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Fundamental Rights Part-II

📆 October 1, 2024

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institutions is provided under Article 30, while Article 31 was for compulsory acquisition of property which has been repealed by the 44 Constitutional Amendment Act, 1978 and now the right to property is a legal right under Article 300-A in part XII of the constitution.

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.

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.

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.

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.

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.

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.

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.

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.
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