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 :

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]

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]

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.
Procedure Established by LawDue Process of Law
It means that a law that is duly enacted by the legislature or the body in question is valid if the procedure to establish it has been correctly followed.Due process of law checks whether any law in question is fair and not arbitrary.
The Judiciary would assess whether the legislature is competent to frame the law and whether it had followed the procedure laid down to legislate and would not assess the intent of the said law.If the Supreme Court of India that any law as not fair, it will declare it as null and void. This doctrine provides for more fair treatment of individual rights.
Compared to 'due process of law' it is narrow in scope as it does not question whether the law concerned is contrary to principles of justice and equity.The due process of law gives wide scope to the Supreme Court to grant protection to the rights of its citizens.
The Supreme Court, while determining the constitutionality of the law examines only the substantive question i.e., whether the law is within the powers of the authority concerned or not.The Supreme Court can declare laws violative of fundamental rights and render them void not only on substantive grounds of being unlawful but also on procedural grounds of being unreasonable.
A rigid and inflexible following of the procedure established by law may raise the risk of compromise to life and personal liberty of individuals due to unjust laws made by the law-making authorities. Thus, Procedure established by law protect the individual against the arbitrary action of only the executive.Under due process, it is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that states enact must conform to the laws of the land.

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

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.
  • The right to travel abroad is not explicitly mentioned in the Constitution of India. However, it has been interpreted as a part of the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution.
  • Relevant Provisions:
  • Article 21: No person shall be deprived of his life or personal liberty except according to a procedure established by law.
  • Article 19(1)(d) This article guarantees freedom of movement, which is interpreted to include the right to travel within the country.
  • Article 19(1)(a) This article guarantees freedom of speech and expression, which can be interpreted to include the right to travel abroad for educational, cultural, or professional purposes.

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]

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 airnRight 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:

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]

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]

Correct Answer: (c) Article 21 and the freedom guaranteed in Part III.
Solution:The right to privacy is a fundamental aspect of individual autonomy, allowing people to make personal choices free from unwarranted interference. It encompasses the right to control one's personal information, maintain confidentiality, and make autonomous decisions without interference.
  • Need: This right is essential for upholding human dignity and freedom, as it allows individuals to express themselves freely, engage in personal relationships, and participate in society without fear of surveillance or discrimination.
  • Indian Context: In 2017, the Supreme Court affirmed this right in the landmark Puttaswamy v. Union of India case, recognising privacy as a constitutional and fundamental right under Article 21 of Part III of the Indian Constitution.
  • International Framework: Article 12 of the Universal Declaration of Human Rights 1948 and Article 17 of the International Covenant on Civil and Political Rights 1966 establish legal safeguards against "arbitrary interference" with an individual's privacy, family, home, correspondence, dignity, and reputation.

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

Correct Answer: (c) Article 21
Solution:The right to privacy is a fundamental aspect of individual autonomy, allowing people to make personal choices free from unwarranted interference. It encompasses the right to control one's personal information, maintain confidentiality, and make autonomous decisions without interference.
  • Need: This right is essential for upholding human dignity and freedom, as it allows individuals to express themselves freely, engage in personal relationships, and participate in society without fear of surveillance or discrimination.
  • Indian Context: In 2017, the Supreme Court affirmed this right in the landmark Puttaswamy v. Union of India case, recognising privacy as a constitutional and fundamental right under Article 21 of Part III of the Indian Constitution.
  • International Framework: Article 12 of the Universal Declaration of Human Rights 1948 and Article 17 of the International Covenant on Civil and Political Rights 1966 establish legal safeguards against "arbitrary interference" with an individual's privacy, family, home, correspondence, dignity, and reputation.

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]

Correct Answer: (b) Article 21
Solution:In Lata Singh v\s State of U.P. 2006, The Supreme Court viewed the right to marry as a component of the right to life under Article 21 of the Indian constitution.
In the Hadiya marriage case, the supreme court also said that the right to convert & choose a partner is implicit under Article 21 of the Constitution.