Fundamental Rights

51. The Constitution of India does not guarantee which one of the followin

The Constitution of India does not guarantee which one of the following as a fundamental right?

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Right to equality
Right against exploitation
Right to property
Right to carry on trade and business
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UPSC CAPF – 2021
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The Right to Property was originally included as a Fundamental Right under Article 31 and Article 19(1)(f) of the Indian Constitution. However, it was removed from the list of Fundamental Rights by the 44th Amendment Act of 1978. It was subsequently made a legal right under Article 300A, which states that “No person shall be deprived of his property save by authority of law.”
– Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35).
– Right to Equality is guaranteed under Articles 14-18.
– Right against Exploitation is guaranteed under Articles 23-24.
– Right to carry on trade and business is part of the Right to Freedom guaranteed under Article 19(1)(g).
– Fundamental Rights are enforceable against the State and are considered essential for the all-round development of individuals.
The removal of the Right to Property from the list of Fundamental Rights was a significant constitutional change, primarily aimed at facilitating land reform and social welfare legislation without extensive legal challenges based on the right to property. Although no longer a Fundamental Right, it remains a constitutional/legal right, meaning the state can only acquire or deprive a person of property based on law, not arbitrarily.

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52. Which one of the following statements about the provisions of the Cons

Which one of the following statements about the provisions of the Constitution of India is correct?

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Minorities can establish and administer educational institutions of their choice
Only linguistic, ethnic and religious minorities find mention under Article 30
Every religious denomination has unfettered right to establish and maintain institutions for religious and charitable purposes
An educational institution established by a religious minority loses its minority status on receiving financial aid from the Government
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UPSC CAPF – 2017
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The correct statement is that minorities can establish and administer educational institutions of their choice. This right is guaranteed by Article 30 of the Constitution of India.
Article 30(1) states: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.” This is a fundamental right designed to protect the cultural and educational rights of minorities.
Option B is incorrect because Article 30 specifically mentions ‘religious’ and ‘linguistic’ minorities, not ‘ethnic’ minorities. Option C is incorrect as the right of religious denominations to establish and maintain institutions (under Article 26) is subject to public order, morality, and health, and is not unfettered. Option D is incorrect; receiving financial aid from the government does not strip an educational institution of its minority status, and the state cannot discriminate against minority-managed institutions in granting aid (Article 30(2)).

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53. Who among the following are entitled to get the benefits of equality b

Who among the following are entitled to get the benefits of equality before the law and the equal protection of the laws as enshrined under Article 14 of the Constitution of India ?

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  • All Indian citizens living in India
  • All Indian citizens living abroad
  • Foreigners living within the territory of India
  • All citizens born in India

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1 and 2 only
1, 2 and 3
1 and 3 only
4
This question was previously asked in
UPSC CAPF – 2017
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Article 14 of the Constitution guarantees equality before the law and equal protection of the laws to ‘any person’. This includes both Indian citizens and foreigners residing within the territory of India. Therefore, statements 1 and 3 are correct.
The term ‘person’ in Article 14 covers not only Indian citizens but also foreign individuals and even legal persons like corporations. The protection is applicable to all persons within the territory of India.
Statement 2 is incorrect because the protection under Article 14 is territorial; it applies to persons within the territory of India. Indian citizens living abroad are not within this territory. Statement 4 is redundant or less precise than statement 1, as the key factor for Article 14’s application is presence within India’s territory, not just birthplace.

54. Which of the following statements is/are correct ? Article 15 of the

Which of the following statements is/are correct ?

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  • Article 15 of the Constitution of India is available to both citizens of India and the foreigners
  • Article 16 of the Constitution of India is available to the citizens of India only
  • Article 21 of the Constitution of India is available to both citizens of India and the foreigners alike within the territory of India

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1 only
2 and 3 only
3 only
1, 2 and 3
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UPSC CAPF – 2017
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Statement 1 is incorrect, while statements 2 and 3 are correct. Article 15 prohibits discrimination only for citizens. Article 16 provides equality of opportunity in public employment only to citizens. Article 21, protecting life and personal liberty, is available to both citizens and foreigners within India.
Certain fundamental rights are available only to citizens of India (e.g., Articles 15, 16, 19, 29, 30), while others are available to all persons, including foreigners (e.g., Articles 14, 20, 21, 22, 23, 24, 25, 26, 27, 28).
Article 15(1) states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 16(1) guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Article 21 states that no person shall be deprived of his life or personal liberty except according to procedure established by law. The word ‘person’ here includes both citizens and foreigners.

55. Which of the following are related to Right to Equality under the prov

Which of the following are related to Right to Equality under the provisions of Articles 14 – 18 of the Constitution of India ?

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  • 1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
  • 2. Equality of opportunity in matters of public employment
  • 3. Educational and cultural rights to minorities
  • 4. Abolition of untouchability

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1, 2 and 3
3 and 4
1, 2 and 4
1 and 2 only
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UPSC CAPF – 2014
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The Right to Equality is enshrined in Articles 14 to 18 of the Constitution of India. Statement 1 refers to Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth). Statement 2 refers to Article 16 (Equality of opportunity in matters of public employment). Statement 4 refers to Article 17 (Abolition of Untouchability). All three of these are specifically included within Articles 14-18. Statement 3, concerning the educational and cultural rights of minorities, is covered under Articles 29 and 30, which fall under the Right to Freedom of Religion and Cultural and Educational Rights, respectively, not the Right to Equality (Articles 14-18).
Article 14: Equality before law and equal protection of laws.
Article 15: Prohibition of discrimination.
Article 16: Equality of opportunity in public employment.
Article 17: Abolition of Untouchability.
Article 18: Abolition of titles.
Articles 29 & 30 deal with cultural and educational rights, including for minorities.
The Right to Equality is a fundamental right that forms the bedrock of the Indian democratic system, ensuring fairness and equal treatment for all citizens before the law and in public life, while also allowing for affirmative action (reservations) to address historical disadvantages.

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56. Which of the following does *not* relate to the Fundamental Rights as

Which of the following does *not* relate to the Fundamental Rights as enshrined in the Constitution of India ?

  • Free and compulsory education to all children of the age of 6-14 years
  • Prohibition of trafficking in human beings and forced labour
  • Improvement of Public health and prohibition of intoxicating drinks
  • Promotion of the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and Scheduled Tribes

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1 and 2
2 and 4
3 only
3 and 4
This question was previously asked in
UPSC CAPF – 2014
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The question asks which statement(s) do *not* relate to Fundamental Rights.
1. Free and compulsory education to all children of the age of 6-14 years: This is enshrined as a Fundamental Right under Article 21A (inserted by the 86th Amendment Act, 2002).
2. Prohibition of trafficking in human beings and forced labour: This is a Fundamental Right against exploitation under Article 23.
3. Improvement of Public health and prohibition of intoxicating drinks: This is a Directive Principle of State Policy (DPSP) under Article 47.
4. Promotion of the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and Scheduled Tribes: This is a Directive Principle of State Policy (DPSP) under Article 46.
Therefore, statements 3 and 4 do not relate to Fundamental Rights; they are part of the Directive Principles of State Policy.
Fundamental Rights are justiciable rights enforceable by courts, whereas Directive Principles of State Policy are guidelines for the state, which are non-justiciable. Specific provisions like promoting public health or interests of weaker sections fall under DPSPs.
Fundamental Rights are primarily contained in Part III of the Constitution (Articles 12-35), while Directive Principles are in Part IV (Articles 36-51). Although DPSPs are not legally enforceable, they are considered fundamental in the governance of the country and the state is expected to apply these principles in making laws.

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57. Which of the following statements is/are correct? 1. Offices connecte

Which of the following statements is/are correct?

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1. Offices connected with a religious or denominated institution may be reserved for members professing the particular religion to which the institution relates.
2. The State may reserve any post or appointment in favour of any backward class of citizens who, in the opinion of the State, are not adequately represented in the services under that State.
3. No citizen shall, on grounds of religion, race, caste, sex, descent, place of birth or any of them, be ineligible for any office under the State.

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1 and 2 only
2 and 3 only
1, 2 and 3
3 only
This question was previously asked in
UPSC CAPF – 2013
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The correct answer is (C) 1, 2 and 3.
– Statement 1: Article 16(5) of the Constitution provides an exception to the general rule of no discrimination in public employment. It states that a law may provide that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing the particular religion or belonging to the particular denomination to which the institution relates. This statement is correct.
– Statement 2: Article 16(4) allows the State to make provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. This statement is correct.
– Statement 3: Article 16(2) states that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. The statement correctly reflects the principle that these grounds cannot be the basis for declaring someone ineligible for office. This statement is correct.
– Article 16 guarantees equality of opportunity in matters of public employment. Clauses (4), (5), and (6) provide exceptions to this general rule, allowing for affirmative action and specific requirements in certain contexts.

58. The Indian military occupies a border village believed to be harbourin

The Indian military occupies a border village believed to be harbouring insurgents and asked the residents to vacate their houses in a night operation. Which one among the following statements is the correct interpretation of this incident?

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India is a democracy and no citizen can be asked to leave their home without a warrant. Hence, this act constitutes a human rights violation.
The military operation does not constitute a human rights violation as it is operating in an insurgency infested area.
Under the Indian Constitution, every individual is entitled to basic fundamental rights and hence the military cannot ask anyone to leave their house on mere suspicion of supporting insurgents. Hence, this act by the military constitutes a human rights violation.
Just mere suspicion of supporting insurgency cannot be used as a pretext to occupy a village. Hence, the military action constitutes a human rights violation.
This question was previously asked in
UPSC CAPF – 2011
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The correct interpretation is C. Forcing residents to vacate their homes on mere suspicion of supporting insurgents without due process infringes upon their fundamental rights guaranteed under the Indian Constitution and can be considered a human rights violation.
– The Indian Constitution guarantees fundamental rights, including the right to life and personal liberty (Article 21) and protections against arbitrary action.
– Asking citizens to vacate their homes, even in insurgency areas, based on mere suspicion and without proper legal procedure or compensation, is a significant restriction on their rights.
– While security forces operate under difficult conditions in insurgency areas and may have specific legal powers (like under AFSPA, if applicable), these powers are still subject to judicial review and are expected to be exercised reasonably and with minimum infringement on fundamental rights.
– Violations of fundamental rights by state actors, including the military, constitute human rights violations.
Human rights principles require that any restriction on rights must be necessary, proportionate, and in accordance with the law. Actions based on “mere suspicion” often fail these tests, especially when they involve displacing people from their homes. The judiciary in India has often intervened to protect citizens’ rights against excesses by security forces, emphasizing the importance of accountability and due process even in disturbed areas.

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59. Right to Information is

Right to Information is

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fundamental right
legal right
neither fundamental right nor legal right
both fundamental right as well as legal right
This question was previously asked in
UPSC CAPF – 2011
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The correct option is D. The Right to Information (RTI) is considered both a fundamental right and a legal right in India. The Supreme Court has held that the right to information is a fundamental right implied in the right to freedom of speech and expression (Article 19(1)(a)) and the right to life and personal liberty (Article 21). The Right to Information Act, 2005, is a statute enacted by Parliament that provides the legal framework and machinery for citizens to access information, thereby making it a legal right derived from the fundamental rights.
The question probes the legal nature of the Right to Information in India. It is established through statute (RTI Act, 2005) and recognized by the judiciary as integral to fundamental rights.
While the RTI Act grants it as a statutory (legal) right, its roots are in the fundamental rights guaranteed by the Constitution. The Supreme Court’s interpretations have solidified its status as a fundamental right essential for the functioning of a democracy and the dignity of life. Therefore, it is accurately described as both.

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60. Which one of the following is not a fundamental right?

Which one of the following is not a fundamental right?

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Right to equality
Right to liberty
Right against exploitation
Right to property
This question was previously asked in
UPSC CAPF – 2010
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Fundamental Rights are enshrined in Part III of the Constitution of India (Articles 12-35).
– Right to equality (Articles 14-18) is a fundamental right.
– Right to liberty (primarily covered under Articles 19-22, including Right to Freedom and Right to Life and Personal Liberty) is a fundamental right.
– Right against exploitation (Articles 23-24) is a fundamental right.
– Right to property was originally a fundamental right under Article 31. However, it was removed from the list of fundamental rights by the 44th Amendment Act, 1978, and made a legal right under Article 300A in Part XII of the Constitution.
– Fundamental Rights are guaranteed by the Constitution in Part III.
– The Right to Property was a fundamental right but is now only a legal right.
Making the Right to Property a legal right meant that it could be regulated or acquired by the state through due process of law and payment of compensation, without attracting the strict limitations placed on the abridgement of fundamental rights.

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