Laxmikanth Test : Fundamental Rights-1 - UPSC MCQ

1. Right to live with human dignity: Article 21 — Correct. This right is derived from the expanded interpretation of Article 21.

2. Right to free legal aid: Article 21 — Correct. The right to legal aid is guaranteed under Article 21 as interpreted by the Supreme Court.

3. Right to freedom from noise pollution: Article 21 — Correct. This right is also derived from the broader interpretation of the right to life under Article 21.

4. Right to property: Article 300A — Correct. The right to property is now provided under Article 300A, which was inserted by the 44th Amendment Act of 1978 after the abolition of Article 19(1)(f).

All four pairs are correctly matched.

The writ of prohibition is a judicial writ issued by a higher court to a lower court or tribunal, commanding it to cease proceedings in a case that is outside its jurisdiction. It is generally not available against administrative authorities or legislative bodies because:

1. Quasi-judicial authorities: The writ of prohibition can be issued against quasi-judicial bodies when they act without jurisdiction or exceed their jurisdiction.
2. Administrative authorities: The writ of prohibition is not typically issued against purely administrative actions, as they do not perform judicial or quasi-judicial functions.
3. Legislative bodies: The writ of prohibition cannot be issued to legislative bodies since the judiciary does not have the authority to intervene in legislative functions.

Thus, the writ of prohibition is not available against administrative authority and legislative body, making option b the correct answer.

1. President of India: The President of India enjoys immunity from legal proceedings during their term of office under Article 361 of the Constitution. No criminal proceedings can be initiated or continued against the President while they are in office.

2. Governor of States: Similarly, the Governor of a state enjoys immunity from legal proceedings during their term of office under Article 361. Like the President, the Governor is not answerable to any court for the exercise and performance of their official duties.

3. Member of the Legislature: While Members of the Legislature have certain immunities related to speeches and votes in Parliament or State Legislatures under Articles 105 and 194, they are not exempt from the application of the rule of equality before the law in other contexts.

Conclusion:The rule of equality before the law, as guaranteed under Article 14, does not apply to the President of India and the Governor of States due to the special immunities granted to them under Article 361.
Thus, the correct answer is Option D: Both (a) and (b).

1. Retrospective criminal legislation: Article 20(1) — Correct. This article prohibits ex-post facto criminal legislation.

2. Double jeopardy: Article 20(2) — Correct. This article states that no person shall be prosecuted and punished for the same offence more than once.

3. Prohibition against self-incrimination: Article 20(3) — Correct. This article ensures that no person accused of any offence shall be compelled to be a witness against himself.

4. Protection of Life and Personal Liberty: Article 21 — Correct. This article guarantees the protection of life and personal liberty.

All four pairs are correctly matched.

Explanation: The Kesavananda Bharti case (1973) marked a significant event in the Indian constitutional history, as the Supreme Court ruled that Constitutional Amendments were also laws under Article 368 of the Constitution of India. The Court held that these amendments could be declared void if they were inconsistent with or violated the Fundamental Rights. This judgment established the doctrine of the "Basic Structure" of the Constitution, which means that Parliament cannot alter the basic features of the Constitution through amendments.

- Statement 1 is correct. Article 17 abolishes untouchability and makes its practice a punishable offense.
- Statement 2 is incorrect. Article 16 prohibits discrimination in public employment on several grounds, including place of birth, but allows exceptions for special provisions for certain classes.
- Statement 3 is correct. Article 15 allows the State to make special provisions for women and children, such as reservation of seats for women in local bodies or provision of free education for children.

1. Freedom of Association: Article 19(1)(c) — Correct. This article guarantees the right to form associations or unions.

2. Freedom of Movement: Article 19(1)(d) — Correct. This article allows citizens to move freely throughout the territory of India.

3. Freedom of Residence: Article 19(1)(e) — Correct. This article provides the right to reside and settle in any part of the territory of India.

4. Freedom of Profession: Article 19(1)(f) — Incorrect. The correct article is Article 19(1)(g). Article 19(1)(f) provided the right to property, which was later repealed.

Three pairs are correctly matched.

The correct answer is option D: All of them.

All three statements correctly describe different aspects of the fundamental rights given in Article 25 of the Indian Constitution.

Statement 1: Freedom of conscience refers to the inner freedom of an individual to mold their relationship with God or creatures in any way they desire. It emphasizes the personal and individual nature of religious beliefs and the freedom to hold and change those beliefs.

Statement 2: The right to profess refers to the freedom to openly and freely declare one's beliefs and faith. It entails the right to express one's religious beliefs and communicate them to others without fear of persecution or discrimination.

Statement 3: The right to practice encompasses the freedom to engage in religious worship, rituals, ceremonies, and the exhibition of beliefs and ideas. It includes the right to perform religious rituals, observe religious customs and practices, and express one's religious beliefs through actions and conduct.

Therefore, all three statements accurately describe different aspects of the fundamental rights guaranteed under Article 25 of the Indian Constitution.

• 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 : Correct.
  The writ of Quo Warranto is issued to challenge the legality of a person's claim to a public office. The office must be of a substantive nature, created by a statute or the Constitution, and not merely temporary or advisory.

• It cannot be issued in cases of ministerial office or private office :Correct.
  The writ of Quo Warranto is applicable only to public offices. It cannot be issued against private offices or purely ministerial offices that do not involve statutory or constitutional authority.
  Correct Answer - Option C

A key element of the concept of 'Rule of Law' according to A.V. Dicey is the absence of arbitrary power, which implies that no individual can be subjected to punishment except for a breach of law. This principle emphasizes the importance of legal accountability and the rule of law in a democratic society.

• It prohibits the state from favoring one religion over another : Incorrect.
  Article 27 specifically deals with the prohibition of using public funds for the promotion or maintenance of any religion. The prohibition against favoring one religion over another is generally associated with Article 14 (Equality before the law) and Article 25 (Freedom of religion), not Article 27.

• The taxes can't be used for the promotion or maintenance of any one religion : Correct.
  Article 27 explicitly prohibits the use of public funds collected through taxes for promoting or maintaining any particular religion.
  Therefore, Correct Answer - Option C

1. Absence of arbitrary power :Correct.
   The Indian Constitution embodies the principle of the Rule of Law, which ensures the absence of arbitrary power. Every action of the government must be in accordance with the law.

2. Equality before law : Correct.
   The Indian Constitution, under Article 14, guarantees equality before the law and the equal protection of the laws for all individuals within the territory of India.

3. Constitution is the result of the rights of the individual as defined and enforced by the courts of law : Incorrect.
   The Constitution is not the result of rights defined by courts but is the supreme legal document that defines and guarantees these rights. It is the source of individual rights, not a consequence of them.

4. Constitution is the source of the individual rights : Correct.
   The Constitution provides the framework for the fundamental rights of individuals, including Articles 12–35.

 Therefore,Correct Answer: Option B.

Statement-I:Article 23 of the Indian Constitution prohibits traffic in human beings and forced labor.
Correct. Article 23(1) explicitly prohibits traffic in human beings, begar (forced labor), and other similar forms of forced labor.

Statement-II: Article 23(1) prohibits traffic in human beings and forms of forced labor, while Article 23(2) provides for the prohibition of child labor.
Incorrect. Article 23(2) provides an exception, allowing the state to impose compulsory service for public purposes (such as conscription), provided it does not discriminate on the grounds of religion, race, caste, or class. The prohibition of child labor is specifically dealt with under Article 24, not Article 23.
Therefore, Correct Answer - Option C

• Statement-I: Article 25 of the Indian Constitution guarantees freedom of conscience, profession, practice, and propagation of religion :Correct.
  Article 25(1) provides for these freedoms, subject to public order, morality, and health.

• Statement-II: Article 25(1) guarantees freedom of conscience, profession, practice, and propagation of religion, while Article 25(2) allows the state to regulate secular activities and make laws for social welfare and reform : Correct
  Article 25(2) permits the state to make laws regulating economic, financial, or secular activities associated with religion and ensure social welfare and reform, such as banning untouchability or sati.
  Therefore,Correct Answer - Option A

1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction : Correct. Article 32 provides the right to constitutional remedies, which is itself a Fundamental Right. The Supreme Court is bound to entertain petitions under Article 32 for the enforcement of Fundamental Rights and cannot refuse to exercise its writ jurisdiction in such cases. Dr. B.R. Ambedkar referred to Article 32 as the "heart and soul of the Constitution."

2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction :Correct.
   Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights as well as for "any other purpose" (e.g., legal rights). However, the exercise of writ jurisdiction under Article 226 is discretionary. High Courts can refuse to entertain a writ petition if there is an alternative remedy available or if it is not in the interests of justice.

 Therefore Correct Answer:  Option C

Both Statement-I and Statement-II are correct. Statement-I accurately identifies that Article 29 of the Indian Constitution protects the interests of minority groups by granting them rights to conserve their culture, language, and script. Statement-II correctly states that Article 30 provides minorities with the right to establish and administer educational institutions of their choice. However, Statement-II does not directly explain the content of Statement-I as they pertain to different constitutional provisions.

A six-member Administrative Reforms Commission (ARC) in 1966 under the chairmanship of Morarji Desai (followed by K Hanumanthayya) was appointed by Central Government. It was to the examine the various issues in Centre-state relations.

- Statement 1 is correct. Article 15 indeed prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, or place of birth.
- Statement 2 is incorrect. While Article 16 does provide for equal employment opportunities, it allows for exceptions such as special provisions for the backward classes.
- Statement 3 is correct. Article 18 abolishes titles and prohibits the State from conferring any title except for military or academic distinctions.