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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]

List - I List - I
Prohibition of traffic in human beings and forced labour Article 23
Protection of interests of minorities Article 29
Right to constitutional remedies Article 32
Right of minorities to establish and administer educational institutions Article 31
Correct Answer: (d)
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institutions is provided under Article 30, while Article 31 was for compulsory acquisition of property which has been repealed by the 44 Constitutional Amendment Act, 1978 and now the right to property is a legal right under Article 300-A in part XII of the constitution.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.

11. Which one of the following statements is not correct? [U.P. Lower Sub. (Pre) 2013]

Correct Answer: (d) The President of India is the Guardian of Fundamental Rights under the Constitution.
Solution:All the given statements are correct, except (d), as the Judiciary (The Supreme Court and the High Courts) is the guardian of fundamental rights, not the President.

12. Which of the following rights can be enforced under Article 32 of the Indian Constitution? [U.P.P.C.S. (Pre) 1997]

Correct Answer: (b) Fundamental Rights
Solution:Article 32 of the Constitution provides constitutional remedies against the violation or transgression of fundamental rights, conferred by Part III. The Supreme Court shall have the power to issue directions or orders or writs, including writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part-III. That is why the Supreme Court has been called as the Guardian of Fundamental Rights.

13. Which one of the following rights was described by Dr. B.R. Ambedkar as the 'Heart and Soul of the Constitution'? [U.P. P.S.C. (GIC) 2010, U.P.P.C.S. (Spl) (Mains) 2004, U.P.S.C. (Pre) 2002, U.P.U.D.A./L.D.A. (Spl) (Pre) 2010]

Correct Answer: (d) Right to Constitutional Remedies
Solution:Dr. Bhimrao Ramji Ambedkar described Article 32 as the Heart and Soul of the Indian Constitution. In his words- "If I was asked to name any particular Article in this Constitution as the most important, an Article without which the Constitution would be a nullity, I could not refer to any other Article except this one (Article 32). It is the very soul of the Constitution and the heart of it." It is also notable that on various occasions, the Preamble to the Constitution is also recognized as the Soul of the Constitution, but according to Dr. Ambedkar, Article 32 is the Heart and soul of the Constitution.

14. Consider the following statements: [U.P.P.C.S. (Pre) 2016]

Assertion (A): Dr. Ambedkar had described Article 32 of the Constitution as the very soul of it.

Reason (R) Article 32 provides an effective remedy against the violation of fundamental rights.

Select the correct answer using the codes given below:

Correct Answer: (a) (A) and (R) both are true, and (R) is the correct explanation of (A).
Solution:Dr. Ambedkar had described Article 32 as "the very soul and the heart of the Constitution" as Article 32 provides an effective remedy against the violation of fundamental rights enshrined in the Indian Constitution. The Supreme Court has the power to issue directions, orders or writ for the enforcement of any of the fundamental rights. Thus, (A) and (R) both are true, and (R) is the correct explanation of (A).

15. Consider the following statements concerning the powers of the Supreme Court to issue certain writs to stop violation of Fundamental Rights- [U.P.P.C.S. (Pre.) 2023]

(1) The Supreme Court has power to issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari which is appropriate for the enforcement of Fundamental Rights.

(2) Parliament may by law empower any other court to exercise within its jurisdiction the powers given to Supreme Court.

Which of the above mentioned statement/statements is/are correct?

Select the correct answer from the code given below:

Correct Answer: (d) Both (1) and (2)
Solution:Article 32(2) of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to the enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, to enforce them. As per Article 32(3), Without prejudice to the powers conferred on the Supreme Court by clause (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). Hence, both statements are correct and option (d) is the correct answer.

16. Under which of the following Article of the Constitution of India, the Supreme Court is empowered to issue different 'Writs' for the enforcement of Fundamental Rights of the citizens? [Jharkhand P.C.S. (Mains) 2016]

Correct Answer: (a) Article 32
Solution:Article 32 of the Constitution of India, empowered the supreme court to issue different writs for the enforcement of fundamental rights of citizens. These writs are Habeas corpus, Mandamous, Prohibition, Certiorari and Quo Warranto. Article 226 empowers a High Court to issue these five writs for the enforcement of Fundamental rights and for any other purpose.

17. Which one of the following writs is regarded as the greatest safeguard for the liberty of a person? [U.P. Lower Suh. (Pre) 2015]

Correct Answer: (b) Habeas Corpus
Solution:The Writ of Habeas Corpus is regarded as the greatest safeguard of the liberty of a person. It calls upon the person who has detained another to produce the latter before the court, to let the court know on what grounds he has been confined, and to set him free if there is no legal justification for the imprisonment.

18. Which one of the following writs can be issued by a High Court to secure the liberty of the individual? [U.P.P.C.S. (Pre) (Re. Exam) 2015]

Correct Answer: (c) Habeas Corpus
Solution:Article 226 of the Indian Constitution provides for the power of the High Courts to issue certain writs. To secure the liberty of the individual, the High Court can issue a writ of Habeas Corpus. The writ is issued by the Court, whose object is to secure the release of a person found to be detained illegally and secure the liberty of the individual. The Supreme Court also has the power to issue writs under Article 32 of Indian Constitution for the rights enumerated in Part III of the Constitution, ie., Fundamental Rights whereas the High Court can issue writs related to legal rights also.

19. The writ which may be filed for protection of right to Personal Freedom is- [M.P.P.C.S. (Pre) 1993]

Correct Answer: (c) Habeas Corpus
Solution:The word 'Habeas Corpus' literally means 'to bring the body before the court. By this writ, the court secures the body of a person who has been imprisoned or detained to be brought before the court to obtain knowledge of the reason or grounds for such detention and to do justice. This writ secures the right of personal liberty.

20. Match it.. [Chhattisgarh P.C.S. (Pre) 2016]

List - I List - II
A. Habeas Corpus I. Be more fully informed
B. Mandamus II. By which authority
C. Prohibition III. We command
D. Certiorari IV. Let us have the body
E. Quo-Warranto V. Writ to Subordinate Courts

 

Code :
A B C D E
(a) (ii) (iv) (v) (iii) (i)
(b) (iv) (iii) (v) (ii) (i)
(c) (iv) (iii) (v) (i) (ii)
(c) (iv) (v) (iii) (i) (ii)
(d) (iii) (ii) (i) (v) (iv)
Correct Answer: (c)
Solution:The match is as follows:
List - I List - II
Habeas Corpus Let us have the body
Mandamus We command
Prohibition Writ to subordinate courts
Certiorari Be more fully informed
Quo-Warranto By which authority

21. Which of the following is NOT correctly matched? [U.P. P.C.S. (Pre) 2019]

Correct Answer: (c) Prohibition - 'To be certified'
Solution:"To be certified' is related to certiorari writ, not to the prohibition. This writ is issued by a court higher in authority to a lower court of tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.

22. Which one of the following constitutional remedies is also known as 'postmortem'? [65th B.P.S.C. (Pre) 2019]

Correct Answer: (c) Certiorari
Solution:In the certiorari writ, the Supreme Court and the High Court re-examine the decision given by the Subordinate Courts. Through the Quo warranto writ the court enquires into the Legality of a claim of a person to a public office. This writ prevents the illegal assumption of a public office by an individual. Therefore, both the writs have a sense of postmortem. Thus the appropriate answer for this question should be (e), while the Bihar public service commission has mentioned option (c) as the correct answer.

23. In which petition, Judiciary orders Executives to perform their duty? [U.P.U.D.A./L.D.A. (Pre) 2001]

Correct Answer: (b) Mandamus
Solution:A writ of Mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law. It is "issued by a superior court to compel a lower court or a Government officer to perform mandatory or purely ministerial duties correctly.

24. When the Supreme Court issues a writ to a person or to an institution to perform its duty, it is called- [U.P.P.C.S. (Mains) 2007]

Correct Answer: (b) Mandamus
Solution:A writ of Mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law. It is "issued by a superior court to compel a lower court or a Government officer to perform mandatory or purely ministerial duties correctly.

25. Correctly match the following: [Chhattisgarh P.C.S. (Pre) 2022]

List - I List - II
A. Cultural and Educational Rights (i) Articles 14-18
B. Right to Constitutional Remedies (ii) Articles 23-24
C. Right against Exploitation (iii) Articles 32
D. Right to Equality (iv) Articles 29-30

 

Code :
A B C D
(a) (iv) (iii) (i) (ii)
(b) (iii) (iv) (ii) (i)
(c) (iii) (iv) (i) (ii)
(d) (iv) (iii) (ii) (i)
Correct Answer: (a)
Solution:A writ of Mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law. It is "issued by a superior court to compel a lower court or a Government officer to perform mandatory or purely ministerial duties correctly.

26. Match List-I (Article of Indian Constitution) with List- II (Provisions) and select the correct answer using the code given below the lists: [U.P.S.C. (Pre) 2002]

List-I (Article of Indian Constitution) List-II (Provisions)
A. Article 16 (2) 1. No person shall be deprived of his property save by the authority of law.
B. Article 29 (2) 2. No person can be discriminated against in the matter of public appointment on the ground of race, religion or caste.
C. Article 30 (1) 3. All minorities whether based on religion or language shall have right to establish and administer educational institutions of their choice.
D. Article 31 (1) 4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on the grounds of religion, race, caste, language or any of them.

 

Code :
A B C D
(a) 2 4 3 1
(b) 3 1 2 4
(c) 2 1 3 4
(d) 2 4 2 1
Correct Answer: (a)
Solution:Article 16 (2) No person can be discriminated against in the matter of public appointment on the grounds of race, religion or caste.

Article 29 (2)- No person shall be denied admission into any educational institution maintained by the State, or receiving State aid, on the grounds of religion, race, caste, language or any of them.

Article 30 (1) All minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice.

Article 31 (1)- No person shall be deprived of his property save by the authority of law.

27. Which of the following is NOT correctly matched? Article Fundamental Right- [U.P. R.O.JA.R.O. (Pre) (Re-Exam) 2016]

Correct Answer: (b) Protection against arrest and detention - Article 23
Solution:The correctly matched order is as follows:
Fundamental Right Article
Abolition of Untouchability Article 17
Protection against arrest and detention In certain cases Article 23
Freedom of Religion Article 25
Protection of Interests of Minorities. Article 29

28. Match list-1 with List-II and select the correct answer from the code given below: [R.A.S/R.T.S. (Pre) 2016, U.P.B.E.O. (Pre) 2019]

List-I List-II
(A) Abolition of Titles (i) Article 29
(B) Freedom to manage Religious Affairs (ii) Article 21-A
(C) Protection of Language of Minorities (iii) Article 18
(D) Right to Education (iv) Article 26

 

Code :
A B C D
(a) (iii) (ii) (i) (iv)
(b) (iv) (iii) (ii) (i)
(c) (ii) (iii) (iv) (i)
(d) (iii) (iv) (i) (ii)
Correct Answer: (d)
Solution:
List-I List-II
Abolition of Titles (i) Article 18
Freedom to manage Religious Affairs (ii) Article 26
Protection of Language of Minorities (iii) Article 29
Right to Education (iv) Article 21-A

29. Match List-I with List-II and select the correct answer by using the code given below the list: [U.P.P.C.S. (Mains) 2007]

List-I List-II
A. Fundamental Duties 1. Minerva Mills Case
B. Parliament can amend Fundamental Rights 2. Article 23 of the Constitution
C. Doctrine of Basic Structure 3. 42nd Amendment of the Constitution
D. Prohibition of Trafficking in Human Beings 4. Keshvananda Bharti Case

 

Code :
A B C D
(a) 3 4 1 2
(b) 4 3 2 1
(c) 2 1 4 3
(d) 1 2 3 4

 

 

Correct Answer: (a)
Solution:The matched order of list-1 and list-II is as follows:
List-I List-II
Fundamental Duties 42nd Amendment of the Constitution
Parliament can amend Fundamental Rights Keshvananda Bharti Case
Doctrine of Basic Structure Minerva Mills Case
Prohibition of Trafficking in Human Beings Article 23 of the Constitution

30. By which of the following case Parliament got the right to amend Fundamental Rights? [M.P.P.C.S. (Pre) 1991]

Correct Answer: (a) Keshvananda Bharati Case
Solution:The first time, the Supreme Court held that fundamental rights are amendable, was in the case of Shankar Prasad Vs. Union of India (1951) and Sajjan Singh Vs. Rajasthan State (1965). In the Golaknath case (1967), the prior decision was reversed, and it was held that amendment in fundamental rights is not possible. Again in Keshvananda Bharati case 1973, the Supreme Court held that the amendment power of the Parliament is wide enough but not unlimited. It may amend fundamental rights but not in such way so as to destroy the Basic Structure of the Constitution. This case outlined the power of the parliament to amend the fundamental rights without destroying the basic structure of the Constitution.

31. The Supreme Court of India has propounded the Doctrine of Basic Structure of the Constitution in which of the following cases? [U.P. Lower Sub. (Pre) 2013]

Correct Answer: (c) Keshavananda Bharati Vs. Kerala State
Solution:The doctrine of basic structure of the Constitution owes its evolution to the majority judgment of the Supreme Court in the landmark case, Keshvananda Bharati Vs. State of Kerala (1973), which was approved in Minerva Mills Vs. Union of India (1980) case.

32. Which one of the following cases outlined the basic- [U.P.P.C.S. (Pre) (Re. Exam) 2015]

Correct Answer: (c) Keshavananda Bharati vis Kerala State
Solution:The doctrine of basic structure of the Constitution owes its evolution to the majority judgment of the Supreme Court in the landmark case, Keshvananda Bharati Vs. State of Kerala (1973), which was approved in Minerva Mills Vs. Union of India (1980) case.

33. Which of the following statement/s is/are incorrect? [U.P.R.O./A.R.O. (Pre) 2023]

A. Part III on Fundamental Rights of the Constitution is based upon Bill of Rights of the U.S.A.

B. "Right to Die" is a Fundamental Right under Article 21 of the Constitution.

C. Indian Constitution is a complete Federal Constitution.

D. Fundamental Rights can be removed under the Indian Constitution.

Correct Answer: (a) Only B, C and D
Solution:In Philosophical and conceptual sense, the fundamental rights of the Indian Constitution are similar to the Bill of Rights of the USA. Significantly, Right to Die is not the fundamental Right under Article 25 of the Constitution. Notably, the Indian Constitution is not a complete federal constitution but quasi federal. According to the law established by the apex court of India, F.R. can be amended but not removed because it comes under the basic structure of the Indian Constitution.

34. Select the correct chronological order of the following judgements dealing with Fundamental Rights: [R.A.S/R.T.S (Pre) 2018]

(A) Golaknath v/s State of Punjab

(B) Keshvananda Bharati v/s State of Kerala

(C) Minerva Mills v/s Union of India

(D) A.K Gopalan v/s State of Madras

Select the correct answer:

Correct Answer: (c) (D), (A), (B), (C)
Solution:A.K. Gopalan v/s State of Madras (1950)

Golaknath v/s State of Punjab (1967)

Keshvananda Bharati v/s State of Kerala (1973)

Minerva Mills v/s Union of India (1980).

35. What is the position of the Right to Property in India? [U.P.S.C. (Pre) 2021]

Correct Answer: (b) Legal right available to any person
Solution:As the Constitution was originally drafted, the Right to Property was enshrined as a Fundamental Right. However, by the 44th Amendment Act, 1978 of the Constitution, the "Right to Property' was removed as a fundamental right, and a new provision was added to the Constitution, i.e. Article 300-A. Now it is a legal right.

36. Right of Property belongs to which category amongst the following? [Uttarakhand P.C.S. (Pre) 2021]

Correct Answer: (a) Legal Right
Solution:As the Constitution was originally drafted, the Right to Property was enshrined as a Fundamental Right. However, by the 44th Amendment Act, 1978 of the Constitution, the "Right to Property' was removed as a fundamental right, and a new provision was added to the Constitution, i.e. Article 300-A. Now it is a legal right.

37. Right to Property is a - [U.P.P.C.S. (Pre) 1996]

Correct Answer: (c) Statutory Right
Solution:As the Constitution was originally drafted, the Right to Property was enshrined as a Fundamental Right. However, by the 44th Amendment Act, 1978 of the Constitution, the "Right to Property' was removed as a fundamental right, and a new provision was added to the Constitution, i.e. Article 300-A. Now it is a legal right.

38. Read the following statements and choose the correct option: [Chhattisgarh P.C.S. (Pre) 2020]

Statement 1: Right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978.

Statement II: Right to property was made a legal right under Article 300-A in Part XII of the Constitution.

Correct Answer: (c) Statement i and Statement II both are true.
Solution:As the Constitution was originally drafted, the Right to Property was enshrined as a Fundamental Right. However, by the 44th Amendment Act, 1978 of the Constitution, the "Right to Property' was removed as a fundamental right, and a new provision was added to the Constitution, i.e. Article 300-A. Now it is a legal right.

39. At present, right to property under the Constitution of India is a- [Uttarakhand P.C.S. (Pre) 2010, UPPCS. (Pre) 1992]

Correct Answer: (b) Legal Right
Solution:As the Constitution was originally drafted, the Right to Property was enshrined as a Fundamental Right. However, by the 44th Amendment Act, 1978 of the Constitution, the "Right to Property' was removed as a fundamental right, and a new provision was added to the Constitution, i.e. Article 300-A. Now it is a legal right.

40. Consider the following statements- [U.P.S.C. (Pre) 2005]

1. Article 301 is related to Right to Property.

2. Right to Property is a legal right but not a Fundamental Right.

3. Article 300-A was inserted in Indian Constitution by 44th Amendment during the period of Congress Government.

Which of aforesaid statements is/are correct?

Correct Answer: (a) Only 2
Solution:Article 301 is related to freedom of trade, commerce and intercourse, and not to the right to property. The Right to property was a fundamental right under Article 19(1)(f), but by the 44 Amendment 1978, this Clause [19(1)(1)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of the Janta Party Government. After that amendment, the right to property became a legal right and ceased to be a fundamental right. Thus only statement 2 is correct.

41. By which of the following Right to Property has been omitted? [U.P.U.D.A/L.D.A. (Spl) (Mains) 2010]

Correct Answer: (c) 44th Amendment of Constitution
Solution:Article 301 is related to freedom of trade, commerce and intercourse, and not to the right to property. The Right to property was a fundamental right under Article 19(1)(f), but by the 44 Amendment 1978, this Clause [19(1)(1)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of the Janta Party Government. After that amendment, the right to property became a legal right and ceased to be a fundamental right. Thus only statement 2 is correct.

42. When was the Fundamental Right to property abolished? [M.P.P.C.S. (Pre) 1994, U.P.P.C.S. (Mains) 2015]

Correct Answer: (a) In 1978, by 44th Constitutional Amendment.
Solution:Article 301 is related to freedom of trade, commerce and intercourse, and not to the right to property. The Right to property was a fundamental right under Article 19(1)(f), but by the 44 Amendment 1978, this Clause [19(1)(1)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of the Janta Party Government. After that amendment, the right to property became a legal right and ceased to be a fundamental right. Thus only statement 2 is correct.

43. Which of the following Amendment Act of the Constitution deleted the Right to Property from the list of Fundamental Rights? [M.P.P.C.S. (Pre) 2019]

Correct Answer: (c) 44th Constitution Amendment Act, 1978
Solution:Article 301 is related to freedom of trade, commerce and intercourse, and not to the right to property. The Right to property was a fundamental right under Article 19(1)(f), but by the 44 Amendment 1978, this Clause [19(1)(1)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of the Janta Party Government. After that amendment, the right to property became a legal right and ceased to be a fundamental right. Thus only statement 2 is correct.

44. By which amendment the Right to Property was abolished? [U.P.P.C.S. (Mains) 2013, U.P. Lower Sub. (Pre) 2013]

Correct Answer: (b) 44th
Solution:The right to property has been abolished by the 44- Constitutional Amendment. Now it is a legal right.

45. The 44 amendment to the Constitution of India removed the following right from the category of Fundamental Rights: [U.P.P.C.S. (Mains) 2014, U.P.P.C.S. (Pre) 2007]

Correct Answer: (c) Property
Solution:The right to property has been abolished by the 44- Constitutional Amendment. Now it is a legal right.

46. The 'Right to Property' was deleted from the list of fundamental rights guaranteed to the citizens of India by- [Chhattisgarh P.C.S. (Pre) 2011, U.P. Lower (Spl) (Pre) 2004, U.P. P.C.S. (Spl) (Mains) 2004]

Correct Answer: (c) Forty-fourth Amendment
Solution:The right to property has been abolished by the 44- Constitutional Amendment. Now it is a legal right.

47. Which one of the following is not a fundamental right? [U.P.P.C.S. (Pre) 1990, 2002, Uttarakhand P.C.S. (Pre) 2002, U.P. Lower Sub. (Pre) 2013]

Correct Answer: (c) Right to Property
Solution:The right to property has been abolished by the 44- Constitutional Amendment. Now it is a legal right.

48. Which one of the following is not a fundamental right? [42th B.P.S.C. (Pre) 1997]

Correct Answer: (b) Right to Property
Solution:The right to property has been abolished by the 44- Constitutional Amendment. Now it is a legal right.

49. Which one of the following is not among the six fundamental rights provided by the Constitution of India? [U.P.P.C.S. (Mains) 2015]

Correct Answer: (b) Right to protest
Solution:The right to property has been abolished by the 44- Constitutional Amendment. Now it is a legal right.

50. Indian Constitution does not grant which of the following rights? [M.P.P.C.S. (Pre) 2010]

Correct Answer: (a) Right of Equal Shelter
Solution:The Indian Constitution gives Right to Equality (Art.14- 18), Right to Freedom of Religion (Art.25-28) and Right to Liberty (Art. 19-22), but does not provide the Right to Equal Shelter.

51. Which of the following is not a fundamental right granted by the Indian Constitution to the citizens? [R.A.S./R.T.S. (Pre) 2003]

Correct Answer: (c) Right to Information
Solution:According to the decision of the Supreme Court, the Right to information lies in the Right to freedom of speech and expression under Art. 19 (1) (A) of the constitution of India. Although, it is not mentioned in the Constitution of India.

52. Consider the following statements: No one can be compelled to sing the National Anthem since- [U.P.S.C. (Pre) 1996]

1. It will be violation of the Right to Freedom of Speech and Expression.

2. It will be violation of the Right to Freedom of Conscience and Practice and Propagation of Religion.

3. There is no legal provision obliging anyone to sing the National Anthem.

In these statements-

Correct Answer: (c) 1,2 and 3 are correct
Solution:The Supreme Court overruled the decision of High Court pronounced in the case of Bijoe Emmanuel vs. State of Kerala. The court held that the expelling the children based on their "conscientiously held religious faith" violated the Constitution of India as enshrined in Article 19(1)(a) and 25(1). The court said that "No provision of law obliges anyone to sing the National Anthem.

53. Choose the fundamental rights available to Indian Citizen but not to aliens: [60th to 62nd B.P.S.C. (Pre) 2016]

I. Freedom of Speech and Expression

II. Equality Before the Law

III. Right of Minorities

IV. Protection of Life and Liberty

Correct Answer: (a) I and III
Solution:The Right to freedom of speech and expression under Article 19, and the cultural and educational rights of minorities under Article 29, are available to Indian citizens only. They am not available in aliens.

54. Which of the following fundamental rights is not available to foreign citizens? [U.P.P.C.S. (Pre) 2007, U.P.P.C.S. (Pre) (Re. Exam) 2015]

Correct Answer: (b) Right to Freedom of Expression
Solution:Under the Constitution, there are various fundamental rights which have been given to both citizens and non- citizens equally. These rights are (1) Equality Before Law (Art. 14), (2) Protection in respect of conviction for offence (Art.20), (3) Protection of Life and Liberty (An.21), (4) Right to Education (Art.21-A), (5) Right Against Exploitation (Art.23,24), (6) Right to Freedom of Religion (Art. 25,26,27 and 28), Whereas, the provision related to Article19(1)(x) (Freedom of speech and expression) in available only to citizens of India.

55. Which one of the following rights is available to all persons under the Indian Constitution? [U.P.P.S.C. (GIC) 2010]

Correct Answer: (a) Right to Equal Protection of the Law.
Solution:Equality before the law or equal protection of the laws' is guaranteed by the Article 14 which is given to all persons under the Indian Constitution, but the 'Right Against Discrimination' (Art. 15,16), Right to freedom of speech and expression (Art. 19 (1) (a)) and the Cultural and Educational Rights (Art.29-30) are available only to the citizens of India.

56. Which of the following rights are not available to all persons in India? [U.P.P.C.S. (Mains) 2002]

1. Equality Before the Law

2. Right Against Discrimination

3. Freedom to Move Freely throughout the Country

4. Right to Contest Election

Correct Answer: (d) 2,3,4
Solution:The Right to 'equality before the law (Art.14) is available to every person in India, but the Right against discrimination (Article 15,16,17), the Right to move freely throughout the territory of India [Article 19(1)(d)] and the Right to contest elections are available only to citizens of India.

57. Which of the following rights conferred by the Constitution of India is also available to non-citizens? [Jharkhand P.C.S. (Pre) 2011, 53rd to 55th B.P.S.C. (Pre) 2011]

Correct Answer: (a) Right to Constitutional Remedies
Solution:The right to constitutional remedies is available to both citizens of India and non-citizens (foreigners) but right to freedom of speech, to freely travel throughout the country and to acquire property is given only to the citizens of India.

58. A British citizen staying in India cannot claim right to- [U.P.S.C. (Pre) 1999]

Correct Answer: (a) Freedom of Trade and Profession
Solution:A British citizen staying in India cannot claim 'Right to Freedom of Trade and Profession' because the Right which has been provided under Article 19(1)(g) is available only to the citizens of India, but other three rights given in the options are available to every person.

59. In India, if a religious sect/community is given the status of a national minority, what special advantages is it entitled to? [U.P.S.C. (Pre) 2011]

1. It can establish and administer exclusive educational institutions.

2. The President of India automatically nominates a representative of the community to Lok Sabha.

3. It can derive benefits from the Prime Minister's 15th Point Programme.

Which of the statements given above is/are correct?

Correct Answer: (c) 1 and 3
Solution:No special representation for minorities is given under the Constitution. Thus statement (2) is wrong, while the other two statements are correct.

60. Bonded Labour was abolished in India, by an Act of Parliament enacted in the year- [U.P. U.D.A/L.D.A. (Pre) 2010, U.P. U.D.A./L.D.A. (Pre) 2001]

Correct Answer: (b) 1976
Solution:Article 23(1) of the Constitution prohibits the traffic in human beings and forced labour. Any contravention of this provision shall be an offence punishable in accordance with law. The Bonded Labour System (Abolition) Ordinance, 1975 was promulgated by the President on 25 October, 1975. To replace the said Ordinance, the Bonded Labour System (Abolition) Bill, 1976 was introduced in the Parliament. The Bonded Labour System (Abolition) Bill, 1976 was passed by both the Houses of Parliament, and it became an Act in 1976.

61. The Child labour was prohibited in hazardous employment by- [U.P. Lower Sub. (Spl) (Pre) 2003, U.P. Lower Sub. (Pre) 2002]

Correct Answer: (d) all of the above
Solution:Indian Constitution under Article 24 says that no child under the age if fourteen years shall be employed to work in any factory of mine or engaged in my other hazardous employment. United Nations Charter has proclaimed that childhood is entitled to special assistance for the full and harmonious development of a child and his or her personality should grow up in a healthy environment. On December 10., 1996, in the case of M.C. Mehta Vs. State of Tamilnadu, the Supreme Court held that the employment of children below the age of 14 years into hazardous child labour is unconstitutional and hence prohibited it.

62. Fil in the blank: ___________without duties are like men without shadows. [M.P.P.C.S. (Pre) 2013]

Correct Answer: (b) Rights
Solution:Sir Ernest Baker has said that, ''Rights without duties are like men without shadow''. So that correct option is (b).

63. In the context of India, which one the following is the correct relationship between Rights and Duties? [U.P.S.C. (Pre) 2017]

Correct Answer: (a) Rights are correlative with Duties
Solution:In the context of India, Rights and Duties are correlative. According to Holland, every right implies the active or passive forbearance by others of the wishes of the party having the right. The forbearance on the part of others is called a duty. Rights and duties are two faces of the same thing. The Supreme Court has observed that there may be a rule which imposes an obligation on an individual or authority and yet it may not be enforceable in a court of law and, therefore, not give rise to a corresponding enforceable right in another person. But it would still be a legal rule because it prescribes a norm of conduct to be followed by such individual or authority. Thus, rights and duties are correlative, and they give the effect to each other.

64. Which one of the following statements is correct? [U.P.P.C.S. (Pre) 2017]

Correct Answer: (c) Rights are claims of the citizens against the State
Solution:Rights are essential for the complete development of human beings. The importance of rights has expanded immensely and has given birth to the concepts of 'fundamental rights human rights, etc. Rights impose restrictions on the powers of the state. These are a guarantee against state action. Thus, rights are claims of the citizens against the state.

65. The concept of 'Right to Service' originated in- [Uttarakhand P.C.S. (Pre) 2016]

Correct Answer: (c) Great Britain
Solution:The concept of 'Right to Service' originated in Great Britain (U.K.). Right to service refers to laws which guarantee time-bound delivery of services for various public services rendered by the Government to citizens. The Right of Citizens for Time-bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 was an attempt to start such a law in India. However, it could not be passed. Notably, Madhya Pradesh is the first state in the country to implement the Right to Services Act on 25 September, 2010. Bihar is the second state to implement such law on 15 August, 2011.
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