagation of religion. This right is guaranteed under Article 25(1) subject to public order, *morality*, and health, and other provisions of Part III.
– C) Article 19(1)(d): Freedom to move freely throughout the territory of India. Restrictions under Article 19(5) can be imposed in the interests of the general public or for the protection of the interests of any Scheduled Tribe. *Morality* is not listed as a ground for restriction under Article 19(5).
– D) Article 26: Freedom to manage religious affairs. This right is guaranteed subject to public order, *morality*, and health.
Therefore, Article 19(1)(d) is the right whose restriction clause (Article 19(5)) does not include ‘morality’ as a ground.
The grounds for imposing reasonable restrictions vary for different freedoms guaranteed under Article 19 and different rights in Part III. It is important to refer to the specific restriction clauses associated with each right (e.g., 19(2) for 19(1)(a), 19(3) for 19(1)(b), 19(4) for 19(1)(c), 19(5) for 19(1)(d), (e), (f), and 19(6) for 19(1)(g)). For religious freedoms under Articles 25 and 26, public order, morality, and health are common grounds for restriction.

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23. If any person other than the one covered under Article 30 of the Const

If any person other than the one covered under Article 30 of the Constitution of India establishes a college, which Fundamental Right can be claimed by him/her for managing that institution?

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Right to equality under Article 14
Right to one of the freedoms under Article 19(1)
Right under Article 29
Right under Article 41
This question was previously asked in
UPSC Combined Section Officer – 2019-20
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If a person other than one covered under Article 30 establishes a college, the Fundamental Right that can be claimed for managing that institution is the right under Article 19(1)(g).
– Article 30 grants minorities (religious or linguistic) the right to establish and administer educational institutions of their choice. This right is specifically for minorities.
– The question concerns a person *other than* one covered under Article 30, meaning a person belonging to the majority community or a non-minority group.
– A) Article 14 (Right to equality) is relevant for non-discrimination but does not grant the specific right to establish and manage an institution.
– B) Article 19(1)(g) guarantees all citizens the right to practice any profession, or to carry on any occupation, trade or business. The Supreme Court has held that establishing and managing an educational institution is a fundamental right available to all citizens under Article 19(1)(g), subject to reasonable restrictions under Article 19(6). This is the basis for the right of non-minorities to establish and administer educational institutions.
– C) Article 29 (Protection of interests of minorities) protects the cultural and educational rights of minorities. It is not applicable to non-minorities establishing institutions.
– D) Article 41 is a Directive Principle of State Policy related to the right to work, education, etc., not a Fundamental Right that an individual can claim to manage an institution.
The right of non-minorities to establish and administer educational institutions under Article 19(1)(g) is subject to reasonable restrictions imposed by law, which can include regulations aimed at maintaining educational standards, ensuring proper management, etc. This right is distinct from the special rights granted to minorities under Article 30.

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24. Under which Article of the Constitution of India can reservations for

Under which Article of the Constitution of India can reservations for physically challenged persons be justified?

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Article 14 and/or Article 16(1)
Article 15(4)
Article 16(4)
Article 16(6)
This question was previously asked in
UPSC Combined Section Officer – 2019-20
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Reservations for physically challenged persons can be justified under Article 14 and/or Article 16(1) of the Constitution of India.
– Article 14 guarantees equality before the law and equal protection of the laws. This principle allows for reasonable classification for the purpose of legislation, enabling the state to make special provisions for disadvantaged groups to achieve substantive equality. Physically challenged persons form such a group.
– Article 16(1) guarantees equality of opportunity in matters of public employment. This right is interpreted to allow for affirmative action measures, like reservations, to address historical disadvantages and ensure that marginalized groups, including persons with disabilities, have a fair chance in public employment.
– Articles 15(4) and 16(4) specifically deal with reservations for Scheduled Castes, Scheduled Tribes, and Socially and Educationally Backward Classes. They are based on social and educational backwardness, not physical disability.
– Article 16(6) deals with reservations for Economically Weaker Sections (EWS).
Therefore, the constitutional justification for reservations for persons with disabilities stems from the broader principles of equality and equal opportunity enshrined in Articles 14 and 16(1), allowing the state to take affirmative steps for their inclusion and advancement.
While Articles 15(4) and 16(4) provide specific constitutional backing for reservations for certain groups, affirmative action for other disadvantaged groups, including persons with disabilities, women, etc., is typically rooted in the general principles of equality under Articles 14 and 16(1). Specific laws, like the Rights of Persons with Disabilities Act, 2016, mandate these reservations, drawing their constitutional validity from these general equality provisions.

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25. Which one among the following legal maxims means ‘we command’?

Which one among the following legal maxims means ‘we command’?

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Habeas corpus
Mandamus
Audi alteram partem
Non bis in idem
This question was previously asked in
UPSC CISF-AC-EXE – 2024
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Among the given legal maxims, ‘Mandamus’ means ‘we command’.
Mandamus is a writ issued by a superior court to a lower court, tribunal, public authority, or corporation, commanding it to perform a public duty that it is legally bound to perform. It is one of the five prerogative writs in the Indian Constitution.
A) Habeas corpus means ‘You may have the body’, a writ used to bring a person before a court to determine if detention is lawful.
C) Audi alteram partem means ‘hear the other side’, a principle of natural justice.
D) Non bis in idem means ‘not twice in the same thing’ or ‘double jeopardy’, a principle preventing a person from being tried twice for the same offense.

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26. Which one of the following is the most accurate meaning of the term ‘t

Which one of the following is the most accurate meaning of the term ‘the State’, as defined in Part-III of the Constitution of India ?

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The Union Government, all State Governments and all local authorities within the territory of India
The Parliament of India and State Legislatures
The Union Government and the Parliament of India
The Union Government, all State Governments, Parliament of India and all State Legislatures and all local or other authorities within the territory of India
This question was previously asked in
UPSC CISF-AC-EXE – 2023
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Part III of the Constitution of India (Fundamental Rights) defines ‘the State’ in Article 12. According to Article 12, the term “the State” includes:
– The Government and Parliament of India
– The Government and the Legislature of each of the States
– All local or other authorities within the territory of India
– All local or other authorities under the control of the Government of India.
Option D provides the most comprehensive list that aligns precisely with the definition given in Article 12, including the Union Government, all State Governments, Parliament, State Legislatures, and all local or other authorities.
– The definition of ‘the State’ under Article 12 is crucial for understanding against whom fundamental rights are enforceable.
– The definition is broad, encompassing not just the executive and legislative branches at the Union and State levels, but also local bodies and other authorities exercising governmental power.
The term “other authorities” has been subject to judicial interpretation over time. The courts have held that ‘other authorities’ can include statutory and non-statutory bodies that have the power to make laws, rules, or regulations, or which are under the deep and pervasive control of the government. Examples include public sector undertakings, universities, etc., when they act as an instrumentality of the State.

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27. Which of the following best describes a remedy where a person can be c

Which of the following best describes a remedy where a person can be commanded to perform some public duty which s/he has refused to perform ?

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Mandamus
Prohibition
Certiorari
Quo Warranto
This question was previously asked in
UPSC CISF-AC-EXE – 2020
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Mandamus is the writ that commands a public official or body to perform a public duty they are legally required to perform but have refused.
– Mandamus (meaning ‘we command’) is a judicial remedy in the form of an order from a superior court to any government subordinate court, corporation, or public authority to do some specific act which that body is obliged under law to do.
– Prohibition prevents a lower court/tribunal from exceeding jurisdiction.
– Certiorari quashes an order or transfers a case from a lower court/tribunal.
– Quo Warranto questions the legality of a person’s claim to a public office.
Writs are powerful instruments for enforcing fundamental rights and ensuring administrative legality. Mandamus is particularly important for compelling public authorities to perform their statutory duties, thereby upholding the rule of law.

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28. Which of the following statements according to the Constitution of Ind

Which of the following statements according to the Constitution of India is/are correct?

  • 1. Equality before the law is available to the citizens of India only.
  • 2. Equality of opportunity in the matters of public employment is available to citizens of India only.
  • 3. Right to freedom of speech and expression is available to all persons residing in India.

Select the correct answer using the code given below.

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1 only
2 only
3 only
1, 2 and 3
This question was previously asked in
UPSC CISF-AC-EXE – 2019
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Statement 2 is correct. Article 16, guaranteeing equality of opportunity in matters of public employment, is a fundamental right available only to citizens of India. Statements 1 and 3 are incorrect. Article 14 (Equality before law and equal protection of laws) is available to all ‘persons’ (citizens and non-citizens). Article 19 (which includes the right to freedom of speech and expression) is available only to ‘citizens’.
Some fundamental rights are available to all persons residing in India, while others are available exclusively to citizens. This distinction is based on the nature of the right.
Rights available only to citizens include those under Articles 15, 16, 19, 29, and 30. Rights available to both citizens and foreigners include those under Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, and 28.

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29. Which one of the following Articles of the Constitution of India provi

Which one of the following Articles of the Constitution of India provides 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 ?

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Article 14
Article 12
Article 13
Article 15
This question was previously asked in
UPSC CISF-AC-EXE – 2018
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Article 14 of the Constitution of India provides for equality before the law and equal protection of the laws.
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.” It is a cornerstone of the Fundamental Rights.
Article 12 defines the term ‘State’ as used in Part III (Fundamental Rights). Article 13 declares that laws inconsistent with or in derogation of the Fundamental Rights shall be void. Article 15 prohibits discrimination on grounds only of religion, race, caste, sex or place of birth.

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30. Which one of the following statements with regard to the right to free

Which one of the following statements with regard to the right to freedom of religion in India is not correct?

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This right gives all persons freedom of conscience.
It does not permit educational institutions maintained entirely by State funds to impart religious instructions.
It prevents the State from making a law providing for social welfare and reforms.
The reference to Hindu includes Sikhs, Jains and Buddhists.
This question was previously asked in
UPSC CISF-AC-EXE – 2017
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The correct answer is It prevents the State from making a law providing for social welfare and reforms.
This statement is incorrect. The right to freedom of religion, guaranteed under Articles 25-28 of the Constitution, is subject to certain restrictions, including public order, morality, health, and other Fundamental Rights. Furthermore, Article 25(2)(a) explicitly allows the State to make laws providing for social welfare and reform, even if they regulate activities associated with religious practice. Examples include laws prohibiting Sati, preventing child marriage, allowing entry into temples, etc.
Statements A, B, and D are correct. Article 25 grants freedom of conscience and the right freely to profess, practise and propagate religion. Article 28(1) prohibits religious instruction in any educational institution wholly maintained out of State funds. Explanation II to Article 25 clarifies that the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

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