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]

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.
  • In order to give effect to Article. 15 (5), The Centre passed the Central Educational Institutions (Reservation in Admission) Act, 2006, which established a 27% quota for applicants from Other Backward Classes (OBCs) in all central higher educational institutions, including the IITs and IMs. Here it should be noted that the children of the following different categories of people belong to the creamy layer' among OBCs and thus will not get the quota benefit:
  • Constitutional Posts: Persons holding constitutional posts like President, Vice-president, Judges of SC and HCs, Chairman and Members of UPSC and SPSCS, CEC, CAG and so on.
  • Officers: Group A' / Class i and Group 'B' / Class II Officers of the All India, Central and State Services; and Employees holding equivalent posts in PSUs, Banks etc. and also in private employment.
  • Top-ranked army officers: Persons who are in the rank of colonel and above in the Army and equivalent posts in the Navy, the Air Force, and the Paramilitary Forces.
  • Other Professions: Professionals like doctors, lawyers, engineers, artists, authors, consultants and so on. Persons engaged in trade,
    business and industry,
  • Agricultural land: People holding agricultural land above a certain limit and vacant land or buildings in urban areas.
  • Annual Income: Persons having a gross annual income of more than 8 lahks or possessing wealth above the exemption limit. Ilt was Rs. 1 lakh when the "creamy layer" ceiling was first introduced in 1993. Later, it was changed to Rs. 2.5 lakh in 2004, Rs. 4.5 lakh in 2008, Rs. 6 lahks in 2013, and Rs. 8 lahks in 2017

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]

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]

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.
  • In order to give effect to Article. 15 (5), The Centre passed the Central Educational Institutions (Reservation in Admission) Act, 2006, which established a 27% quota for applicants from Other Backward Classes (OBCs) in all central higher educational institutions, including the IITs and IMs. Here it should be noted that the children of the following different categories of people belong to the creamy layer' among OBCs and thus will not get the quota benefit:
  • Constitutional Posts: Persons holding constitutional posts like President, Vice-president, Judges of SC and HCs, Chairman and Members of UPSC and SPSCS, CEC, CAG and so on.
  • Officers: Group A' / Class i and Group 'B' / Class II Officers of the All India, Central and State Services; and Employees holding equivalent posts in PSUs, Banks etc. and also in private employment.
  • Top-ranked army officers: Persons who are in the rank of colonel and above in the Army and equivalent posts in the Navy, the Air Force, and the Paramilitary Forces.
  • Other Professions: Professionals like doctors, lawyers, engineers, artists, authors, consultants and so on. Persons engaged in trade,
    business and industry,
  • Agricultural land: People holding agricultural land above a certain limit and vacant land or buildings in urban areas.
  • Annual Income: Persons having a gross annual income of more than 8 lahks or possessing wealth above the exemption limit. Ilt was Rs. 1 lakh when the "creamy layer" ceiling was first introduced in 1993. Later, it was changed to Rs. 2.5 lakh in 2004, Rs. 4.5 lakh in 2008, Rs. 6 lahks in 2013, and Rs. 8 lahks in 2017

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]

Correct Answer: (b) Article 16 (1) and 16(2)
Solution:Article 16 briefly states the provisions guaranteeing equal opportunity to all the citizens in public employment without any discrimination as a general rule but subject to certain exceptions.
General Rule
  • Clause (1) states the provision for Equal Opportunity as:
  • equality of opportunity to all the citizens in matters of public employment under the State.
  • It is only applicable to offices under the Central and the State Governments.
  • Clause (2) states the provisions for Equal Access to Public Employment as:
  • It prohibits the State from conferring any discrimination against citizens in the matter of public employment on the grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them.

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]

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.

The Part III of the Indian Constitution enshrines Fundamental Rights, guaranteeing equality and justice to all citizens regardless of caste, race, birthplace, religion, or gender. These rights are justiciable and form a key constitutional pillar.

Articles 14-18, under the Right to Equality, uphold the principle of "equality of status and opportunity" as stated in the Preamble. This right is among the six Fundamental Rights recognized by the Constitution.

Article 14: Right to Equality
Article 15: Prohibition of Discrimination on the Grounds of Religion, Race, Caste, Sex or Place of Birth
Article 16: Equality of Opportunity in Public Employment
Article 17: Abolition of Untouchability
Article 18: Abolition of Titles.

26. In the context of Below statements select the correct answer [U.P.P.C.S. (Mains) 2016]

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.

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?

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]

Correct Answer: (c) 77th 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.
  • Article 16 (4): Provides that the State can make any provision for the reservation of appointments or posts in favour of any backward class of citizens who, in the opinion of the state, are not adequately represented in the services under the State.
  • Article 16 (4A): Provides that the State can make any provision for reservation in matters of promotion in favour of the Scheduled Castes and the Scheduled Tribes if they are not adequately represented in the services under the State.
  • Article 16(4B): It enabled the unfilled SC/ST quota of a particular year to be carried forward to the next year.
  • Both Articles 16(4A) and 16(4B) were inserted by the 77th Constitutional Amendment Act, 1995.
  • Article 16 (6): It enables the State to make provisions for reservation in appointments. These provisions will be subject to a 10% ceiling, in addition to the existing reservations.

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]

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.

The legal principle "Equal Pay for Equal Work" is a recognized concept in the Constitution of India not explicitly as a fundamental right but as a constitutional goal. It is provided under Part IV Directive Principles of State Policy under Article 39(d) which states that "there is equal pay for equal work for both men and women."

This doctrine cannot be put in a straight jacket but if read with Article 14, 15, and 16 of the Constitution of India, it will certainly hold a great constitutional significance.

In the case of Randhir Singh v. Union of India, it was held that "Equal pay for equal work is not an abstract doctrine but one of substance, and Directive principles have to be read into the fundamental rights as a matter of interpretation."

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]

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).