Fundamental Rights Part-I

Total Questions: 90

21. Which one of the following fundamental rights was amended as a result of the decision of the Supreme Court of India in 'State of Madras Vs. 'Champakam Dorairajan' case: [U.P.P.C.S. (Pre) 1997]

(a) Right to equality before law
(b) Right against discrimination
(c) Right against untouchability
(d) Right to freedom of speech and expression

Correct Answer: (b) Right against discrimination

Solution:The right against discrimination was amended following the Supreme Court's verdict in the case of the State of Madras Vs. Champakam Dorairajan. In Article 15, clause 4 was added by the first Constitution Amendment (1951) for making special provisions for the advancement of the socially and educationally backward classes.

22. Under which article of the Constitution reservations in admission to educational institutions, including private and unaided, to OBCs/ST/SC is made? [Uttarakhand P.C.S. (Pre) 2012]

(a) Article 15(4)
(b) Article 15(5)
(c) Article 16(4)
(d) Article 16(5)

Correct Answer: (b) Article 15(5)

Solution:Article 15 is related to the prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth. Clause 5 of this Article empowers the State to make such special provisions relating to reservation in admission for Scheduled Castes or Scheduled Tribes in educational institutions which include private educational institutions, whether aided or unaided by the State other than the minority educational institutions referred to in clause (1) of Article 30. The 93 Amendment Act, 2005 enabled the provision of reservation (27%) for other backward classes in Government as well as in private educational institutions.

23. The provisions of reservation of O.B.C. is made in the Constitution under which Articles? [Uttarakhand P.C.S. (Pre) 2016]

(a) Article 13(II) & 14
(b) Article 14 & 15
(c) Article 15 (IV) & 16 (IV)
(d) Article 17 & 18

Correct Answer: (c) Article 15 (IV) & 16 (IV)

Solution:Article 15(4) empowers the State to make special provision for the advancement of socially and educationally backward classes or for the Scheduled Castes and Scheduled Tribes Similarly, Article 16(4) empowers the state to make provisions for the reservation in appointments or posts in favour of backward-class citizens.

24. Which of the following Articles of the Indian Constitution guarantees equality of opportunity to all citizens of India in matters relating to public employment? [U.P.P.C.S. (Mains) 2009]

(a) Article 15
(b) Article 16 (1) and 16(2)
(c) Article 16(3)
(d) Article 16 (3), (4) and (5)

Correct Answer: (b) Article 16 (1) and 16(2)

Solution:Under Articles 16(1) and 16(2), the equal opportunity for all citizens, in matters relating to employment or appointment to any office under the State, has been ensured.

25. Which one of the following is not included in the fundamental right to equality as enshrined in the Indian Constitution? [U.P.P.C.S. (Spl) (Mains) 2008]

(a) Equality before law
(b) Social equality
(c) Equal opportunity
(d) Economic equality

Correct Answer: (d) Economic equality

Solution:The right to equality does not include economic equality as a Fundamental Right. Equality before the law under Article 14. social equality under Article 15 and Equal opportunity under Article 16 are included under the fundamental right to equality.

26. Assertion (A): The State can treat unequal differently with the objective of creating a level playing field in the social, economic and political spheres. Reason (R): Among equals the law should be equal and equally administered. In the context of above statements select the correct answer. [U.P.P.C.S. (Mains) 2016]

(a) (A) is true, but (R) is false.
(b) (A) is false, but (R) is true.
(c) Both (A) and (R) are correct, but (R) is not correct explanation of (A).
(d) Both (A) and (R) are true and (R) is the correct explanation of (A).

Correct Answer: (d) Both (A) and (R) are true and (R) is the correct explanation of (A).

Solution:The State can treat unequal differently, as equal protection of law guaranteed by Article 14 does not mean that all laws must be general in character. There are reasonable classifications varying to the needs of different classes of persons with the objective of creating a level playing field in social, economic and political spheres. But among the equals, the law should be equal and equally administrated. Thus both (A) and (R) are true and (R) is the correct explanation of (A).

27. Consider the following statements: [U.P.S.C. (Pre.) 2023]

Statement-1: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.

Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-1 and Statement-II are correct and Statement-II is the correct explanation for Statement-1
(b) Both Statement-I and Statement-ll are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct

Correct Answer: (c) Statement-I is correct but Statement-II is incorrect

Solution:Article 16 (4) of the Constitution enables States to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. However, the Supreme Court of India has consistently referred to the notions of "efficiency" and "merit," while adjudicating the validity of various reservation policies. The Court has held in several judgments, such as Indra Sawhney Vs Union of India 1993 and M Nagaraj Vs Union of India 2006, that the reservation policies made under Article 16(4) of the Constitution have to be interpreted in the background of Art. 335 which provides for "maintenance of efficiency of administration," while making appointments to services and posts in connection with the affairs of the Union or of a State. Article 335 states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. This Article has, however, not defined the expression 'efficiency of administration'. Hence, statement I is correct but statement II is incorrect.

28. Under which Amendment Act was the reservation in promotion for the Scheduled Castes and Scheduled Tribes ensured by inserting Clause '4A' in Article 16? [Jharkhand P.C.S. (Pre) 2023]

(a) 75 Amendment Act, 1994
(b) 76 Amendment Act, 1994
(c) 77 Amendment Act, 1995
(d) 108 Amendment Act, 2008

Correct Answer: (c) 77 Amendment Act, 1995

Solution:The 77 Amendment Act, 1995 ensured the reservation in promotion for the Scheduled Castes and Scheduled Tribes by inserting clause (4A) in the Article-16.

29. Which of the following enabled the Supreme Court of India to deduce a fundamental right to equal pay for equal work: [U.P.P.C.S. (Pre) 1999]

(a) The word 'socialist' used in the Preamble to the Constitution
(b) (a) read with Article 14 of the Constitution
(c) (a) read with Article 16 of the Constitution
(d) (a), (b) and (c) all read together

Correct Answer: (d) (a), (b) and (c) all read together

Solution:The word 'Socialist' is in the Preamble. Article 14, Article 16 and Article 39 (d), together with the Preamble, enabled the court to deduce the right to Equal pay for Equal work as a Fundamental Right.

30. Which of the following Article/Articles read with the word 'Socialist' used in the Preamble of the Indian Constitution enabled the Supreme Court to deduce a fundamental right to Equal Pay for Equal Work? [U.P.P.C.S (Pre) 2001, U.P.U.D.A/L.D.A. (Pre) 2002, U.P.P.C.S. (Pre) 2003]

(a) Article 14
(b) Articles 14 and 15
(c) Articles 14, 15 and 16.
(d) Articles 14 and 16

Correct Answer: (d) Articles 14 and 16

Solution:In a landmark case of Randhir Singh Vs. Union of India, the Supreme Court held that "Construing Article 14 and 16 in the light of the preamble and Article 39 (d) we are of the view that the principle Equal pay for equal work is deducible from those Articles and may be properly applied to cases of unequal scales of pay based on no classification or irrational classification though these drawing the different scales of pay do identical work under the same employer." Thus correct answer is option (d).

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