All Exams  >   UPSC  >   Lucent for GK  >   All Questions

All questions of Fundamental Rights & Duties for UPSC CSE Exam

Fundamental Duties are enforceable by:
  • a)
    Supreme Court of India 
  • b)
    President of India
  • c)
    Prime Minister of India
  • d)
    Parliament of India 
Correct answer is option 'A'. Can you explain this answer?

Krish Dasgupta answered
Enforceability of Fundamental Duties by the Supreme Court of India

The Fundamental Duties are a set of moral and civic obligations that are included in Part IV-A of the Indian Constitution, under Article 51A. These duties were added to the Constitution by the 42nd Amendment in 1976, with the aim of promoting a sense of responsibility and patriotism among citizens. While the Fundamental Duties are not directly enforceable by the courts, they can be indirectly enforced by the Supreme Court of India.

Interpretation and Enforcement by the Supreme Court

1. Interpretation of the Constitution: The Supreme Court is the guardian of the Constitution and has the power of judicial review. It has the authority to interpret the Constitution and its provisions, including the Fundamental Duties. The court can provide guidance on the meaning and scope of these duties, ensuring that they are understood correctly.

2. Writ Jurisdiction: The Supreme Court has the power to issue writs for the enforcement of fundamental rights, as well as for any other purpose. These writs include habeas corpus, mandamus, prohibition, quo warranto, and certiorari. While the Fundamental Duties themselves are not fundamental rights, the court can use its writ jurisdiction to indirectly enforce these duties.

3. Public Interest Litigation (PIL): The Supreme Court has been proactive in entertaining PILs filed by individuals or organizations in matters of public interest. In cases where the violation of Fundamental Duties affects a large section of society, the court can take cognizance and pass appropriate orders to ensure compliance with these duties.

4. Protection of Fundamental Rights: The Supreme Court has often emphasized the close relationship between fundamental rights and fundamental duties. It has held that the enjoyment of rights is not an isolated concept, but is linked to the fulfillment of duties. Therefore, in cases where the violation of a fundamental right can be attributed to the non-compliance of a corresponding fundamental duty, the court can take action to protect the rights by enforcing the duties.

5. Judicial Activism: Over the years, the Supreme Court has played an active role in shaping public policy and ensuring good governance. It has used its powers to protect and promote the principles enshrined in the Constitution, including the Fundamental Duties. The court has often issued guidelines and directions to various authorities for the effective implementation of these duties.

In conclusion, while the Fundamental Duties are not directly enforceable by the courts, the Supreme Court of India has the authority to interpret and enforce these duties indirectly. Through its powers of interpretation, writ jurisdiction, PILs, and protection of fundamental rights, the court can ensure that the citizens understand and fulfill their fundamental duties. This helps in promoting a responsible and conscientious society.

Which of the following is not a Fundamental Right in India?
  • a)
    Right to Freedom of Speech and Expression
  • b)
    Right to Property
  • c)
    Right against Exploitation
  • d)
    Right to Religion
Correct answer is option 'B'. Can you explain this answer?

Samarth Unni answered
Right to Property is not a Fundamental Right in India

The Right to Property was initially included as a Fundamental Right in the Indian Constitution under Article 31. However, it was later removed from the list of Fundamental Rights by the 44th Amendment Act of 1978. This amendment reclassified the right to property as a legal right under Article 300A of the Constitution.

Explanation:

1. Right to Freedom of Speech and Expression: This fundamental right guarantees the freedom of speech and expression to all citizens of India. It allows individuals to express their opinions, thoughts, and ideas without fear of censorship or restraint.

2. Right against Exploitation: This fundamental right prohibits human trafficking, forced labor, and the exploitation of individuals, especially children. It ensures that every individual has the right to be treated with dignity and respect.

3. Right to Religion: This fundamental right grants individuals the freedom to practice and propagate any religion of their choice. It ensures that everyone has the right to follow their own beliefs without facing discrimination or persecution.

In conclusion, while the Right to Property was once considered a Fundamental Right in India, it has since been removed from the list of Fundamental Rights and reclassified as a legal right. The other rights mentioned above continue to be protected under the Indian Constitution as Fundamental Rights.

How many Fundamental Duties are there in the Indian Constitution?
  • a)
    10
  • b)
    11
  • c)
    12
  • d)
    9
Correct answer is option 'B'. Can you explain this answer?

Kavita Shah answered
The Indian Constitution originally had 10 Fundamental Duties. However, with the 86th Amendment in 2002, a new duty was added, making the total count of Fundamental Duties 11.

Which Fundamental Right ensures protection against discrimination on the grounds of religion, race, caste, sex, or place of birth?
  • a)
    Right to Equality
  • b)
    Right against Exploitation
  • c)
    Right to Freedom of Religion
  • d)
    Right to Cultural and Educational Rights
Correct answer is option 'A'. Can you explain this answer?

Aravind Menon answered
Right to Equality:
The Fundamental Right that ensures protection against discrimination on the grounds of religion, race, caste, sex, or place of birth is the Right to Equality. This right is enshrined in Articles 14 to 18 of the Indian Constitution and forms the basis of a just and fair society.

Article 14:
Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws to all citizens. It prohibits discrimination on the basis of religion, race, caste, sex, or place of birth.

Article 15:
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It empowers the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for Scheduled Castes and Scheduled Tribes.

Article 16:
Article 16 provides for equality of opportunity in matters of public employment and prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them.

Article 17:
Article 17 abolishes untouchability and forbids its practice in any form.

Article 18:
Article 18 abolishes titles and prohibits the State from conferring titles. It ensures that no citizen of India shall accept any title from any foreign State.
In conclusion, the Right to Equality ensures that every citizen is treated equally before the law and is protected from discrimination on various grounds. It plays a crucial role in promoting social justice, inclusivity, and harmony in society.

Which article guarantees protection to individuals against double jeopardy?
  • a)
    Article 19
  • b)
    Article 20
  • c)
    Article 21
  • d)
    Article 22
Correct answer is option 'B'. Can you explain this answer?

Anita Desai answered
Article 20 of the Indian Constitution provides protection against double jeopardy, which means a person cannot be prosecuted or punished twice for the same offence.

According to the Indian Constitution, which language can be used to seek public employment in any state?
  • a)
    Hindi
  • b)
    English
  • c)
    Sanskrit
  • d)
    Any language specified in the Eighth Schedule
Correct answer is option 'D'. Can you explain this answer?

Nidhi Pillai answered
Language for Public Employment in India
India is a diverse country with a multitude of languages spoken across different states. The Indian Constitution recognizes this linguistic diversity and provides certain provisions to safeguard the interests of linguistic minorities.

Linguistic Provisions in the Constitution
- The Eighth Schedule of the Indian Constitution lists 22 major languages of India, including Hindi, English, Sanskrit, and various regional languages.
- Article 29 of the Constitution guarantees the right of citizens to conserve their language, script, or culture.
- Article 350A mandates the state to provide facilities for instruction in the mother tongue at the primary stage of education.
- Article 350B allows individuals to submit grievances in any of the languages specified in the Eighth Schedule.

Language for Public Employment
- According to the Constitution, individuals have the right to seek public employment in any state using the language specified in the Eighth Schedule.
- This means that a person can apply for government jobs in a state using the language mentioned in the Eighth Schedule, ensuring linguistic inclusivity and equal opportunities for all citizens.
- The provision helps in promoting linguistic diversity and preserving the cultural heritage of different regions in India.
In conclusion, the Indian Constitution allows individuals to seek public employment in any state using the language specified in the Eighth Schedule, thereby upholding the principles of linguistic diversity and inclusivity in the country.

Which Fundamental Right allows citizens to move to the Supreme Court directly if their rights are violated?
  • a)
    Right to Constitutional Remedies
  • b)
    Right to Freedom of Religion
  • c)
    Right to Education
  • d)
    Right against Exploitation
Correct answer is option 'A'. Can you explain this answer?

Vikram Verma answered
Article 32 grants the right to move the Supreme Court for the enforcement of Fundamental Rights. It is also known as the 'Right to Constitutional Remedies' and is considered a cornerstone of the Indian Constitution.

Who initially recommended the inclusion of Fundamental Duties in the Indian Constitution?
  • a)
    Sarkaria Commission
  • b)
    Rajamannar Committee
  • c)
    Swaran Singh Committee
  • d)
    Planning Commission
Correct answer is option 'C'. Can you explain this answer?

Om Saha answered
Background: The inclusion of Fundamental Duties in the Indian Constitution was recommended by the Swaran Singh Committee.

Swaran Singh Committee:
- The Swaran Singh Committee was set up in 1976 by the government to recommend measures for the revision of the Indian Constitution.
- One of the key recommendations made by the committee was the inclusion of Fundamental Duties in the Constitution.
- The committee felt that while the Constitution provided for the rights of citizens, it was equally important to emphasize the duties and obligations of citizens towards the nation.

Importance of Fundamental Duties:
- The inclusion of Fundamental Duties was seen as a way to promote a sense of discipline and responsibility among citizens.
- It was also aimed at fostering a spirit of patriotism and nationalism among the people of India.
- The committee believed that by including Fundamental Duties, the Constitution would serve as a guiding document for citizens to uphold the values and principles of the nation.

Outcome:
- Based on the recommendations of the Swaran Singh Committee, the 42nd Amendment Act of 1976 added a new part, Part IVA, to the Indian Constitution which included ten Fundamental Duties for citizens.
- These Fundamental Duties are aimed at promoting harmony and the spirit of common brotherhood among all the people of India.
In conclusion, it was the Swaran Singh Committee that initially recommended the inclusion of Fundamental Duties in the Indian Constitution, highlighting the importance of citizen responsibilities alongside their rights.

Which article of the Indian Constitution guarantees protection to individuals for submitting grievances and claims against the government?
  • a)
    Article 15
  • b)
    Article 19
  • c)
    Article 32
  • d)
    Article 51A
Correct answer is option 'C'. Can you explain this answer?

Vikram Verma answered
Article 32 of the Indian Constitution empowers individuals to approach the Supreme Court directly for the enforcement of Fundamental Rights, making it an essential feature of the Constitution.

In which case did the Supreme Court rule that the Right to Education is a Fundamental Right under Article 21A?
  • a)
    Unnikrishnan JP v. State of Andhra Pradesh
  • b)
    Minerva Mills Ltd. v. Union of India
  • c)
    Kesavananda Bharati v. State of Kerala
  • d)
    Golak Nath v. State of Punjab
Correct answer is option 'A'. Can you explain this answer?

Meera Kapoor answered
In the Unnikrishnan JP v. State of Andhra Pradesh case, the Supreme Court held that the Right to Education is a Fundamental Right under Article 21A, and the state has the responsibility to provide education to all children between the ages of 6 to 14 years.

The Fundamental Right, which cannot be suspended even during an emergency is ?
  • a)
    Right to Equality
  • b)
    Right to Freedom of Religion
  • c)
    Right to Freedom of Speech and Expression
  • d)
    Right to Life and Personal Liberty
Correct answer is option 'D'. Can you explain this answer?

Right to Life and Personal Liberty

During a national emergency, the Fundamental Right that is suspended is the Right to Life and Personal Liberty. This right is enshrined under Article 21 of the Indian Constitution, which states that "No person shall be deprived of his life or personal liberty except according to procedure established by law".

The suspension of this right during a national emergency is an exceptional measure taken by the government to ensure the security and integrity of the nation. It allows the government to take necessary steps to deal with the emergency situation and protect the interests of the country as a whole. However, it is important to note that the suspension of this right is not absolute and is subject to certain limitations and safeguards.

Reasons for Suspension

During a national emergency, the suspension of the Right to Life and Personal Liberty may be justified for several reasons:

1. National Security: The primary reason for suspending this right is to maintain national security and protect the country from internal or external threats. During a national emergency, the government may need to take extraordinary measures to combat terrorism, insurgency, or any other threat to the nation's security.

2. Public Order: The suspension of this right may also be necessary to maintain public order and prevent any disruption or chaos that may arise during a national emergency. It allows the government to take actions to restore peace and stability in the country.

3. Emergency Situations: During natural disasters, epidemics, or any other emergency situations, the government may need to suspend this right temporarily to effectively respond to the crisis and provide necessary assistance to the affected population.

Limitations and Safeguards

Although the Right to Life and Personal Liberty can be suspended during a national emergency, there are certain limitations and safeguards in place to prevent its misuse:

1. Proportionality: The suspension of this right must be proportional to the situation at hand. It should not be an arbitrary or excessive measure but should be based on a genuine threat to national security or public order.

2. Parliamentary Approval: The President can declare a national emergency only on the written advice of the Cabinet headed by the Prime Minister. The declaration must be approved by both houses of Parliament within one month. This ensures that the suspension of fundamental rights is subject to parliamentary scrutiny.

3. Judicial Review: The suspension of this right can be challenged in the courts. The Supreme Court has the power to review the validity of the emergency proclamation and the actions taken by the government during the emergency period.

4. Non-Discrimination: The suspension of this right should not be based on discrimination or bias. It should be applied uniformly to all citizens without any discrimination based on race, religion, caste, sex, or place of birth.

Conclusion

The suspension of the Right to Life and Personal Liberty during a national emergency is a temporary measure taken to safeguard the interests of the nation. While it curtails individual freedoms to some extent, it is important to strike a balance between national security and the protection of fundamental rights. The limitations and safeguards in place ensure that the suspension is not misused and that the rights of citizens are protected to the greatest extent possible during such exceptional circumstances.

Under which article is the Right to Education for children between 6 to 14 years made a Fundamental Right?
  • a)
    Article 21A
  • b)
    Article 15
  • c)
    Article 24
  • d)
    Article 19A
Correct answer is option 'A'. Can you explain this answer?

Milan Sengupta answered
Right to Education as a Fundamental Right
The Right to Education (RTE) is enshrined in Article 21A of the Indian Constitution. This article was added through the 86th Constitutional Amendment in 2002.
Key Aspects of Article 21A
- Age Group: Article 21A specifically guarantees the right to free and compulsory education for children aged 6 to 14 years.
- Fundamental Right: By making education a fundamental right, the Constitution emphasizes its importance in the development and empowerment of children.
- State Responsibility: The article places an obligation on the state to provide education to ensure that every child in this age group receives schooling without any barriers.
Importance of Article 21A
- Empowerment through Education: Education is a vital tool for personal and social development. By recognizing it as a fundamental right, the Constitution aims to equip children with the knowledge and skills necessary for their future.
- Promotion of Equality: The RTE aims to reduce educational disparities and promote inclusivity in education, particularly for marginalized communities.
- Legal Framework: Following the enactment of Article 21A, the Right of Children to Free and Compulsory Education Act was passed in 2009, providing a detailed legal framework for the implementation of this right.
Conclusion
In summary, Article 21A is crucial for ensuring that every child in India has the right to education, thereby fostering an educated and informed citizenry. This fundamental right not only shapes individual lives but also contributes to the overall development of society.

In which case did the Supreme Court rule that the Right to Privacy is intrinsic to the Right to Life and Personal Liberty under Article 21?
  • a)
    Keshavananda Bharati v. State of Kerala
  • b)
    Golak Nath v. State of Punjab
  • c)
    Maneka Gandhi v. Union of India
  • d)
    Kesavananda Bharati v. Union of India
Correct answer is option 'C'. Can you explain this answer?

Malavika Datta answered
Introduction
The Supreme Court of India's landmark judgment in the case of Maneka Gandhi v. Union of India (1978) established that the Right to Privacy is intrinsic to the Right to Life and Personal Liberty under Article 21 of the Indian Constitution.
Background of the Case
- The case arose when Maneka Gandhi, a prominent political figure, challenged the validity of her passport confiscation without a proper hearing.
- She argued that the procedure followed was arbitrary and violated her fundamental rights.
Key Rulings
- Expansion of Article 21: The Supreme Court expanded the interpretation of Article 21, which guarantees the Right to Life and Personal Liberty.
- Right to Privacy: The Court explicitly recognized the Right to Privacy as a fundamental right, asserting that personal liberty cannot be curtailed without proper legal procedure.
Significance of the Judgment
- Procedural Due Process: The ruling emphasized that 'procedure established by law' must be fair, just, and reasonable, moving beyond mere legality.
- Impact on Future Cases: This case set a precedent for acknowledging individual rights and privacy, influencing subsequent rulings concerning personal freedoms.
Conclusion
The Maneka Gandhi case is pivotal in Indian constitutional law, reinforcing the notion that personal liberty encompasses privacy, thus protecting citizens against arbitrary state action. This ruling laid the foundation for a more expansive interpretation of fundamental rights in India.

The Right to Equality is guaranteed under which article of the Indian Constitution?
  • a)
    Article 14
  • b)
    Article 19
  • c)
    Article 21
  • d)
    Article 32
Correct answer is option 'A'. Can you explain this answer?

The Right to Equality in the Indian Constitution
The Right to Equality is a fundamental right enshrined in the Indian Constitution, specifically under Article 14. This article is crucial in establishing the principle that every individual is equal before the law and is entitled to equal protection of the laws.

Key Provisions of Article 14
- Equality Before Law: It asserts that every individual, regardless of their status, is subject to the same laws in the same manner. This means that no one is above the law, and everyone is treated equally in the eyes of the legal system.
- Equal Protection of the Laws: This clause ensures that individuals in similar circumstances are treated alike. It prohibits discrimination and mandates that the government must not deny any person equality before the law or equal protection of the laws.

Importance of Article 14
- Foundation of Fundamental Rights: Article 14 lays the groundwork for other rights by promoting equality, which is essential for the exercise of other fundamental rights.
- Social Justice: By ensuring equality, it helps in addressing social injustices and inequalities that may exist within society.

Conclusion
In conclusion, Article 14 of the Indian Constitution is a cornerstone of the Right to Equality, promoting justice and fairness in the legal framework. It not only secures individual dignity but also fosters a sense of unity and integrity in the diverse fabric of Indian society.

Which part of the Indian Constitution deals with Fundamental Rights?
  • a)
    Part I
  • b)
    Part II
  • c)
    Part III
  • d)
    Part IV
Correct answer is option 'C'. Can you explain this answer?

Anushka Tiwari answered
Part III of the Indian Constitution deals with Fundamental Rights:
Fundamental Rights are enshrined in Part III of the Indian Constitution. These rights are considered essential for the overall development and well-being of individuals in a democratic society. Here are some key points about Fundamental Rights:

Importance of Fundamental Rights:
- Fundamental Rights ensure that every citizen has certain basic freedoms and protections against the arbitrary actions of the state.
- These rights are justiciable, meaning they can be enforced through the courts if violated.

Types of Fundamental Rights:
- There are six categories of Fundamental Rights in the Indian Constitution: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

Examples of Fundamental Rights:
- Right to Equality includes equality before law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of public employment.
- Right to Freedom includes freedom of speech and expression, freedom to assemble peacefully without arms, freedom to form associations or unions, and freedom to practice any profession or occupation.

Protection of Fundamental Rights:
- The Constitution provides safeguards such as the writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto to protect Fundamental Rights.
- The judiciary plays a crucial role in interpreting and upholding Fundamental Rights through various landmark judgments.
In conclusion, Part III of the Indian Constitution is dedicated to Fundamental Rights, which are essential for the protection and promotion of individual liberties and freedoms in a democratic society.

Which Fundamental Duty highlights the responsibility to protect public property and to renounce violence?
  • a)
    To develop scientific temper, humanism, and the spirit of inquiry and reform
  • b)
    To protect and improve the natural environment
  • c)
    To safeguard public property and abjure violence
  • d)
    To strive towards excellence in all spheres of individual and collective activity
Correct answer is option 'C'. Can you explain this answer?

Mahi Banerjee answered
Fundamental duties are a set of moral obligations that are enshrined in the Constitution of India. These duties are not legally enforceable but serve as guidelines for citizens to promote a harmonious and responsible society. One of the fundamental duties highlighted in the question is the responsibility to protect public property and renounce violence.

Explanation:

1. Safeguarding public property:
The duty to safeguard public property implies that citizens should take necessary steps to protect and preserve assets that belong to the public. Public property includes government buildings, heritage sites, monuments, parks, roads, etc. It is the responsibility of every citizen to ensure that these assets are not damaged, defaced, or misused. This duty aims to promote a sense of ownership and collective responsibility towards public property.

2. Renouncing violence:
The duty to renounce violence emphasizes the importance of maintaining peace and harmony in society. Citizens are expected to resolve conflicts through peaceful means and refrain from participating in any form of violence or aggression. This duty promotes the idea that disputes and grievances should be addressed through dialogue, negotiation, and legal channels. By renouncing violence, citizens contribute to the overall well-being and safety of society.

3. Significance of the duty:
The duty to protect public property and renounce violence is crucial for the smooth functioning of a democratic society. It ensures that public assets are preserved for the benefit of all citizens and future generations. By safeguarding public property, citizens contribute to the development and progress of the nation. Renouncing violence helps in maintaining law and order, promoting social cohesion, and fostering a peaceful environment for all individuals to thrive.

4. Role in nation-building:
This duty plays a significant role in nation-building as it instills a sense of discipline, responsibility, and civic-mindedness among citizens. By actively protecting public property and renouncing violence, individuals contribute to the larger goal of nation-building. This duty also promotes a culture of respect for public resources and encourages citizens to actively participate in the development and welfare of their communities.

In conclusion, the fundamental duty to safeguard public property and renounce violence highlights the importance of preserving public assets and maintaining peace in society. By fulfilling this duty, citizens contribute to the overall well-being and progress of the nation.

Which Fundamental Right is available only to Indian citizens and not to foreigners?
  • a)
    Right to Freedom of Speech and Expression
  • b)
    Right to Freedom of Religion
  • c)
    Right to Equality
  • d)
    Right to Constitutional Remedies
Correct answer is option 'A'. Can you explain this answer?

Anita Desai answered
The Right to Equality (Article 14-18) is available to all individuals, including foreigners, within the territory of India. However, certain exceptions and special protections are provided only to Indian citizens.

Which part of the Indian Constitution contains the Fundamental Duties?
  • a)
    Part III
  • b)
    Part IV
  • c)
    Part IVA
  • d)
    Part IVB
Correct answer is option 'C'. Can you explain this answer?

Priya Menon answered
The Fundamental Duties are enshrined in Part IVA of the Indian Constitution. These duties were added by the 42nd Amendment Act, 1976.

Which Article of the Indian Constitution deals with Fundamental Duties?
  • a)
    Article 51A
  • b)
    Article 21A
  • c)
    Article 32A
  • d)
    Article 42A
Correct answer is option 'A'. Can you explain this answer?

Kavita Shah answered
Fundamental Duties are enshrined in Article 51A of the Indian Constitution. These duties were added through the 42nd Amendment in 1976 and aim to promote patriotism, civic sense, and a sense of responsibility among citizens.

Right to Education is a Fundamental Right for children between the ages of:
  • a)
    5 to 10 years
  • b)
    6 to 14 years
  • c)
    10 to 18 years
  • d)
    14 to 18 years
Correct answer is option 'B'. Can you explain this answer?

Suresh Reddy answered
The Right to Education (RTE) is a Fundamental Right for children between the ages of 6 to 14 years. It was added through the 86th Constitutional Amendment Act in 2002.

Chapter doubts & questions for Fundamental Rights & Duties - Lucent for GK 2025 is part of UPSC CSE exam preparation. The chapters have been prepared according to the UPSC CSE exam syllabus. The Chapter doubts & questions, notes, tests & MCQs are made for UPSC CSE 2025 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests here.

Chapter doubts & questions of Fundamental Rights & Duties - Lucent for GK in English & Hindi are available as part of UPSC CSE exam. Download more important topics, notes, lectures and mock test series for UPSC CSE Exam by signing up for free.

Lucent for GK

643 videos|792 docs|420 tests

Signup to see your scores go up within 7 days!

Study with 1000+ FREE Docs, Videos & Tests
10M+ students study on EduRev