Fundamental Rights Part-I

Total Questions: 90

51. Reasonable restrictions on 'Exercise of Freedom of Speech and Expression' under Article 19 (2) are justified in the interest of which of the following conditions? [Jharkhand P.C.S. (Pre) 2023]

(I). Security of state
(II). Defamation
(III). Sedition
(IV). Public Order
Select the correct answer :

(c) Only I, II and IV
(a) I and II
(b) II and III
(d) All of the above

Correct Answer: (c) Only I, II and IV

Solution:Reasonable restrictions on the Exercise of Freedom of Speech and Expression under Article 19(2) are justified in the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, Public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. Hence, option (c) is the correct answer.

52. Which Article of the Constitution of Indian Republic relates to the Protection of 'Life and Personal Liberty"? [Uttarakhand PCS (Pre) 2016]

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

Correct Answer: (b) Article 21

Solution:Article 21 of the Indian Constitution is related to the Protection of 'Life and Personal Liberty'. Article 19 guarantees the protection of certain rights regarding the freedom of Speech etc. Article 22 is about the protection against arrest and detention in certain cases, and Article 20 is about the Protection with respect to conviction for offences.

53. In which Article of Indian Constitution Doctrine of Due Process of Law is included? [U.P.P.C.S. (Mains) 2014]

(a) 11
(b) 16
(c) 21
(d) 26

Correct Answer: (c) 21

Solution:Article 21 says that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

54. Which Article of the Indian Constitution protects person's right to travel abroad: [U.P.P.C.S. (Pre) 1997]

(a) 14
(b) 19
(c) 21
(d) None of the above

Correct Answer: (c) 21

Solution:In the case of Maneka Gandhi Vs. UOI, 1978, the Supreme Court held that the right to travel abroad is a fundamental right and is secured by Article 21.

55. Identify the incorrect statement regarding Judicial Interpretation of Article 21 after Supreme Court's verdict in Maneka Gandhi Case, 1978. [Raj. P.C.S. (Pre) 2023]

(a) The burden lies on the petitioner to prove that the procedure established by law which deprives him of his life or personal liberty is arbitrary.
(b) "Procedure established by law' is by and large synonymous with the 'Procedural, due process as prevalent in the U.S.A.
(c) Articles 21, 19 and 14 are not mutually exclusive.
(d) The Right to Life' includes "The Right to Live with Dignity.
(e) Question not attempted

Correct Answer: (a) The burden lies on the petitioner to prove that the procedure established by law which deprives him of his life or personal liberty is arbitrary.

Solution:Judgement in the Maneka Gandhi case, 1978 was delivered on 25 January 1978. It was an immensely important judgment which widened the scope of Article 21. A 7-Judge bench unanimously delivered the judgement.

The statement (1) is not related to the judicial interpretation of Article 21 in the judgement of the Maneka Gandhi case verdict. Some of the features which are very important are as follows:

Article 21 cannot allow an arbitrary or irrational process, Procedure established by law' is by and large synonymous with the procedural due process as prevalent in the U.S.A.

Articles 14, 19 and 21 are not mutually exclusive.

The 'Right to life includes The Right to live with dignity The 'Right to travel abroad is guaranteed under Article 21.

Other important rights which were brought into the ambit. of Article 21, are

Right to clean water

Right to clean air

Right to freedom from noise pollution

Right to livelihood

Right to speedy and fair trial

Right to food

Right to clean environment.

56. Which of the following has been recognized as a fundamental right by the Supreme Court of India? [U.P.P.C.S. (Pre) 1998]

1. Right to Shelter

2. Right to Travel Abroad

3. Right to Equal Pay for Equal Work

Select the correct answer from the code given below:

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

Correct Answer: (d) 1,2 and 3

Solution:In the case of Chameli Singh Vs. State of U.P. 1995, the Supreme Court has held that 'Right to Livelihood under Article 21 also includes 'Right to Shelter. It was further stated that the right to shelter does not mean a mere right to a roof over one's head but the right to all the infrastructure necessary to enable a person to live. The Supreme Court, in the case of Satwant Singh Vs. Union of India, held that the right to travel abroad is a fundamental right. 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 property applied to the cases of unequal scales of pay based on no classification or irrational classification, though those, drawing the different scales of pay, do identical work under the same employer." Thus the correct answer is option (d).

57. Which one of the following rights is available under Article 19(1)(d) read with Article 21: [U.P.P.C.S. (Mains) 2004, U.P.P.C.S. (Pre) 2003, U.P.U.D.A/L.D.A. (Pre) 2002]

(a) Right to travel abroad
(b) Right to Shelter
(c) Right to privacy
(d) Right to information

Correct Answer: (c) Right to privacy

Solution:In the Govind vs state of M.P. and ANR (1975) and Malak Singh and others, vs, state of Punjab and Haryana and others. (1980), the supreme court held that the right to privacy is implicit under Article 21. This right is the right to be let alone. In the context of surveillance, it has been held that surveillance, if intrusive and seriously encroaches on the privacy of citizens, can infringe the freedom of movement guaranteed by Articles 19 (1) (d) and Article 21.

58. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? [U.P.S.C. (Pre) 2018]

(a) Article 14 and the provisions under the 42nd Amendment to the constitution.
(b) Article 17 and the Directive Principle of state policy in Part IV.
(c) Article 21 and the freedom guaranteed in Part III.
(d) Article 24 and the provisions under the 44th Amendment to the Constitution.

Correct Answer: (c) Article 21 and the freedom guaranteed in Part III.

Solution:Justice K.S. Puttaswamy (Rted.) and others. Vs. Union of India, is a landmark judgment of the Supreme Court of India, which holds that the Right to Privacy is protected as a Fundamental Right under Article 21 of the Constitution of India , Hence, Option (c) is correct.

59. 'Right to Privacy' is protected under which Article of the Constitution of India? [U.P.S.C. (Pre) 2021]

(a) Article 15
(b) Article 19
(c) Article 21
(c) Article 29

Correct Answer: (c) Article 21

60. which Article of the Constitution of India safeguards one's right to marry the person of one's choice? [U.P.S.C. (Pre) 2019]

(a) Article 19
(b) Article 21
(c) Article 25
(d) Article 29