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.

Laws that were passed in pursuance of Article 24 in India.

The Factories Act, 1948
This was the first act passed after independence to set a minimum age limit for the employment of children in factories. The Act set a minimum age of 14 years. In 1954, this Act was amended to provide that children below the age of 17 could not be employed at night.

The Mines Act of 1952
This Act prohibits the employment of people under the age of 18 years in mines.

The Child Labour (Prohibition and Regulation) Act, 1986
This was a landmark law enacted to curb the menace of child labour prevalent in India. It described where and how children could be employed and where and how this was forbidden.

This Act designates a child as a person who has not completed his/her 14th year of age. The 1986 Act prohibits the employment of children in 13 occupations and 57 processes.

Child Labour (Prohibition & Regulation) Amendment Act, 2016
This Act completely forbids the employment of children below 14 years of age. It also bans the employment of people between the ages of 14 and 18 in hazardous occupations and processes.

Punishments to violators of this law were made stricter by this amendment act. This Act allows children to be employed in certain family occupations and also as artists.

Child Labour (Prohibition and Regulation) Amendment Rules, 2017
The government notified the above Rules in 2017 to provide a broad and specific framework for prevention, prohibition, rescue, and rehabilitation of child and adolescent workers.

The Rules clarified on issues concerning the employment of family enterprises and also provides safeguards for artists in that the working hours and conditions are specified.

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.

Dyouble Jeopard: This protection is available only in proceedings before a court of law or a judicial tribunal. This clause embodies the common law rule of nemo debet vis vexari which means that no man should be put twice in peril for the same offence.It is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.

Prohibition against Self-incrimination
Clause (3) of Article 20 provides that no person accused of any offence shall be compelled to be a witness against himself. This extends to both oral evidence and documentary evidence.
However, it does not extend to:

  • Compulsory production of material objects
  • Compulsion to give thumb impression, specimen signature, blood specimens and
  • Compulsory exhibition of the body

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.
  • Article 22 of the Indian Constitution provides protection from and against arrest and detention in certain cases.
  • These safeguards help in avoiding any miscarriage of justice by acting as a kind of check and balance on the powers of police officers making arrests and authorities empowered to detain a person.
  • These safeguards are available to all people, irrespective of whether they are citizens of India or not. However, it cannot be availed by an enemy
  • alien.
    These are applicable to all arrests, except those made under a warrant
  • issued by the court.
    The offence can either be criminal or quasi-criminal in nature or any activity prejudicial to the interests of the state.
  • However, these safeguards are not applicable to a person arrested or detained in a civil matter.

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:Article 22(1) provides that no person can be arrested or detained without providing the reasons for the same. The person is also entitled to consult or be defended by a legal practitioner of his choice.

Article 22(2) further provides that the person arrested or detained in custody must be produced before the nearest Magistrate within 24 hours of his arrest or detention. This time period does not include the time taken to travel from the place of arrest to the court of the Magistrate.

Further, it provides that no person can be detained in custody after the above-mentioned period has passed, without the permission of the Magistrate.
Clause (3) is an exception to Article 22(1) and 22(2). It states that the said clauses are not applicable to:

Any person who has been arrested or detained under any preventive detention law.
Article 22(4) provides that no person can be detained for more than three months under any law relating to preventive detention, unless it has been opined by the Advisory Board that such detention is justified.

As per Article 22(5), it is mandatory to disclose the grounds of arrest or detention to the arrestee or person detained in custody. The person must also be given an opportunity to make representation against the order of his detention.

Article 22(6) states that the detaining authority is empowered to not disclose facts that are against public interest, while disclosing the grounds of arrest or detention to the concerned person.

Under Article 22(7), lays down that the Parliament has been empowered to prescribe the Circumstances or classes under which a person may be detained for more than three months, without obtaining any opinion of the Advisory Board.

Maximum period for which a person can be detained under preventive detention laws. Procedure to be followed by an Advisory Board in an inquiry as per clause 4 of Article 22.

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(1) provides that no person can be arrested or detained without providing the reasons for the same. The person is also entitled to consult or be defended by a legal practitioner of his choice.

Article 22(2) further provides that the person arrested or detained in custody must be produced before the nearest Magistrate within 24 hours of his arrest or detention. This time period does not include the time taken to travel from the place of arrest to the court of the Magistrate.

Further, it provides that no person can be detained in custody after the above-mentioned period has passed, without the permission of the Magistrate.
Clause (3) is an exception to Article 22(1) and 22(2). It states that the said clauses are not applicable to:

Any person who has been arrested or detained under any preventive detention law.
Article 22(4) provides that no person can be detained for more than three months under any law relating to preventive detention, unless it has been opined by the Advisory Board that such detention is justified.

As per Article 22(5), it is mandatory to disclose the grounds of arrest or detention to the arrestee or person detained in custody. The person must also be given an opportunity to make representation against the order of his detention.

Article 22(6) states that the detaining authority is empowered to not disclose facts that are against public interest, while disclosing the grounds of arrest or detention to the concerned person.

Under Article 22(7), lays down that the Parliament has been empowered to prescribe the Circumstances or classes under which a person may be detained for more than three months, without obtaining any opinion of the Advisory Board.

Maximum period for which a person can be detained under preventive detention laws. Procedure to be followed by an Advisory Board in an inquiry as per clause 4 of Article 22.