1. Article 19 of the Indian Constitution includes which of the following right?
A. Right to Constitutional Remedies
B. Right against exploitation
C. Right to freedom of speech and expression
D. Right to freedom of Religion
Solution
The correct answer is the Right to freedom of speech and expression.
- Article 19 of the Indian Constitution includes the Right to freedom of speech and expression.
Key Points
- Article 19 deals with the six Fundamental Rights. They are:
- Right to freedom of speech and expression.
- Right to assemble peacefully and without arms.
- Right to form association or unions or co-operatives.
- Right to move freely throughout the territory of India.
- Right to reside and settle in any part of the territory of India.
- Right to practice any profession or to carry on any occupation, trade or business.
- Fundamental Rights:
- The Fundamental Rights have been described in Articles 12-35, Part III of the Indian Constitution.
- The Right to Property (Article 31) was deleted from the list of Fundamental Rights.
- By the 44th Amendment Act, 1978, it is made a normal constitutional right under Act 300A in Part XII of the Constitution
Additional Information
- Right to Constitutional Remedies is enumerated in Articles 32-35.
- Right against exploitation is enumerated in Articles 23 and 24.
- The right to freedom of Religion is enumerated in Articles 25-28.
- Fundamental Rights that are available to citizens only and not to foreigners: Article 15,16, 19, 29 and 30.
2. Fundamental rights in the Indian constitution have been taken from the
A. Russian constitution
B. U.S. constitution
C. British constitution
D. Act of 1935
Solution
The correct answer is U.S. Constitution.
Important Points
| Canada | Federation with a strong CentreVesting of residuary powers in the CentreAppointment of state governors by the CentreAdvisory jurisdiction of the Supreme Court |
| Ireland | Directive Principles of State PolicyThe nomination of members to Rajya SabhaMethod of election of the President |
| Japan | Procedure Established by law |
| Soviet Union (USSR) (now, Russia) | Fundamental DutiesThe ideals of justice (social, economic and political) in the Preamble |
| UK | Parliamentary governmentRule of LawLegislative procedureSingle CitizenshipCabinet systemPrerogative writsParliamentary privilegesBicameralism |
| US | Fundamental rightsIndependence of judiciaryJudicial reviewImpeachment of the PresidentRemoval of Supreme Court and High Court judgesPost of Vice-President |
3. Which of the following Articles of Indian Constitution deals with Laws Inconsistent with Fundamental Rights?
A. Article 14
B. Article 13
C. Article 11
D. Article 12
Solution
The correct answer is Article 13.
Key Points
- Article 13 deals with Laws Inconsistent with Fundamental Rights.
- Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
- It expressively provides for the doctrine of judicial review.
- This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.
Additional Information
- There are six Fundamental Rights
| Articles 14-18 | Right to Equality |
| Articles 19-22 | Right to Freedom |
| Articles 23-24 | Right against Exploitation |
| Articles 25-28 | Right to Freedom of Religion |
| Articles 29-30 | Cultural & Education Rights |
| Article 32 | Right to Constitutional Remedies |
4. Right to Property was removed from Fundamental Rights by which amendment?
A. 29th
B. 25th
C. 42nd
D. 44th
Solution
The correct answer is 44th.
The Fundamental Right to Property enjoys the unique distinction of not only being the second most contentious provision in the drafting of the Constitution, but also the most amended provision, and the only fundamental right to be ultimately abolished in 1978.
Important Points
In 1967, when the government forcibly took over the land, the ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.
- Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978.
- It was made a Constitutional right under Article 300A. Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.
Thus, it is clear that in 44th amendment Right to Property was removed from Fundamental Rights.
5. Which article of the Indian Constitution deals with the ‘protection of life and personal liberty’?
A. Article 19
B. Article 21
C. Article 20
D. Article 22
Solution
The correct answer is Article 21.
Key Points
- According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- This fundamental right is available to every person, citizens and foreigners alike.
- Article 21 provides two rights:
- Right to life
- Right to personal liberty
- The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees.
- The Supreme Court of India has described this right as the ‘heart of fundamental rights’.
- The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc.
Additional Information
| Article | Description |
|---|---|
| Article 19 | It guarantees six freedoms to every citizen.Speech and expressionAssemblyAssociation or UnionsMovement throughout the territory of IndiaResidenceProfession |
| Article 20 | Protection with respect to the conviction for offences. |
| Article 21 | Protection of life and personal liberty |
| Article 21 A | Right to education |
| Article 22 | Protection against arrest and detention in certain cases |
| Article 23 | Prohibition of traffic in human beings and forced labor |
| Article 24 | Prohibition of employment of children in factories, etc |
6. Which of the following fundamental rights are available to citizens of India and not to foreigners?
A. Freedom to manage religious affairs
B. Protection against arrest and detention in certain cases
C. Equality in matters of public employment
D. Protection of life and personal liberty
Solution
The correct answer is Option 3.
Key Points
- Fundamental rights available to citizens not to foreigners:
- Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (article 15).
- Equality of opportunity in matters of public employment (article 16).
- Protection of six rights regarding freedom of (speech and expression, (ii) assembly (iii) association, (iv) movement (v) residence and profession (article 19).
- Protection of language, script and culture of minorities (article 29).
- Right of minorities to establish and administer educational institutions (article 30).
Additional Information
- Fundamental rights are enshrined in part III of the constitution from article 12 to 35.
- These rights are taken from the constitution of USA.
- These rights are provided to all the citizens of the country without any discrimination.
- These rights made the part III of the Indian constitution as the Magna-Carta of India.
7. In which of the following articles of Constitution, the Right to Equality are mentioned?
A. Articles 19 – 22
B. Articles 23 – 24
C. Articles 14 – 18
D. Articles 25 – 28
Solution
The correct answer is Articles 14 – 18.
- The Right to Equality is mentioned from Articles 14 to18.
Key Points
- Article 14: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex or place of birth.
- Article 15: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
- Article 16: There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
- Article 17: Abolition of untouchability.
- Article 18: Abolition of all titles except military and academic.
Additional Information
- The Fundamental Rights are enshrined in Articles 12 to 35 in Part III of the Indian Constitution.
- The Fundamental Rights are justifiable in nature.
- Other articles include:
- Article 19: Right to Freedom.
- Article 20: Protection in respect of Conviction for Offences.
- Article 21: Protection of Life and Personal Liberty.
- Article 22: Safeguards against Arbitrary Arrest and Detention.
- Articles 23-24: Right against Exploitation.
- Articles 25-28: Right to Freedom of Religion.
- Articles 29-30: Rights to minorities (cultural and educational rights).
- Articles 32-35: Right to Constitutional Remedies
8. During emergency which fundamental rights cannot be suspended?
A. Article 14-15
B. Article 20-21
C. Article 18-19
D. Article 16-17
Solution
The correct answer is Article 20 and 21.
Key Points
- The only two fundamental rights that cannot be rescinded are articles 20 and 21.
- Article 20: This Article prohibits self-incrimination.
- Article 21: This Article guards an individual’s right to life and personal liberty.
- Fundamental rights during National Emergency:
- Articles 358 and 359 describe the effect of a National Emergency on Fundamental Rights.
- These two provisions are explained below:
- Suspension of Fundamental Rights under Article 19:
- According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under Article 19 are automatically suspended.
- Article 19 is automatically revived after the expiry of the emergency.
- The 44th Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.
Additional Information
- Suspension of other Fundamental Rights:
- Under Article 359, the President is authorized to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency.
- Thus, remedial measures are suspended and not Fundamental Rights.
- The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order.
- The suspension could be for the period during the operation of an emergency or for a shorter period.
- The Order should be laid before each House of Parliament for approval.
- The 44 Amendment Act mandates that the President cannot suspend the right to move to the court for the enforcement of Fundamental Rights guaranteed by Articles 20 and 21.
9. Which Article of the Indian Constitution is related to equality of opportunity in matters of public employment?
A. Article 22
B. Article 18
C. Article 16
D. Article 12
Solution
The answer is Article 16.
Key Points
- Article 16 of the Indian Constitution guarantees equality of opportunity in matters of public employment.
- It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence or any of them.
- It also allows the State to make reservations in public employment for citizens from any backward class.
- Article 22 of the Indian Constitution deals with the protection against arrest and detention in certain cases.
- This article is applicable to both citizens and non-citizens.
- This provision extends certain procedural safeguards for individuals in case of an arrest.
- Article 18 of the Indian Constitution deals with the abolition of titles.
- It abolishes all titles of nobility or honorifics except those titles conferred by the President of India.
- Article 12 of the Indian Constitution deals with the definition of the State.
- It defines the State as including the Government and Parliament of India and the Government and the legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
10. Consider the following Pairs wrt. Writ issued by the Judiciary in India:
| Writ | Meaning | |
| 1. | Habeas Corpus | To present the person |
| 2. | Mandamus | To Command |
| 3. | Prohibition | To be certified |
| 4. | Quo Warranto | By what Authority |
| 5. | Certiorari | To forbid |
How many pairs given above are correctly matched?
A. Only two pairs
B. Only three pairs
C. Only four pairs
D. All five pairs
Solution
The correct answer is Only three pairs.
Key Points
Writs
- The Supreme Court (under Article 32) and the High Courts (under Article 226) can issue the writs.
- Writs of Habeas corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto.
- Further, the Parliament (under Article 32) can empower any other court to issue these writs.
- Since no such provision has been made so far, only the Supreme Court and the high courts can issue the writs and not any other court.
Habeas Corpus
- It is a Latin term which literally means ‘to have the body of’/to present a person. Hence, pair 1 is correctly matched.
- It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it.
- The court then examines the cause and legality of detention.
- It would set the detained person free if the detention is found to be illegal.
Mandamus
- It literally means ‘to command’. Hence, pair 2 is correctly matched.
- It is a command issued by the court to a public official asking him to perform the official duties that he has failed or refused to perform.
- It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
Prohibition
- Literally, it means ‘to forbid’. Hence, pair 3 is not correctly matched.
- It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
- Thus, unlike the mandamus that directs activity, the prohibition directs inactivity.
Quo-Warranto
- In the literal sense, it means ‘by what authority or warrants’. Hence, pair 4 is correctly matched.
- It is issued by the court to enquire into the legality of the claim of a person to a public office.
- Hence, it prevents illegal usurpation of public office by a person.
- The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.
- It cannot be issued in cases of ministerial office or private office.
Certiorari
- In the literal sense, it means ‘to be certified’ or ‘to be informed’. Hence, pair 5 is not correctly matched.
- It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
- It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
- Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.
