Fundamental Rights Part-I

Total Questions: 90

81. Under Preventive Detention, a person can be detained without trial for- [U.P.P.C.S. (Mains) 2009]

(a) One month
(b) Three months
(c) Six months
(d) Nine months

Correct Answer: (b) Three months

Solution:According to Article 22(4) of the Indian Constitution, a person can be detained without trial maximum for a period of three months under preventive detention.

82. Consider the following statements: [U.P.S.C. (Pre.) 2023]

1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.

2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.

3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.

How many of the above statements are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Correct Answer: (a) Only one

Solution:Article 355 of the Indian Constitution provides that it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution. Hence, statement I is correct. Article 22 of the Constitution provides protection against arrest and detention in certain cases. Clause (5) of this Article says that when any person is detained in pursuance of an order made under any law providing for preventive detention.

The authority making the order shall, as soon as may be possible communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. Thus, Article 22(5) provides a legal opportunity to the detainee. Hence statement II is not correct. As per the Prevention of Terrorism Act, 2002 (repealed in 2004), a confession made by a person before a police officer and recorded by that police officer either in writing or on any mechanical or electronic device shall be admissible in the trial of such person for an offence under this Act. Hence statement III is also incorrect.

83. With reference to India, consider the following statements: [U.P.S.C. (Pre) 2021]

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.

2. State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (b) 2 only

Solution:Parole is the release of a prisoner, either temporarily for a special purpose or completely before the expiry of a sentence, on the promise of good behavior, such a promise is known as a word of honour provided in the parole order. Parole is not recognized as a right in India, despite the fact that it has administrative importance. A prisoner's claim to parole is not absolute, and prison authorities have considerable discretion in granting parole to that prisoner. However, parole is considered a right for prisoners by a number of international accords and organizations.

The grant of parole is governed by rules made under the Prison Act, 1894 and the Prison Act, 1900. Many State governments have also formulated guidelines to bring out objectivity and facilitate decision-making to determine whether parole needs to be granted in a particular case or not. Such decisions are taken in accordance with guidelines framed from time to time. The Prisons (Bombay Furlough and Parole) Rules, 1959, have been enacted by exercising rule-making power under section 59(5) of the Prisons Act, 1984. Hence statement 1 is wrong and 2 is correct.

84. The provision of 'Right to Freedom of Religion includes- [U.P.U.D.A.\L.D.A. (Pre) 2001]

(I) Freedom of propagation of religion

(II) Right to wear and carry 'Kripans' by Sikhs

(III) State's right to make laws for social reforms

(IV) Right to conversion of religion of people by religious bodies

Choose the correct answer from given codes:

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

Correct Answer: (a) I, II and III

Solution:Article 25 of the Constitution provides freedom of conscience and free profession, practice and propagation of religion, and also the right of the State to make any law for social reforms. Carrying and wearing of 'Kripans' by Sikhs is deemed as the right to freedom of religion by virtue of Explanation-l of the Article 25. The right to conversion of religion by religious bodies or institutes is not provided under this Article.

85. Under which Article of Indian Constitution wearing of 'Kirpans' by Sikh is deemed as a right to freedom of religion? [Jharkhand P.C.S. (Pre) 2003]

(a) Article 24
(b) Article 25
(c) Article 26
(d) Article 27

Correct Answer: (b) Article 25

86. Article 25 of the Indian Constitution refers to- [U.P.P.C.S. (Pre) 1996]

(a) Right to Equality
(b) Right to Property
(c) Freedom of Religion
(d) Protection of Minorities

Correct Answer: (c) Freedom of Religion

87. The word 'Hindu' in Article 25 of the Constitution of India does not include - [U.P.P.C.S. (Mains) 2014, Uttarakhand P.C.S. (Mains) 2006]

(a) Buddhists
(b) Jains
(c) Parsis
(d) Sikhs

Correct Answer: (c) Parsis

Solution:According to Article 25, Hindus shall be construed as including persons professing the Sikh, Jain or Buddhist religion, but they do not include Parsis.

88. According to Article 25 of the Constitution 'Right to Freedom of Religion' is not subjected to- [R.A.S/R.T.S. (Pre) 2013]

(a) Public Order
(b) Health
(c) Morality
(d) Humanism

Correct Answer: (d) Humanism

Solution:According to Article 25 of the Indian Constitution, all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion, but these rights have certain limitations imposed on the grounds of public order, morality and health. Humanism is not a limitation imposed under Article 25.

89. What are the restrictions in the freedom to manage religious affairs in the Article 26 of the constitution? [Chhattisgarh P.C.S. (Pre) 2018]

(i) Public Order

(ii) National Security

(iii) Education

(iv) Morality

(v) Health

(vi) Secularism

(a) (i), (ii), (iii)
(b) (ii), (iii), (v)
(c) (ii), (iv), (vi)
(d) (i), (iv), (v)

Correct Answer: (d) (i), (iv), (v)

Solution:Article 26- Every religious denomination or any of its sections shall have the right to, (a) establish and maintain an institution for religious & charitable purposes. (b) manage its own affairs in matters of religion. (c) own & acquire movable and immovable property & (d) administer such property in accordance with law. The rights under Article 26 are also subject to public order, morality & health but not subject to other restrictions related to the fundamental rights.

90. ''Which one of the following is not correctly matched"? [U.P. Lower Sub. (Pre) 2009]

(a) Article 23 - Prohibition of traffic in human and forced labour
(b) Article 24 - Prohibition of employment of children in factories
(c) Article 26 - Freedom to manage religious affairs
(d) Article 29 - Freedom of establishment and administration of educational institutions by minorities

Correct Answer: (d) Article 29 - Freedom of establishment and administration of educational institutions by minorities

Solution:Freedom to establish and administer educational institutions by the minorities is given under Article 30, while Article 29 is related to the protection of the interest of minorities. The rest of the options are correctly matched.

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