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Fundamental Rights Part-II

📆 October 1, 2024

Total Questions: 65

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- structure doctrine of the Indian Constitution ? [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: (d) 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.

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.
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