Fundamental Rights Part-II

Total Questions: 65

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]

(a) Right to Settle in any part of the Country
(b) Right to Gender Equality
(c) Right to Information
(d) Right Against Exploitation

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-

(a) 1 and 2 are correct
(b) 2 and 3 are correct
(c) 1,2 and 3 are correct
(d) none is correct

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

(a) I and III
(b) I and IV
(c) II and IV
(d) II und III
(e) None of the above More than one of the above

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 are not available to 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]

(a) Equality Before Law
(b) Right to Freedom of Expression
(c) Right to Freedom of Life and liberty
(d) Right Against Exploitation

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]

(a) Right to Equal Protection of the Law.
(b) Right Against Discrimination.
(c) Right to Freedom of speech and expression.
(d) Cultural and Educational Rights.

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

(a) 1,3,4
(b) 1,2,4
(c) 1,2,3
(d) 2,3,4

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]

(a) Right to Constitutional Remedies
(b) Freedom of Speech
(c) Freedom to Move and Settle in any Part of the Country
(d) Freedom to Acquire Property

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]

(a) Freedom of Trade and Profession
(b) Equality before the Law
(c) Protection of life and Personal Liberty
(d) Freedom of Religion

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?

(a) 1 only
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3

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]

(a) 1971
(b) 1976
(c) 1979
(d) 1981

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.

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