Fundamental Rights Part-I

Total Questions: 90

1. Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy? [U.P.S.C. (Pre) 2021]

(a) A committed judiciary
(b) Centralization of powers
(c) Elected government
(d) Separation of powers

Correct Answer: (d) Separation of powers

Solution:In the liberal approach which is inherent in democracy, all forms of power are rooted in the will of the people. This approach enhances the rule of law as one of the basic foundations of democracy, it affirms the separations of powers as a vehicle for their restraint, and it promotes individuals rights and freedoms as a prerequisite for their dignity.
A committed judiciary will never go against the government's policies. Centralization of power refers to a setup in which the decision-making powers are concentrated in a few leaders at the top of the organizational structure, which may load to authoritarian tendencies. An Elected government is expected to ensure liberty but it is not the best safeguard to ensure liberty. Therefore, the rest three cannot be the answer.

2. Which Congress Session passed the resolution of Fundamental Rights in 1931? [Jharkhand P.C.S. (Pre) 2023]

(a) Allahabad
(b) Karachi
(c) Mumbai
(d) Gaya

Correct Answer: (b) Karachi

Solution:The Karachi session of Congress was held on March 26 10 31, 1931 and was Presided by Sardar Vallabhbhai Patel. It was held following the Gandhi-Irwin Pact and in the after math of Bhagat Singh, Sukhdev and Rajguru's execution. In this session, Gandhi-Irwin Pact or Delhi Pact was endorsed and the goal of Purna Swaraj was reiterated. The resolutions on Fundamental Rights and the National Economic Programme were adopted in the Karachi session of Congress in 1931.

3. Which of the following is correct? [U.P.P.C.S. (Mains) 2009]

(a) The Nehru Report (1928) had advocated the inclusion of Fundamental Rights in the Constitution of India.
(b) The Government of India Act, 1935 referred to Fundamental Rights.
(c) The August Offer, 1940, included the Fundamental Rights.
(d) The Cripps Mission 1942 referred to Fundamental Rights

Correct Answer: (a) The Nehru Report (1928) had advocated the inclusion of Fundamental Rights in the Constitution of India.

Solution:The Nehru Report (1928) was in favour of the inclusion of Fundamental Rights in the Constitution of India, so option (a) is correct.

4. Who said the following words about Fundamental Rights: [M.P.P.C.S. (Pre.) 2022]

"A Fundamental Right should be looked upon, not from the point of view of any particular difficulty of that moment but as something that you want to make permanent in this Constitution"?

(a) Justice P.N. Bhagwati
(b) Jawaharlal Nehru
(c) Dr. S. Radhakrishnan
(d) Dr. BR Ambedkar

Correct Answer: (b) Jawaharlal Nehru

Solution:Pandit Jawaharlal Nehru said: "A fundamental right should be looked upon, not from the point of view of any particular difficulty of the moment, but as something that you want to make permanent in the Constitution."

5. Who among the following person said for the Fundamental Rights "a pledge to our people and a pact with the civilized world"? [U.P.P.C.S. (Pre) 2021]

(a) Pt. Jawahar Lal Nehru
(b) Dr. Bhim Rao Ambedkar
(c) Dr. Rajendra Prasad
(d) Dr. S. Radha Krishnan

Correct Answer: (d) Dr. S. Radha Krishnan

Solution:In the words of our 'philosopher king, Dr. S. Radhakrishnan, the Fundamental Rights are 'a pledge to our people and a pact with the civilized world. And as the great jurist Patanjali Sastry, the former Chief Justice of our Supreme Court, said: "The whole object of Part III of the Constitution is to provide protection for the freedoms and rights mentioned therein against arbitrary invasion by the state".

6. Fundamental Rights' are: [M.P.P.C.S. (Pre) 2013]

(a) Justifiable
(b) Non-justifiable
(c) Flexible
(d) Rigid

Correct Answer: (a) Justifiable

Solution:The fundamental rights are enforceable by the Courts, subject to certain restrictions.

7. The rights are called Fundamental Rights because [Chhattisgarh P.C.S. (Pre) 2017]

(i). It is written in the Constitution.

(ii). It is democratic.

(iii). It is public welfare.

(iv). It is essential for personality development.

(v). Parliament can't make law against it.

(a) (i) (ii) (iii)
(b) (i) (iii) (v)
(c) (i) (iv) (v)
(d) (ii) (iii) (v)
(e) None of the Above

Correct Answer: (c) (i) (iv) (v)

Solution:The Fundamental Rights are written in the Constitution. They are essential for personality development.
The Parliament can't make laws against them since they are a part of the basic structure of the Constitution.

8. Fundamental Rights- [U.P. Lower Sub. (Pre) 2002]

(a) Cannot be suspended
(b) Can be suspended by order of Prime Minister
(c) Can be suspended on the will of President
(d) Can be suspended during Emergency

Correct Answer: (d) Can be suspended during Emergency

Solution:The fundamental rights are natural and non-transferable rights. Fundamental rights can only be suspended during an emergency for which provision has been given under Art. 358 and 359 of the Constitution. Fundamental rights under Articles 20 and 21 can never be suspended.

9. Consider the following statements about the Fundamental Rights in India: [U.P.P.C.S. (Pre) 1998]

1. They are a guarantee against state action

2. They are enumerated in Part III of the Constitution.

3. They ensure social, economic and political justice.

4. They are unlike Bill of Rights in the U.S.A.

Now, select the correct answer from the code given below:

(a) 1 and 2 are correct
(b) 2 and 3 are correct
(c) 1,2 and 3 are correct
(d) 2, 3 and 4 are correct

Correct Answer: (c) 1,2 and 3 are correct

Solution:The fundamental rights are guaranteed by the Constitution of India against state action. These rights have been enumerated in Part III of the Constitution. Thus statement 1 and 2 are correct. The socio economics Justice as visualized by the Indian constitution is found mostly in the Directive Principles of state policy (Part IV) of the constitution of India and to a little extent in the chapter on fundamental rights and certain other provisions of the constitution. These rights are like the Bill of Rights in the USA. Thus option (c) is the correct answer.

10. Under which Article of the Constitution of India, Fundamental Rights have been provided to citizens? [39th B.P.S.C. (Pre) 1994, U.P. Lower Sub. (Mains) 2015, 44th B.P.S.C. (Pre) 2000]

(a) Articles 112 10 115
(b) Article 12 to 35
(c) Articles 222 to 235
(d) None of these

Correct Answer: (b) Article 12 to 35

Solution:Part III (Art.12-35) of the Constitution enumerates 6 Fundamental Rights which are provided to citizens.

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