Fundamental Rights Archives

71. Which one of the following is not a Fundamental Right under the Consti

Which one of the following is not a Fundamental Right under the Constitution of India?

[amp_mcq option1=”Right to property” option2=”Right against exploitation” option3=”Right to constitutional remedies” option4=”Cultural and educational right” correct=”option1″]

This question was previously asked in

UPSC Geoscientist – 2022

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The Right to property is not a Fundamental Right under the Constitution of India. It was originally a Fundamental Right under Article 31.

The 44th Amendment Act, 1978, repealed Article 31 and removed the Right to Property from the list of Fundamental Rights. It was made a legal right under Article 300A, which states that no person shall be deprived of his property save by authority of law.

Rights against exploitation (Articles 23-24), Right to constitutional remedies (Article 32), and Cultural and educational rights (Articles 29-30) are all currently enshrined as Fundamental Rights in Part III of the Constitution.

72. Which one of the following is not applicable to a writ of Habeas

Which one of the following is not applicable to a writ of Habeas Corpus?

[amp_mcq option1=”It is a powerful safeguard to citizens against arbitrary acts of the State” option2=”It can be invoked for the enforcement of Fundamental Rights” option3=”The writ may be addressed to any person, private or official, who has another person in his custody” option4=”It secures the release of a person who has been imprisoned by a court of law on a criminal charge” correct=”option4″]

This question was previously asked in

UPSC Geoscientist – 2022

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A writ of Habeas Corpus is a legal remedy used to challenge the legality of detention or confinement. It secures the release of a person who has been unlawfully detained, but it is generally not applicable to secure the release of a person imprisoned by a court of law after a valid conviction on a criminal charge.

Habeas Corpus serves as a powerful safeguard against arbitrary state action (A) and can be invoked for the enforcement of Fundamental Rights, particularly Article 21 (Right to life and personal liberty) (B). The writ can be addressed to anyone, state authority or private person, who is holding someone in custody (C).

If a person is convicted and imprisoned by a competent court, the appropriate legal recourse is typically appeal or revision against the conviction, not Habeas Corpus, unless the conviction or the court’s jurisdiction itself is fundamentally flawed rendering the detention unlawful.

73. Which one of the following is not a correct statement with reference t

Which one of the following is not a correct statement with reference to the Constitution of India?

[amp_mcq option1=”The Constitution (Eighty-Fifth) Amendment Act has inserted the ‘Right to Education’ under Article 21A.” option2=”Article 22 talks about preventive detention.” option3=”Right to Constitutional Remedies is in Part-III of the Constitution.” option4=”Writ jurisdiction of High Courts is wider than the Supreme Court of India.” correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2021

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The correct option is A) The Constitution (Eighty-Fifth) Amendment Act has inserted the ‘Right to Education’ under Article 21A.

The Right to Education under Article 21A was inserted by the Constitution (Eighty-Sixth) Amendment Act, 2002, which made education a fundamental right for children between 6 and 14 years.

Option B is correct: Article 22 deals with protection against arrest and detention, including provisions for preventive detention.
Option C is correct: The Right to Constitutional Remedies (Article 32), which allows a person to move the Supreme Court for enforcement of Fundamental Rights, is part of Part III (Fundamental Rights) of the Constitution.
Option D is correct: The writ jurisdiction of the High Courts (under Article 226) is wider than that of the Supreme Court (under Article 32) because High Courts can issue writs not only for the enforcement of Fundamental Rights but also for any other legal right, whereas the Supreme Court can issue writs only for the enforcement of Fundamental Rights.

74. The Constitution of India guarantees freedom of speech and expression.

The Constitution of India guarantees freedom of speech and expression. But the freedom is subject to certain reasonable restrictions imposed by the State. These restrictions may relate to which of the following?
1 Defamation
2. Decency or morality
3. Incitement to an offence
Select the correct answer using the code given below:

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

This question was previously asked in

UPSC CDS-2 – 2021

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Article 19(1)(a) of the Constitution of India guarantees the right to freedom of speech and expression. However, this freedom is not absolute and is subject to reasonable restrictions that can be imposed by the State under Article 19(2). The grounds for these restrictions explicitly listed in Article 19(2) are: sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.

– The question lists three potential restrictions: Defamation, Decency or morality, and Incitement to an offence.
– All three of these grounds are expressly mentioned in Article 19(2) as valid reasons for the state to impose reasonable restrictions on the freedom of speech and expression.

– The concept of ‘reasonable restrictions’ allows the state to balance the fundamental right to freedom of speech and expression with other public interests and concerns.
– The reasonableness of the restrictions is subject to judicial review.

75. Which one of the following is the correct meaning of the term ‘State’,

Which one of the following is the correct meaning of the term ‘State’, as defined in Article 12 of the Constitution of India ?

[amp_mcq option1=”It refers only to the Government of India.” option2=”It refers only to the Government of India and the Parliament of India.” option3=”It refers only to the Government of India, Parliament of India, Governments and Legislatures of each State.” option4=”It refers to the Government of India, Parliament of India, Governments and Legislatures of each State, and all local or other authorities within the territory of India.” correct=”option4″]

This question was previously asked in

UPSC CDS-2 – 2021

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Article 12 of the Constitution defines the term ‘State’ for the purpose of Part III (Fundamental Rights). According to Article 12, “the State” includes:
1. The Government and Parliament of India.
2. The Government and the Legislature of each State.
3. All local and other authorities within the territory of India.
4. All local and other authorities under the control of the Government of India.
Option D accurately encompasses all these components, providing the comprehensive definition of ‘State’ as given in Article 12.

Article 12 defines ‘State’ broadly to include Union and State governments and legislatures, as well as local and other authorities within India’s territory or under its control.

The definition of ‘State’ is crucial for the enforceability of Fundamental Rights, as these rights are primarily enforceable against ‘the State’. The term ‘other authorities’ has been interpreted broadly by the Supreme Court over time to include various entities that have governmental functions or are deeply controlled by the government, such as public sector undertakings, universities, etc.

76. Which of the following Articles in the Constitution of India are excep

Which of the following Articles in the Constitution of India are exceptions to the Fundamental Rights enumerated in Article 14 and Article 19?

[amp_mcq option1=”Article 31A and Article 31C” option2=”Article 31B and Article 31D” option3=”Article 12 and Article 13″ option4=”Article 16 and Article 17″ correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2020

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Articles 31A, 31B, and 31C are exceptions to the Fundamental Rights contained in Articles 14 and 19. Article 31A protects laws providing for acquisition of estates, etc., from being challenged on the grounds of violation of Articles 14 and 19. Article 31C protects laws giving effect to the Directive Principles specified in Article 39(b) and (c) from being challenged on the grounds of violation of Articles 14 or 19. Article 31B validates acts placed in the Ninth Schedule, protecting them from challenge on the grounds of violation of any Fundamental Right, including Articles 14 and 19. Among the given options, Article 31A and Article 31C are both valid exceptions to Articles 14 and 19.

These Articles were introduced to facilitate socio-economic reforms, particularly land reforms, and the implementation of Directive Principles, by preventing judicial review based on potential conflicts with fundamental rights like equality and the freedoms under Article 19.

Article 31A was added by the 1st Amendment Act, 1951. Article 31C was inserted by the 25th Amendment Act, 1971. Article 31D, which was also an exception but related to anti-national activities, was repealed by the 43rd Amendment Act, 1977. Article 12 defines ‘State’ and Article 13 deals with the validity of laws, while Articles 16 and 17 are specific fundamental rights, not exceptions to 14 and 19.

77. Which one among the following is not a part of the Fundamental Rights

Which one among the following is not a part of the Fundamental Rights (Part III) of the Constitution of India ?

[amp_mcq option1=”Prohibition of traffic in human beings and forced labour” option2=”Prohibition of employment of children in factories” option3=”Participation of workers in management of industries” option4=”Practice any profession, or to carry on any occupation, trade or business” correct=”option3″]

This question was previously asked in

UPSC CDS-2 – 2019

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The statement which is not a part of the Fundamental Rights (Part III) of the Constitution of India is C) Participation of workers in management of industries.

Part III of the Indian Constitution (Articles 12-35) lists the Fundamental Rights.
– A) Prohibition of traffic in human beings and forced labour is guaranteed under Article 23 (Right against Exploitation).
– B) Prohibition of employment of children in factories is guaranteed under Article 24 (Right against Exploitation).
– D) The right to practice any profession, or to carry on any occupation, trade or business is guaranteed under Article 19(1)(g) (Right to Freedom).
– C) Participation of workers in management of industries is listed as a Directive Principle of State Policy (DPSP) under Article 43A in Part IV of the Constitution. DPSPs are fundamental in the governance of the country but are not enforceable by any court.

Fundamental Rights are justiciable, meaning individuals can approach courts for their enforcement. Directive Principles of State Policy are non-justiciable guidelines for the state to follow in formulating laws and policies.

78. A writ issued to secure the release of a person found to be detained i

A writ issued to secure the release of a person found to be detained illegally is

[amp_mcq option1=”Mandamus” option2=”Habeas corpus” option3=”Certiorari” option4=”Prohibition” correct=”option2″]

This question was previously asked in

UPSC CDS-2 – 2017

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The writ of Habeas Corpus is issued to secure the release of a person found to be detained illegally.

Habeas Corpus is a Latin term meaning “to have the body of”. This writ is a fundamental instrument for protecting individual liberty against arbitrary detention. When issued, it commands the detaining authority to produce the detained person before the court and justify the grounds of detention. If the detention is found to be unlawful, the court orders the release of the person.

Mandamus is a writ issued by a superior court to a lower court, tribunal, or public authority to perform a public duty that they have refused or failed to perform. Certiorari is a writ issued by a superior court to quash the order of a lower court or tribunal or public authority. Prohibition is a writ issued by a superior court to a lower court or tribunal to prevent it from exceeding its jurisdiction or acting contrary to the rules of natural justice. Among the given options, only Habeas Corpus is directly related to securing the release of a person from illegal detention.

79. The right to form associations and unions is a right

The right to form associations and unions is a right

[amp_mcq option1=”guaranteed to everybody” option2=”to freedom guaranteed to citizens only” option3=”to equality before law” option4=”to life and personal liberty” correct=”option2″]

This question was previously asked in

UPSC CDS-2 – 2016

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The right to form associations and unions is guaranteed by Article 19(1)(c) of the Constitution of India. Article 19 guarantees certain freedoms, including the right to freedom of speech and expression, assembly, association, movement, residence, and profession. These rights are available only to citizens of India.
Therefore, the right to form associations and unions is a right to freedom guaranteed to citizens only.

– The right to form associations and unions is a fundamental right under Article 19(1)(c).
– Article 19 rights are available exclusively to citizens of India.
– Other options refer to different fundamental rights: A (Incorrect – Article 19 is not for everybody), C (Equality before law is Article 14, available to persons), D (Life and personal liberty is Article 21, available to persons).

While citizens have the fundamental right to form associations and unions, the state can impose reasonable restrictions on this right in the interests of the sovereignty and integrity of India, public order, or morality. The rights under Article 19 are distinct from other fundamental rights like equality (Article 14) or life and personal liberty (Article 21), which are available to ‘any person’ (citizens and foreigners).

80. Which one of the following writs is issued by the Supreme Court to sec

Which one of the following writs is issued by the Supreme Court to secure the freedom of a person upon unlawful arrest?

[amp_mcq option1=”Habeas Corpus” option2=”Mandamus” option3=”Certiorari” option4=”Quo Warranto” correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2016

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The writ issued by the Supreme Court to secure the freedom of a person upon unlawful arrest is Habeas Corpus.

Habeas Corpus is a Latin term meaning “You may have the body”. This writ is issued by a court to a person who has someone in custody, ordering them to bring the detained person before the court to determine if the detention is lawful. It is a crucial remedy against unlawful imprisonment or detention.

Mandamus is a command to a public official to perform a public duty. Certiorari is used to quash an order of a lower court or tribunal. Quo Warranto is used to challenge the legality of a person holding a public office. Only Habeas Corpus directly addresses the issue of unlawful detention and personal liberty.