Fundamental Rights Part-I

Total Questions: 90

71. Which of the following is not a part of the Article 20 of the Constitution of India? [U.P.P.C.S. (Pre.) 2023]

Correct Answer: (c) Prohibition Against Torture
Solution:Prohibition against torture is not part of the Article 20 of the Constitution of India. Protection from torture is a fundamental right enshrined under Article 21 of the Indian constitution. Article 20 of the Indian Constitution provides protection in respect of conviction for offences:

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

72. Which Article under the fundamental rights is directly related to the exploitation of children? [U.P.P.C.S. (Mains) 2012, U.P.U.D.A.\L.D.A. (Spl) (Pre) 2010]

Correct Answer: (d) Article-24
Solution:Prohibition against torture is not part of the Article 20 of the Constitution of India. Protection from torture is a fundamental right enshrined under Article 21 of the Indian constitution. Article 20 of the Indian Constitution provides protection in respect of conviction for offences:

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

73. Which one of the following Articles of the Constitution deals with the fundamental rights related to the exploitation of children? [U.P.P.C.S. (Mains) 2011, U.P.P.C.S. (Pre) 2018]

Correct Answer: (c) 24
Solution:Prohibition against torture is not part of the Article 20 of the Constitution of India. Protection from torture is a fundamental right enshrined under Article 21 of the Indian constitution. Article 20 of the Indian Constitution provides protection in respect of conviction for offences:

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

74. Child Rights are protected in Article ____of ICCPR. [U.P.P.C.S. (Pre) 2013]

Correct Answer: (b) 24
Solution:Article 24  (International Convention on Civil and Political Rights) protects child rights. It is worth mention that Article 24 of the Indian Constitution also Protects Child rights.

75. Which Article of the Constitution provides protection to the accused regarding conviction from double-bar and self-incrimination? [Uttarakhand P.C.S. (Pre) 2010]

Correct Answer: (d) Article 20
Solution:Article 20(2) says that no person shall be prosecuted and punished for the same offence more than once, while Article 20(3) describes that no person accused of any offence should be compelled to be a witness against himself.

76. An accused of any offence cannot be compelled to be a witness against himself, which Article of Indian Constitution provides for this? [U.P. Lower Sub. (Spl) (Pre) 2004]

Correct Answer: (a) Article 20(3)
Solution:Article 20 has provided a safeguard to the persons accused of crimes. Article 20(3) of the Constitution says that no person accused of any offence shall be compelled to give witness against himself (self-incrimination). This is based on the legal presumption that the accused is innocent till his guilt is proved. It is the duty of the prosecutor to establish his guilt.

77. "No person shall be prosecuted and punished for the same offence more than once." Under which Article, the above preservation of conviction for crime is given? [U.P.U.D.A.L.D.A. (Spl) (Pre) 2010]

Correct Answer: (b) Article 20
Solution:Article 20(2) of the Constitution of India says that no person shall be prosecuted and punished for the same offence more than once. This is called the 'Doctrine of Double Jeopardy The objective of this Article is to avoid harassment, which may be caused by successive criminal proceedings where the person has committed one crime. There is a law maxim related to this-Nemo Debet Bis Vexari. This means that no man shall be put twice in peril for the same offence.

78. Which Article gives safeguard to the Fundamental Rights of arrested person? [U.P.P.C.S. (Mains) 2013]

Correct Answer: (d) Article 22
Solution:Article 22 of the Constitution mentions that no arrested person shall be detained in custody without being informed as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and to be defended by a legal practitioner of his choice.

79. Which of the following is not correctly matched? [Jharkhand P.C.S. (Pre) 2021]

Correct Answer: (c) Article 22.2 - Parliament may by law prescribe the circumstances under which a person may be detained for a period longer than three months.
Solution:As per Article 22(2), Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate.

80. Under the Preventive Detention Act, a person can be arrested without trial for- [U.P. Lower Sub. (Pre) 2013]

Correct Answer: (b) 3 months
Solution:Article 22(4) of the Constitution of India says that no law providing for preventive detention shall authorize the detention of a person for a longer period than three months.