Fundamental Rights Part-I

61. Which one of the following does not fall within the purview of article 21 of the Constitution? [U.P.P.C.S. (Pre) 2017]

(a) Medical aid to injure by a doctor
(b) Sexual Harassment of Women at work place.
(c) Pollution of the quality of water.
(d) Capital punishment

Correct Answer: (d) Capital punishment

Solution:Article 21 of the Indian Constitution provides that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." Hon'ble Supreme Court of India has widened the scope and orbit of the right to life and personal liberty on various occasions. According to the question given here, option (d) is correct, as from the decision of Bachan Singh Vs. State of Punjab case, it is now clear that the provision of capital punishment, as given in section 302 of LP.C., is not violative of Article 21 of the constitution, because it is given only for serious crimes. So, capital punishment doesn't come under the provision of Article 21 of the constitution. All the other rights given in the options come under the right to life and personal liberty, as it has been declared by the Supreme Court through following decisions as -

(i) Medical aid to injured by Doctor in Parmananda Katara Vs. Union of India 1989 S.C.

(ii) Sexual Harassment of women at workplace in Vishakha Vs. State of Rajasthan 1997 S.C. (iii) Pollution of the quality of Air in Subhash Kumar Vs. State of Bihar 1991 S.C.

62. Which one of the following rights cannot be suspended or restricted even during National Emergency? [U.P.P.C.S. (Mains) 2008]

(a) Right to reside and settle in any part of the country.
(b) Right to life and personal liberty.
(c) Right to move freely throughout the territory of India
(d) Right to carry on any profession or business

Correct Answer: (b) Right to life and personal liberty.

Solution:After the 44-Constitutional Amendment (1978), fundamental rights of life and Personal liberty (Art. 21) can not be suspended even during National Emergency. If the National Emergency is declared on the grounds of war or external aggression, the fundamental rights under Article 19 are automatically suspended. It cannot be suspended on the grounds of armed rebellion.

63. The scope of the Article 21 of the Constitution was expanded to include Right to Education, because of the decision of Supreme Court in the case- [M.P.P.C.S. (Pre) 2019]

(a) Unnikrishnan vis Andhra Pradesh
(b) Govind v/s State of Madhya Pradesh
(c) Parmanand Katara v/s Union of India
(d) Chameli Singh v/s State of Uttar Pradesh

Correct Answer: (a) Unnikrishnan vis Andhra Pradesh

Solution:The Supreme Court, in the case of 'Unnikrishnan and others versus State of Andhra Pradesh and others', 1993, organized in the form of a right, free education for children up to the age of 14 years. The court held that The citizens of the country have the fundamental right to education. This right comes out of Article 21. However, the right is not absolute. The content and measures of the right must be determined. in light of Article 41 and 45.

64. Right to education to all children between the age group of 6 to 14 years is- [U.P.P.C.S. (Pre) 2006]

(a) Included in the Directive Principles of State Policy
(b) A Fundamental Right
(c) A Statutory Right
(d) None of the above

Correct Answer: (b) A Fundamental Right

Solution:The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education to all children in the age group of six to fourteen years as a fundamental right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents the legislation envisaged under Article 21-A. The RTE Act came into effect on 1 April, 2010.

65. When was the Right to Education added through the amendment in the Constitution of India? [53rd to 55th B.P.S.C. (Pre) 2011]

(a) 1-April, 2010
(b) 1-August, 2010
(c) 1-October, 2010
(d) 1-December, 2010

Correct Answer: (a) 1-April, 2010

Solution:The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education to all children in the age group of six to fourteen years as a fundamental right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents the legislation envisaged under Article 21-A. The RTE Act came into effect on 1 April, 2010.

66. Which one of the following is a human right as well as a fundamental right under the Constitution of India? [53rd to 55th B.P.S.C. (Pre) 2011]

(a) Right to Information
(b) Right to Work
(c) Right to Education
(d) Right to Housing

Correct Answer: (c) Right to Education

Solution:The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education to all children in the age group of six to fourteen years as a fundamental right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents the legislation envisaged under Article 21-A. The RTE Act came into effect on 1 April, 2010.

67. Assertion (A): The state shall provide free and compulsory education to all children of the age group of six to fourteen years. [U.P.P.C.S. (Mains) 2010]

Reason (R): In a democratic society, right to education is indispensable in the interpretation of the right to development as a human right.

In the context of above statements select the correct answer.

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

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

Solution:According to Article 21(A) of the Indian Constitution, the state shall provide free and compulsory education to all children of the age of six to fourteen years. Thus, Assertion (A) is true. Education is a fundamental human right and is indispensable in the interpretation of the right to development as a human right, as it promotes individual freedom and empowerment of children. Thus, both (A) and (R) are true, and (R) is the correct explanation of (A).

68. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? [U.P.S.C. (Pre) 2017]

1. Prohibition of traffic in human beings and forced labour

2. Abolition of untouchability.

3. Protection of the interests of minorities

4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1,2.3 and 4

Correct Answer: (c) 1 and 4 only

Solution:The right against exploitation, given in Articles 23 and 24, provides for two provisions, that is, the abolition of trafficking in human beings and Beggar (forced labour), and abolition of employment of children below the age of 14 years in hazardous jobs like factories, mines, etc.

69. Which provision of the fundamental rights is directly related to the exploitation of children? [U.P. P.C.S. (Mains) 2009, U.P.P.C.S. (Pre) 2005]

(a) Article 17
(b) Article 19
(c) Article 23
(d) Article 24

Correct Answer: (d) Article 24

Solution:Article 24 of the Constitution is related to the Right against exploitation of the children. This Article prohibits the employment of children under the age of 14 years in any factory, mines or engagement in any other hazardous employment.

70. Article 24 of the Constitution of India prohibits the employment of child in factories related to hazardous works. Such prohibition is- [M.P.P.C.S. (Pre) 2020]

(a) Absolute prohibition
(b) Partial prohibition
(c) Reasonable prohibition
(d) Moral prohibition

Correct Answer: (a) Absolute prohibition

Solution:As per Article 24, No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Such prohibition is an absolute prohibition.

Fundamental Rights Part-I

61. Which one of the following does not fall within the purview of article 21 of the Constitution? [U.P.P.C.S. (Pre) 2017]

62. Which one of the following rights cannot be suspended or restricted even during National Emergency? [U.P.P.C.S. (Mains) 2008]

63. The scope of the Article 21 of the Constitution was expanded to include Right to Education, because of the decision of Supreme Court in the case- [M.P.P.C.S. (Pre) 2019]

64. Right to education to all children between the age group of 6 to 14 years is- [U.P.P.C.S. (Pre) 2006]

65. When was the Right to Education added through the amendment in the Constitution of India? [53rd to 55th B.P.S.C. (Pre) 2011]

66. Which one of the following is a human right as well as a fundamental right under the Constitution of India? [53rd to 55th B.P.S.C. (Pre) 2011]

67. Assertion (A): The state shall provide free and compulsory education to all children of the age group of six to fourteen years. [U.P.P.C.S. (Mains) 2010]

68. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? [U.P.S.C. (Pre) 2017]

69. Which provision of the fundamental rights is directly related to the exploitation of children? [U.P. P.C.S. (Mains) 2009, U.P.P.C.S. (Pre) 2005]

70. Article 24 of the Constitution of India prohibits the employment of child in factories related to hazardous works. Such prohibition is- [M.P.P.C.S. (Pre) 2020]

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