Fundamental Rights

31. Which one of the following is not a right guaranteed by Article 19 of

Which one of the following is not a right guaranteed by Article 19 of the Constitution of India ?

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Freedom of speech and expression
Freedom to practice any profession
Freedom to follow a religion of one's choice
Freedom to form associations or unions
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Article 19 of the Constitution guarantees six freedoms to citizens: freedom of speech and expression, assembly, association, movement, residence, and profession. The freedom to follow a religion of one’s choice is guaranteed under the Right to Freedom of Religion, specifically in Article 25, which states that all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion.
– Article 19 is available only to citizens of India.
– The freedoms guaranteed under Article 19 are not absolute and are subject to reasonable restrictions imposed by the state on grounds specified in the respective clauses of Article 19.
– Articles 25 to 28 deal with the Right to Freedom of Religion.
– Article 25 guarantees individual religious freedom, while Articles 26, 27, and 28 deal with the rights of religious denominations and institutions and freedom from religious taxation and instruction in certain educational institutions.

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32. In which one of the following Articles, does the Constitution of India

In which one of the following Articles, does the Constitution of India abolish ‘untouchability’ and its practice in any form ?

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Article 17
Article 18
Article 19
Article 15
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Article 17 of the Constitution of India explicitly abolishes ‘Untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of ‘Untouchability’ is to be an offence punishable in accordance with law.
– Article 17 is one of the fundamental rights included in Part III of the Constitution, specifically under the Right to Freedom (though sometimes categorized separately due to its significance).
– The Protection of Civil Rights Act, 1955 (originally the Untouchability (Offences) Act, 1955) was enacted by Parliament to give effect to Article 17.
– Article 15 prohibits discrimination on grounds only of religion, race, caste, sex, or place of birth.
– Article 18 abolishes titles.
– Article 19 guarantees several freedoms like speech, assembly, association, movement, residence, and profession.

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33. Which one of the following statements is not correct about the Right t

Which one of the following statements is not correct about the Right to Constitutional Remedies under Article 32 of the Constitution of India ?

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It is a right for the enforcement of Fundamental Rights.
The Supreme Court has the power to issue writs under this provision.
The rights guaranteed by this Article cannot be suspended.
The Parliament can empower any other court to exercise the powers of issuing writ under this provision.
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Statement C is not correct. While Article 32 itself is a fundamental right, the right to move the Supreme Court for the enforcement of other Fundamental Rights can be suspended by the President during a National Emergency under Article 359, except for the rights guaranteed by Articles 20 and 21. Statements A, B, and D are correct. Article 32 is for the enforcement of FRs (A). The Supreme Court has the power to issue writs under Article 32 (B). Article 32(3) allows Parliament to empower any other court to issue writs for enforcing FRs (D), though this power has not been exercised in a general manner, and High Courts already have this power under Article 226.
– Article 32 is considered the “heart and soul” of the Constitution by Dr. B.R. Ambedkar because it guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights.
– The Supreme Court can issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
– High Courts (under Article 226) can also issue writs, not only for the enforcement of Fundamental Rights but also for the enforcement of any other legal right.
– The suspension of Fundamental Rights during a National Emergency is subject to certain limitations and judicial review, as established by various Supreme Court judgments, particularly regarding Articles 20 and 21.

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34. Which of the following statements is/are correct? 1. Under Article 1

Which of the following statements is/are correct?

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  • 1. Under Article 14 of the Constitution of India, the State is bound to impart equal treatment to dissimilarly situated persons.
  • 2. The State can justify an unequal treatment between two similarly situated persons, if there is such a precedence of unequal treatment.

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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Statement 1 is incorrect. Article 14 guarantees equality before the law and equal protection of the laws. The principle of equal protection of laws implies that like should be treated alike and unlike should be treated differently. It does not mandate equal treatment to dissimilarly situated persons; rather, it allows for reasonable classification and differentiation between groups based on intelligible differentia and a rational nexus with the object sought to be achieved.
Statement 2 is incorrect. The State cannot justify unequal treatment between two similarly situated persons merely based on precedence. Article 14 prohibits arbitrary and discriminatory treatment. Any differentiation must be based on a reasonable classification that distinguishes persons into groups and applies a law equally to all within a group. Precedence alone is not a constitutional justification for violating the principle of equality among similarly situated individuals.
Article 14 embodies the rule of law and prohibits discrimination. It permits ‘reasonable classification’, which means treating dissimilarly situated persons differently, but this differentiation must be non-arbitrary and based on valid grounds. Treating similarly situated persons unequally is a violation of Article 14 unless a valid classification justifies the distinction, which is not the same as relying on mere precedence.
The Supreme Court has interpreted Article 14 widely to include the concept of reasonableness and non-arbitrariness. Any state action must satisfy the test of reasonableness to be in conformity with Article 14.

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35. Barring exceptions, no law providing for preventive detention shall au

Barring exceptions, no law providing for preventive detention shall authorize the detention of a person for a period longer than

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one month
two months
three months
two weeks
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Article 22(4) of the Constitution of India states that “No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless— (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention”. Thus, without a report from an Advisory Board, the maximum period of preventive detention is three months.
Article 22 provides protection against arrest and detention in certain cases. Clauses (1) and (2) deal with punitive detention, while clauses (3) to (7) deal with preventive detention. Preventive detention laws allow detention without trial for a limited period, but the Constitution imposes safeguards like the three-month limit without Advisory Board approval and the right to be informed of the grounds of detention.
Parliament has the exclusive power to make laws for preventive detention for reasons connected with defence, foreign affairs, or the security of India. Both Parliament and State Legislatures can make laws for preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community.

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36. A Writ of Prohibition is an order issued by the Supreme Court or High

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

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a government officer prohibiting him from taking a particular action.
the Parliament/Legislative Assembly to pass a law on Prohibition.
the lower court prohibiting continuation of proceedings in a case.
the Government prohibiting it from following an unconstitutional policy.
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A Writ of Prohibition is a judicial writ issued by a higher court (like the Supreme Court or a High Court) to a lower court or tribunal, ordering it to stop proceedings in a particular case because it is acting in excess of its jurisdiction or without jurisdiction.
The Writ of Prohibition is issued to a lower court or tribunal to prevent it from exceeding its jurisdiction.
Unlike Mandamus (ordering a public official to perform a duty) or Certiorari (quashing an order or removing a case), Prohibition is preventative – it stops an action before it is completed. It is specifically directed at judicial or quasi-judicial bodies.

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37. In essence, what does ‘Due Process of Law’ mean?

In essence, what does ‘Due Process of Law’ mean?

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The principle of natural justice
The procedure established by law
Fair application of law
Equality before law
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‘Due Process of Law’ is a legal principle that the state must respect all legal rights that are owed to a person according to the law. In essence, it means that when the state acts to deprive a person of life, liberty, or property, it must follow fair procedures, and the law itself must be fair, just, and reasonable. Option C, “Fair application of law,” best captures this essence, as it implies that the process is fair, and the law being applied is also just. Option B, “The procedure established by law,” is a contrasting concept, used in the Indian Constitution (Article 21 as originally interpreted) meaning the law can deprive a person of rights if a procedure is followed, even if the law itself is arbitrary. Due process includes fair procedure *and* fair law.
Due Process of Law is a broader concept than ‘Procedure Established by Law’. It serves as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The Indian Supreme Court, through its interpretations, especially since the Maneka Gandhi case (1978), has incorporated the principle of ‘due process’ by requiring the procedure established by law to be ‘fair, just, and reasonable’.
Natural Justice (Option A) consists of minimum rules of fair procedure, such as the right to a fair hearing and the rule against bias, and is considered a component of Due Process. Equality before law (Option D) is a separate fundamental right (Article 14) ensuring that all individuals are subject to and protected by the law equally.

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38. ‘Right to Privacy’ is protected under which Article of the Constitutio

‘Right to Privacy’ is protected under which Article of the Constitution of India?

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Article 15
Article 19
Article 21
Article 29
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The correct answer is C) Article 21.
In the landmark judgment of Justice 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 protected under the Constitution. While the Court noted that privacy has multiple facets that may overlap with other rights (like Article 19), it primarily rooted the Right to Privacy in the Right to Life and Personal Liberty guaranteed by Article 21.
Article 15 prohibits discrimination, Article 19 guarantees various freedoms (like speech, assembly), and Article 29 protects the interests of minorities. While aspects of privacy might relate to these articles, the comprehensive right to privacy as recognised by the Supreme Court is considered an intrinsic part of Article 21.

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39. What is the position of the Right to Property in India?

What is the position of the Right to Property in India?

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Legal right available to citizens only
Legal right available to any person
Fundamental Right available to citizens only
Neither Fundamental Right nor legal right
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Option B is the correct answer. The Right to Property is a legal right available to any person in India.
Originally a Fundamental Right under Article 31, the Right to Property was removed from Part III by the 44th Amendment Act, 1978. It was then placed under Article 300A in Part XII of the Constitution, making it a constitutional legal right. Article 300A states that “No person shall be deprived of his property save by authority of law,” protecting it against arbitrary executive action but allowing for deprivation by legislative action.
The phrasing “available to any person” is significant, distinguishing it from some fundamental rights that are available only to citizens (e.g., Article 15, 16, 19).

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40. Which one of the following categories of Fundamental Rights incorporat

Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination ?

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Right against Exploitation
Right to Freedom
Right to Constitutional Remedies
Right to Equality
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Article 17 of the Constitution of India abolishes “Untouchability” and forbids its practice in any form. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law. Article 17 falls under the category of the Right to Equality, which is guaranteed by Articles 14 to 18 in Part III of the Constitution.
A) Right against Exploitation (Articles 23-24): Deals with prohibition of forced labour and child labour.
B) Right to Freedom (Articles 19-22): Deals with fundamental freedoms, protection against arbitrary arrest, etc.
C) Right to Constitutional Remedies (Article 32): Guarantees the right to move the Supreme Court for enforcement of fundamental rights.
D) Right to Equality (Articles 14-18): Guarantees equality before law, prohibits discrimination, abolishes untouchability, etc.
Thus, protection against untouchability is incorporated within the Right to Equality.
– Article 17 abolishes untouchability.
– Article 17 is part of the Right to Equality (Articles 14-18).
Parliament has enacted laws like the Protection of Civil Rights Act, 1955 (originally Untouchability (Offences) Act, 1955) to give effect to Article 17 and prescribe punishments for the practice of untouchability. This right is absolute and not subject to any restrictions.

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