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Fundamental Rights

Description: Fundamental Rights
Number of Questions: 15
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Tags: Fundamental Rights Indian Polity
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Committing themselves to socialism, which became one of the foundation stones of the Indian Constitution, the Congress members founded the Congress Socialistic Party in

  1. 1933

  2. 1934

  3. 1936

  4. 1938


Correct Option: B
Explanation:

The Congress Socialist Party (CSP) was founded in 1934 as a socialist caucus within the Indian National Congress [INC].

Fundamental Rights are enforceable by

  1. Supreme Court

  2. High Courts

  3. Supreme Court and High Courts

  4. All the courts


Correct Option: D
Explanation:

Fundamental Rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or gender. They are enforceable by all the courts, subject to certain restrictions.

Fundamental Rights protect individuals from any arbitrary action of

  1. The state only

  2. Private individuals only

  3. The state as well as of private individuals

  4. NRIs and OCIs only


Correct Option: C
Explanation:

Fundamental Rights primarily protect individuals from any arbitrary state actions, but some rights are enforceable against individuals.  For instance, the Constitution abolishes untouchability and also prohibits begar. These provisions act as a check both on state action as well as the action of private individuals.

Which of the following former Chief Justices of India introduced the concept of Public Interest Litigation to avoid violation of Fundamental Rights?

  1. R. S. Pathak

  2. Ranganath Mishra

  3. P. N. Bhagwati

  4. E. S. Venkataramiah


Correct Option: C
Explanation:

In Indian law, Public Interest Litigation is a litigation for the protection of the public interest. The concept of Public Interest Litigation (PIL) is in consonance with the objects enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law.  Justice P. N. Bhagwati introduced the concept of Public Interest Litigation in India.

Which of the following pairs is incorrect?

  1. Article 15 : Equality in matters of public employment

  2. Article 17 : Abolition of untouchability

  3. Article 23 : Abolition of trafficking of human beings

  4. Article 24 : Abolition of child labour


Correct Option: A
Explanation:

Article 15 - Social equality and equal access to public areas Article 16 - Equality in matters of public employment

In which of the following Articles of the Indian Constitution has the phrase ‘freedom of press’ been mentioned?

  1. Article 16

  2. Article 19

  3. Article 22

  4. None of these


Correct Option: D
Explanation:

Article 19 of the Indian Constitution mentions the ‘Freedom of speech and expression’, which enables an individual to participate in public activities. The phrase, freedom of press has not been used in Article 19, but ‘freedom of expression’ includes freedom of press.

Which of the following statements is incorrect in relation to Indian polity?

  1. The Fundamental Rights in India are not absolute.

  2. The Parliament cannot alter the basic structure of the constitution.

  3. Secularism and democracy do not fall under the definition of basic structure.

  4. The Fundamental Rights can only be altered by a constitutional amendment.


Correct Option: C
Explanation:

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament. Secularism and democracy fall under the definition of basic structure.

Which of the following statements is incorrect?

  1. The Fundamental Rights help not only in protection but also the prevention of gross violations of human rights.

  2. The right to life and personal liberty is available to all people.

  3. Freedom of speech and expression and freedom to reside and settle in any part of the country are reserved to citizens alone, including non-resident Indian citizens.

  4. The right to equality in matters of public employment can be conferred on overseas citizens of India.


Correct Option: D
Explanation:

The right to equality in matters of public employment cannot be conferred on overseas citizens of India.

While interpreting the Constitution, the courts are expected to

  1. resolve the conflict between the Directive Principles and the Fundamental Rights

  2. give precedence to Directive Principles over the Fundamental Rights

  3. give precedence to Fundamental Rights over the Directive Principles

  4. interpret the provisions of Directive Principles and Fundamental Rights as harmoniously as possible


Correct Option: D
Explanation:

Minerva Mills Case, 1980 provides for the harmonious interpretation of the provisions of Directive Principles and Fundamental Rights.

Which of the following amendment acts eliminated the right to property from the list of Fundamental Rights?

  1. 24th Amendment Act

  2. 25th Amendment Act

  3. 42nd Amendment Act

  4. 44th Amendment Act


Correct Option: D
Explanation:

The Indian constitution does not recognize property rights as a Fundamental Rights. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a Fundamental Right. However, in another part of the constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property saved by authority of law. 

Which of the following Fundamental Rights is not provided under Article 19?

  1. Freedom to assemble peacefully without arms

  2. Freedom to move freely throughout the world

  3. Freedom to practice any profession or to carry on any occupation

  4. Freedom to form associations or unions


Correct Option: B
Explanation:

Fundamental Rights of a country are applicable only within its territory. Article 19 provides freedom to move freely throughout the territory of India.

The punishments for violation of Fundamental Rights are prescribed in the Indian Penal Code. Which of the following is incorrect in relation to the Indian Penal Code?

  1. It came into force in 1862.

  2. After independence, the Indian Penal Code was inherited by Pakistan and Bangladesh.

  3. In the state of Rajasthan, the IPC is known as Ranbir Penal Code.

  4. None of these


Correct Option: C
Explanation:

The IPC is known as Ranbir Penal Code in the state of Jammu and Kashmir.

Which of the following statements is/are incorrect?

  1. Article 21 declares that no citizen can be denied his life and liberty, except by law.
  2. The right to life does not include the right to die.
  1. Only 1

  2. Only 2

  3. Both of these

  4. Neither of these


Correct Option: D
Explanation:

Article 21 declares that no citizen can be denied his life and liberty, except by law. This means that a person's life and personal liberty can only be disputed if that person has committed a crime. However, the right to life does not include the right to die and hence, suicide or an attempt thereof is an offence.

Which of the following statements is/are correct?

  1. Changes to the Fundamental Rights require a constitutional amendment.
  2. Such an amendment requires the approval of two-thirds of the members present and voting of both the Houses.
  1. Only 1

  2. Only 2

  3. Both 1 and 2

  4. Neither 1 nor 2


Correct Option: C
Explanation:

Changes to the Fundamental Rights require a constitutional amendment, which has to be passed by a special majority of both Houses of Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting.

Which of the following statements is/are correct?

  1. The Constitution provides special measures, in Articles 29 and 30, to protect the rights of the minorities.
  2. All minorities - religious, ethnic and linguistic - can set up their own educational institutions to preserve and develop their own culture.
  1. Only 1

  2. Only 2

  3. Both of these

  4. Neither of these


Correct Option: A
Explanation:

The Constitution provides special measures, in Articles 29 and 30, to protect the rights of religious and linguistic minorities as they have their different languages, religions and cultures.

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