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.

• Article 361 is an exception to Article 14 (Right to Equality) of the Indian Constitution.
• Exceptions under Equality Before Law in the Indian Constitution
  • President or Governor of the state is not answerable to the court of law for exercising their executive powers.
  • No criminal proceeding against the President or Governor of state can be instituted or continued during their tenure in office.
  • No civil proceeding in which there is a claim of compensation can be instituted against the President or Governor of the state except after the expiry of 2-month notice issued against them.
  • No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

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. It cannot be issued in cases of ministerial office or private office. Both statement 1 and 2 are correct.

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.

Both of the given statements are correct regarding Article 27 of the Indian Constitution.

Article 27 of the Constitution of India states that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Thus, the second statement is correct. Additionally, Article 27 also prohibits the State from favoring any particular religion or religious denomination by law or by financial aid, making the first statement also correct.

• Absence of arbitrary power:

  • As previously noted, the Indian Constitution ensures the absence of arbitrary power through a system of checks and balances and the rule of law.

• Equality before law:

  • Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws, confirming this principle applies to the Indian Constitution.

• Constitution is the result of the rights of the individual as defined and enforced by the courts of law:

  • This statement suggests that the Constitution itself emerged from the judicial enforcement and definition of individual rights. This interpretation is somewhat problematic in the context of the Indian Constitution because the Constitution was drafted and adopted by the Constituent Assembly. It is a foundational document that outlines the rights of individuals, but it is not a result of pre-existing rights defined by courts. Instead, it establishes these rights.

• Constitution is the source of the individual rights:

  • This is correct for the Indian Constitution, as it provides a comprehensive list of fundamental rights and mechanisms for their protection.

Given this, the statement that the "Constitution is the result of the rights of the individual as defined and enforced by the courts of law" does not accurately describe the Indian Constitution. The Indian Constitution itself is the source and origin of individual rights, rather than a product of pre-existing judicially enforced rights.

Correct Elements:

1. Absence of arbitrary power
2. Equality before law
3. Constitution is the source of the individual rights

Therefore, the correct option remains:

 2.  1, 2 and 4 Only

Statement-I correctly identifies that Article 23 of the Indian Constitution prohibits traffic in human beings and forced labor. It addresses the prohibition of forms of exploitation like begar and bonded labor. However, Statement-II inaccurately describes the content of Article 23 . Article 23(1) specifically prohibits traffic in human beings and forms of forced labor, while Article 23(2) allows compulsory service for public purposes without discrimination based on religion, race, caste, or class.and is not about prohibition of Child Labour.

Both Statement-I and Statement-II are correct. Statement-I accurately identifies that Article 25 of the Indian Constitution guarantees freedom of conscience, profession, practice, and propagation of religion. Statement-II further explains that Article 25(1) protects freedom of conscience, while Article 25(2) specifically safeguards the rights to profess, practice, and propagate religion.

The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly. However, the writ jurisdiction of the high court is wider than that of the Supreme Court. This is because, the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged.   

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.