Fundamental Rights Part-I

11. Which Article of the Constitution gives precedence to Constitutional provisions over the laws made by the Union Parliament/State Legislatures? [45th B.P.S.C. (Pre) 2001]

(a) 13
(b) 32
(c) 245
(d) 326

Correct Answer: (a) 13

Solution:Article 13 of the Indian Constitution makes provision that pre-constitutional laws and post-constitutional laws, if inconsistent with the provisions of Fundamental Rights enumerated in part III, shall be void to the extent of such inconsistency. Article 245 is related to the extent of laws made by the Parliament and by the Legislatures of the States. Article 326 is related to the election of the Lok Sabha and Legislative Assemblies of the States to be on the basis of adult suffrage, and Article 32 is for the Constitutional remedies. Thus in the given option, (a) seems to be the correct answer.

12. The main object of Article 13 of the Indian Constitution is to secure the Paramountcy of the Constitution regarding: [U.P.P.C.S. (Pre) 1999]

(a) Directive Principles of State Policy
(b) Fundamental Rights
(c) Fundamental Duties
(d) All of the above

Correct Answer: (b) Fundamental Rights

Solution:Article 13 of the Indian Constitution makes provision that pre-constitutional laws and post-constitutional laws, if inconsistent with the provisions of Fundamental Rights enumerated in part III, shall be void to the extent of such inconsistency. Article 245 is related to the extent of laws made by the Parliament and by the Legislatures of the States. Article 326 is related to the election of the Lok Sabha and Legislative Assemblies of the States to be on the basis of adult suffrage, and Article 32 is for the Constitutional remedies. Thus in the given option, (a) seems to be the correct answer.

13. In the Indian Constitution, the right to equality is granted by five Articles, They are: [U.P.S.C. (Pre) 2002, U.P. Lower Sub. (Pre) 2015, U.P.R.O./A.R.O. (Pre) 2014]

(a) Article 16 to Article 20
(b) Article 15 to Article 19
(c) Article 14 to Article 18
(d) Article 13 to Article 17

Correct Answer: (c) Article 14 to Article 18

Solution:In the Indian constitution, the right to equality is granted under five Articles from Articles-14 to 18, as follows-

Article

14- Equality before law

15- Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth.

16-Equality of opportunity in matters of public employment.

17- Abolition of untouchability 18- Abolition of titles.

14. The Right to Equality is given by- [U.P.P.C.S. (Pre) 2009]

(1) Article 13

(2) Article 14

(3) Article 15

(4) Article 16

Use the code given below to choose the correct answer-

(a) 1 and 2
(b) 1,2 and 3
(c) 2,3 and 4
(d) All above

Correct Answer: (c) 2,3 and 4

Solution:The right to equality has been incorporated in Part III of the Indian Constitution under Articles 14 to 18. Article 14 deals with Right to Equality, Article 15 deals with the Prohibition of Discrimination on the grounds of Religion, Race, Caste, Sex or place of Birth, Article 16 deals with equality of opportunity in the matter of Public employment, Article 17 deals with Abolition of Untouchability and Article 18 deals with Abolition of Title. Therefore Articles 14, 15 and 16 provide the Right to Equality. Thus option (c) is correct.

15. Which one of the following Articles of the Indian Constitution puts an absolute limitation on the legislative power: [U.P.P.C.S. (Pre) 1999]

(a) Article 14
(b) Article 15
(c) Article 16
(d) Article 17

Correct Answer: (a) Article 14

Solution:Under Article 14 of the Constitution of India, Equality before the law has been incorporated. Under Article 14, the state shall not deny any person equality before the law or the equal protection of laws within the territory of India on the grounds of religion, race, caste, sex or place of birth. Article 14 puts a limitation on the legislative power. Every person, whether a citizen or a foreigner has this right under Article 14.

16. Which one of the following Articles of the Constitution of India is related to equality before law? [U.P.P.C.S. (Mains) 2015]

(a) Article 16
(b) Article 15
(c) Article 14
(d) Article 13

Correct Answer: (c) Article 14

Solution:Under Article 14 of the Constitution of India, Equality before the law has been incorporated. Under Article 14, the state shall not deny any person equality before the law or the equal protection of laws within the territory of India on the grounds of religion, race, caste, sex or place of birth. Article 14 puts a limitation on the legislative power. Every person, whether a citizen or a foreigner has this right under Article 14.

17. In which article of the constitution 'Equal Protection of Law' is provided? [Chhattisgarh P.C.S. (Pre) 2018]

(a) Article 12
(b) Article 13
(c) Article 14
(d) Article 15

Correct Answer: (c) Article 14

Solution:Article 14 says that the state shall not deny to any person equality before the law of the equal protection of the laws within the territory of India. It confers rights on all persons, whether citizens or foreigners. The concept of Equal Protection of the law is taken from the American constitution. It suggests-

(a) the equality of treatment under equal circumstances, both in the privileges conferred & liabilities imposed by the laws.

(b) the similar application of the same laws to all persons who are similarly situated, and

(c) the like should be treated alike without any discrimination

18. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India? [U.P.S.C. (Pre) 2021]

(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44

Correct Answer: (a) Article 14

Solution:The court exercises control over the delegation of discretionary powers to the administration by adjudicating upon the constitutionality of the law under which such powers are delegated with reference to the fundamental rights enunciated in Part III of the Indian Constitution. Therefore, if the law confers vague and wide discretionary power on any administrative authority, it may be declared ultra vires Article 14, Article 19 and other provisions of the Constitution. Article 14 of the Constitution guarantees equality before law, but the courts have permitted reasonable classification to be made. Where the law is valid under the article, a discriminatory action would still be violative of the equality clause Hence, option (a) is correct.

19. What is meant by 'Rule of Law'? [66th B.P.S.C. (Pre) 2020]

(a) One act for all and one judiciary for all
(b) One act for all and one State for all
(c) One State for all and one judiciary for all
(d) All acts for one and one judiciary for all
(e) None of the above/More than one of the above

Correct Answer: (a) One act for all and one judiciary for all

Solution:The Rule of Law' implies that the creation of laws, their enforcement and the relationship among legal rulers are themselves legally regulated, so that no one, including the most highly placed official, is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely.

related nation is the idea of equality before the law, which holds that no legal person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions.

20. Prohibition of discrimination on the ground of religion etc. (Article 15 of the Constitution of India) is a Fundamental Right classifiable under: [U.P.S.C. (Pre) 1995]

(a) The Right to Freedom of Religion
(b) The Right against Exploitation
(c) The Cultural and Educational Rights
(d) The Right to Equality

Correct Answer: (d) The Right to Equality

Solution:Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth is a fundamental right which is provided in Article 15 of the Indian Constitution under the category of Right to Equality (Art. 14-18).