Fundamental Rights (Indian Polity and Governance) Part-II

Total Questions: 65

1. Which one of the following pairs is not correctly matched? [U.P.P.C.S. (Mains) 2015]

Correct Answer: (d) Right of minorities to establish and administer educational institutions Article 31
Solution:The right of minorities to establish and administer educational institutions is provided under Article 30, while Article 31 was for compulsory acquisition of property which has been repealed by the 44 Constitutional Amendment Act, 1978 and now the right to property is a legal right under Article 300-A in part XII of the constitution.

Features of Article 30:

  • It consists of provisions that safeguard various rights of the minority community in the country, keeping in mind the principle of equality as well.
  • Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • The right is provided by this clause on two types of minorities, namely, religious and linguistic minorities.
  • Article 30(1A) deals with the fixation of the amount for the acquisition of property of any educational institution established by minority groups.
  • Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.

2. Which Article of the Constitution protects the 'Right of minorities to establish and administer educational institutions of their choice'? [U.P.P.C.S. (Pre) 1997]

Correct Answer: (d) 30
Solution:Article 19 - Right to Freedom.

Article 26 - Freedom to manage religious affairs.

Article 29 - Protection of interest of minority community.

Article 30 - Right of minorities to establish and administer educational institutions.

Features of Article 30:

  • It consists of provisions that safeguard various rights of the minority community in the country, keeping in mind the principle of equality as well.
  • Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • The right is provided by this clause on two types of minorities, namely, religious and linguistic minorities.
  • Article 30(1A) deals with the fixation of the amount for the acquisition of property of any educational institution established by minority groups.
  • Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.

3. Under which of the following Articles of the Indian Constitution, it has been provided that all minorities shall have the right to establish and administer educational institutions of their choice? [U.P. P.C.S. (Mains) 2017]

Correct Answer: (c) Article 30
Solution:Article 19 - Right to Freedom.

Article 26 - Freedom to manage religious affairs.

Article 29 - Protection of interest of minority community.

Article 30 - Right of minorities to establish and administer educational institutions.

Features of Article 30:

  • It consists of provisions that safeguard various rights of the minority community in the country, keeping in mind the principle of equality as well.
  • Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • The right is provided by this clause on two types of minorities, namely, religious and linguistic minorities.
  • Article 30(1A) deals with the fixation of the amount for the acquisition of property of any educational institution established by minority groups.
  • Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.

4. Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R). [U.P.P.C.S. (Pre) 2019]

Assertion (A): Article 30 of the Constitution of India does not define the term' minorities.

Reason (R): The Constitution recognises only linguistic and religious minorities.

Select the correct answer from the codes given below:

Correct Answer: (b) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
Solution:Article 30 of the Indian Constitution provides for the right of minorities to establish and administer educational institutions. All minorities, whether based on religion or language, shall have the right to establish and administer educational institution of their choice [Article 30(1)]. According to Article 30(2), the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the grounds that it is under the management of a minority community whether based on religion or language. So, it is clear that "Minority' is not defined in this article. Hence, both the statements are correct but, Reason (R) is not the correct explanation of Assertion (A).

5. The Constitution of India recognizes- [U.P.S.C. (Pre) 1999]

Correct Answer: (c) Religious and linguistic minorities
Solution:The Constitution of India recognizes both religious and linguistic minorities. According to Article 29, citizens residing in the territory of India having a distinct language, script, or culture of its own shall have the right to conserve the same. Article 30 provides minorities the right to establish and administer educational institution whether based on religion or language.

Concept of Minorities:

  • The Constitution of India uses the word minority but does not define it.
  • Article 29 of the Indian Constitution uses the word 'minorities' in its marginal heading, but it speaks about "any section of the citizens inhabiting the territory of India or any part of the country should have the right to protect their language or script or culture, which is different and varied.
  • It also says that citizens should be allowed to take admission in any educational institution which is maintained by the State or getting help from State funds whether they vary in religion, race, caste, language, or any of them.
  • Article 30 of the Constitution of India talks only about religious and linguistic minorities.

Religious Minority: The basic ground for a community to be nominated as a religious minority is the numerical strength of the community.

  • Section 2, clause (c) of the National Commission of Minorities Act, declares six communities as minority communities. They are:
  • Muslims
  • Christians
  • Buddhists
  • Sikhs
  • Jains and
  • Zoroastrians (Parsis)

Linguistic Minorities:

  • Class or group of people whose mother language or mother tongue is different from that of the majority groups is known as the linguistic minorities.
  • Article 350-A of the Indian Constitution imposes an obligation on the states to try to provide enough facilities for instruction in the mother language at the primary level of education to children belonging to the linguistic minority community.

6. Which of the following is given the power to enforce the Fundamental Rights by the Constitution? [47th B.P.S.C. (Pre) 2005]

Correct Answer: (d) The Supreme Court and High Courts
Solution:Article 13 of the Constitution grants the power of Judicial Review to the Supreme Court, and High Courts in the case of violation of the Fundamental Rights. The Supreme Court (Art.32) and High Court (Art.226) in exercising their power, may declare any law or enactment passed by the Legislature, void or unconstitutional, on the ground of contravention to the Fundamental Rights.

The Constitution of India enshrines Fundamental Rights for its citizens in Part III of the Constitution. These rights, referred to as the "Magna Carta of India," are categorised into six groups - Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Cultural and Educational Rights, and Constitutional Remedies. Inspired by the Bill of Rights of the American Constitution, these legally enforceable rights safeguard individual liberties and provide freedoms against the state's authoritarian rule, serving as the foundation for India's democratic system. Indian judiciary protects these Fundamental Rights if there is a violation of these rights by executive as well as legislative actions. Moreover, the Fundamental rights are referred to as the "Conscience of the Constitution".

7. The Guardian of Fundamental Rights is- [U.P.P.C.S. (Mains) 2010]

Correct Answer: (a) Judiciary
Solution:The Constitution of India has assigned Judiciary, i.e. the Supreme Court of India and the High Courts, the responsibility of the protection of fundamental rights. The most significant of fundamental rights is the exclusive right to the constitutional remedies under Art. 32 and 226 of the Constitution of India. Thus, the Guardian of fundamental rights is the Judiciary.

The Constitution of India enshrines Fundamental Rights for its citizens in Part III of the Constitution. These rights, referred to as the "Magna Carta of India," are categorised into six groups - Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Cultural and Educational Rights, and Constitutional Remedies. Inspired by the Bill of Rights of the American Constitution, these legally enforceable rights safeguard individual liberties and provide freedoms against the state's authoritarian rule, serving as the foundation for India's democratic system. Indian judiciary protects these Fundamental Rights if there is a violation of these rights by executive as well as legislative actions. Moreover, the Fundamental rights are referred to as the "Conscience of the Constitution".

8. Under the Indian Constitution who is the guardian of the fundamental rights? [U.P.P.C.S. (Pre) 1992, U.P. Lower Sub. (Pre) 2004]

Correct Answer: (c) Supreme Court
Solution:The Constitution of India has assigned Judiciary, i.e. the Supreme Court of India and the High Courts, the responsibility of the protection of fundamental rights. The most significant of fundamental rights is the exclusive right to the constitutional remedies under Art. 32 and 226 of the Constitution of India. Thus, the Guardian of fundamental rights is the Judiciary.

The Constitution of India enshrines Fundamental Rights for its citizens in Part III of the Constitution. These rights, referred to as the "Magna Carta of India," are categorised into six groups - Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Cultural and Educational Rights, and Constitutional Remedies. Inspired by the Bill of Rights of the American Constitution, these legally enforceable rights safeguard individual liberties and provide freedoms against the state's authoritarian rule, serving as the foundation for India's democratic system. Indian judiciary protects these Fundamental Rights if there is a violation of these rights by executive as well as legislative actions. Moreover, the Fundamental rights are referred to as the "Conscience of the Constitution".

9. Under the Indian Constitution who amongst the following is considered to be the guardian of the fundamental rights? [U.P. P.C.S. (Mains) 2012, U.P.P.C.S. (Mains) 2015]

Correct Answer: (c) Judiciary
Solution:The Constitution of India has assigned Judiciary, i.e. the Supreme Court of India and the High Courts, the responsibility of the protection of fundamental rights. The most significant of fundamental rights is the exclusive right to the constitutional remedies under Art. 32 and 226 of the Constitution of India. Thus, the Guardian of fundamental rights is the Judiciary.

The Constitution of India enshrines Fundamental Rights for its citizens in Part III of the Constitution. These rights, referred to as the "Magna Carta of India," are categorised into six groups - Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Cultural and Educational Rights, and Constitutional Remedies. Inspired by the Bill of Rights of the American Constitution, these legally enforceable rights safeguard individual liberties and provide freedoms against the state's authoritarian rule, serving as the foundation for India's democratic system. Indian judiciary protects these Fundamental Rights if there is a violation of these rights by executive as well as legislative actions. Moreover, the Fundamental rights are referred to as the "Conscience of the Constitution".

10. Which one of the following is regarded as the protector of fundamental rights of citizens and Guardian of the Constitution? [U.P. Lower Sub. (Pre) 2015]

Correct Answer: (c) The Supreme Court
Solution:The Supreme Court of India is the protector of the fundamental rights of citizens and the Guardian of the Constitution of India because, through the right to constitutional remedies (Article 32), it protects the fundamental rights of citizens. Besides, it interprets as well as enforces the provisions of the Constitution.

The Constitution of India enshrines Fundamental Rights for its citizens in Part III of the Constitution. These rights, referred to as the "Magna Carta of India," are categorised into six groups - Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Cultural and Educational Rights, and Constitutional Remedies. Inspired by the Bill of Rights of the American Constitution, these legally enforceable rights safeguard individual liberties and provide freedoms against the state's authoritarian rule, serving as the foundation for India's democratic system. Indian judiciary protects these Fundamental Rights if there is a violation of these rights by executive as well as legislative actions. Moreover, the Fundamental rights are referred to as the "Conscience of the Constitution".