Fundamental Rights Part-I

41. Which one of the following Articles of the Indian Constitution belong to a different category: [U.P.P.C.S. (Pre) 2000]

Correct Answer: (*)

Solution:Among the given Article categorisation can be done in two ways. First way, Article 19 belong to a different category as it comes in the category of the Right to Freedom. While the other three belong to the right to equality. Article 19 deals with the protection of certain Rights such as
19(1)(a) Freedom of speech and expression
19(1)(b) To assemble peacefully and without arms
19(1)(c) To form association or unions
19(1)(d) To move freely throughout the territory of India
19(1)(e) To reside and settle in any part of the territory of India 1
9(1)(1) To practice any profession, or to carry any occupation, trade or business.
The Second way, Article 14 belongs to a different category, as it is available to all persons (citizens and foreigners both). While, the other three Articles 15, 16 and 19 provide rights available only to a citizen and not to an alien.

42. In the Indian Constitution the "Right to Freedom' is granted by four Articles which are- [U.P.P.C.S. (Mains) 2016]

(a) Article 19 to Article-22
(b) Article-16 to Article-19
(c) Article-17 to Article-20
(d) Article-18 to Article-21

Correct Answer: (a) Article 19 to Article-22

Solution:The right to freedom is granted in the Indian Constitution from (Arts. 19-22), where Article 19 deals with the protection of certain rights including the right to freedom of speech, peaceful assembly for association or union, move freely. settle and reside, etc. Article 20 deals with protection in respect of conviction for offences, Article 21 deal with the right to life and personal liberty, Article 21-A deals with right to education, Article 22 deals with protection against arrest and detention in certain circumstances.

43. In which Article the Fundamental Rights to Freedom of Speech and Expression is provided in the Constitution of India? [Uttarakhand U.D.A/L.D.A. (Pre) 2007]

(a) Article 14
(b) Article 19
(c) Article 21
(d) Article 22

Correct Answer: (b) Article 19

Solution:The right to freedom is granted in the Indian Constitution from (Arts. 19-22), where Article 19 deals with the protection of certain rights including the right to freedom of speech, peaceful assembly for association or union, move freely. settle and reside, etc. Article 20 deals with protection in respect of conviction for offences, Article 21 deal with the right to life and personal liberty, Article 21-A deals with right to education, Article 22 deals with protection against arrest and detention in certain circumstances.

44. Which Article of the Constitution of India is related with Freedom of the Press. [47th B.P.S.C. (Pre) 2005]

(a) Article 19
(b) Article 20
(c) Article 21
(d) Article 22

Correct Answer: (a) Article 19

Solution:In the Indian Constitution, freedom of the Press is not given directly, but the Supreme Court held that the right to freedom of speech and expression [Article 19 (1)(a)] includes the right to freedom of the Press.

45. Which Article of the Constitution ensure the freedom of the Press? [Chhattisgarh P.C.S. (Pre) 2005]

Correct Answer: (b) Article 19

Solution:In the Indian Constitution, freedom of the Press is not given directly, but the Supreme Court held that the right to freedom of speech and expression [Article 19 (1)(a)] includes the right to freedom of the Press.

46. Indian Constitution does not give right to freedom of the Press, but it is included in- [Uttarakhand U.D.A./L.D.A. (Pre) 2001, U.P.U.D.A./L.D.A. (Pre) 2001]

(a) Article 19(1)(a)
(b) Article 19(1)(b)
(c) Article 19(1)(c)
(d) Article 19(1)(d)

Correct Answer: (a) Article 19(1)(a)

Solution:Indian Constitution does not give directly the right to freedom of the Press, but it is included in Article 19(1)(a), which provides the right to freedom of speech and expression.

47. Freedom of News Papers in India- [U.P.S.C. (Pre) 1994]

(a) Specially provided by Article 19(1)(a)
(b) Is secured under Article 19(1)(b)
(c) Secured by Article 361-A
(d) Has origin by the enforcement of Rule of law

Correct Answer: (a) Specially provided by Article 19(1)(a)

Solution:Freedom of the Newspapers or Press is not directly provided by the Constitution but is included in Article 19(1)(a) as freedom of speech and expression. In the case of Sakal Papers Ltd. Vs. Union of India, 1961, the Supreme Court stated that the freedom of the Press is included in the freedom of speech and expression under Article 19(1)(a).

48. The Supreme Court has held that hoisting the National Flag atop the private buildings is a fundamental right of every citizen under: [60th to 62nd B.P.S.C. (Pre) 2016]

(a) Article 14 of the Constitution
(b) Article 19(1)(a) of the Constitution
(c) Article 21 of the Constitution
(d) Article 25 of the Constitution
(e) None of the above/More than one of the above

Correct Answer: (b) Article 19(1)(a) of the Constitution

Solution:According to the Supreme Court of India, hoisting the national Flag atop the private buildings is a fundamental right of every citizen under Article 19 (1)(a) of the constitution. Article 14 guarantees equality before the law or the equal protection of the laws. Article 21 deals with the right to life and personal liberty. Article 25 provides for freedom of conscience and free profession, practice and propagation of religion.

49. As a part of the Right to Freedom, which one of the followings does not form part of "Freedom to Assemble Peaceably and Without Arms"? [Jharkhand P.C.S. (Pre) 2013]

(a) Gherao officials not performing their duties
(b) Peaceful assembly
(c) People who assemble should not bear arms
(d) State can make a law imposing reasonable restrictions on the exercise of this Right

Correct Answer: (a) Gherao officials not performing their duties

Solution:Article 19(1)(b) provides the freedom to assemble peaceably and without arms, and under Article 19(3), the state can impose reasonable restrictions on it in the interest of public order.

50. By which of the following grounds, a citizen's freedom of expression may not be subjected to restriction? [Chhattisgarh P.C.S (Pre) 2013]

Correct Answer: (d) Unbecoming criticism

Solution:The freedom of speech and expression may be restricted on the grounds of sovereignty and integrity of India, security of State, friendly relation with the foreign States, public order, decency or morality or contempt of court, defamation or Incitement to an offence as enumerated in Article 19(2).