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Laxmikanth Test : Fundamental Rights-1 - UPSC MCQ


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20 Questions MCQ Test Indian Polity for UPSC CSE - Laxmikanth Test : Fundamental Rights-1

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Laxmikanth Test : Fundamental Rights-1 - Question 1

Consider the following pairs:

1. Right to live with human dignity: Article 21

2. Right to free legal aid: Article 21

3. Right to freedom from noise pollution: Article 21

4. Right to property: Article 300A

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 1

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.

Laxmikanth Test : Fundamental Rights-1 - Question 2

The writ of prohibition is not available against:

1. Quasi-judicial authority

2. Administrative authority

3. Legislative body

Choose from the following options.

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 2

The Correct Answer is option B: 2 and 3 Only.

  • The writ of prohibition is not available against administrative authorities and legislative bodies.
  • It is primarily used to control or restrain judicial or quasi-judicial authorities from exceeding their jurisdiction or acting in excess of their authority. Administrative authorities perform executive functions, and legislative bodies exercise legislative functions, which are outside the scope of the writ of prohibition.
  • Therefore, the correct answer is option B: 2 and 3 Only. The writ of prohibition is not available against administrative authorities and legislative bodies. Thank you for pointing out the mistake.
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Laxmikanth Test : Fundamental Rights-1 - Question 3

The rule of equality before the law doesn't apply on:

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 3
  • 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.
Laxmikanth Test : Fundamental Rights-1 - Question 4

Consider the following statements.

1. The concept of martial law has been borrowed in India from the English common law

2. The expression ‘martial law' means the military rule and it has been defined in the Constitution

Which of these statements is/are correct?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 4
The concept of martial law has been borrowed in India from the English common law. However, the expression ‘martial law' has not been defined anywhere in the Constitution. It means “military rule'. It refers to a situation where civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law. It thus implies the suspension of ordinary law and the government by military tribunals. It is different from military law that applies to the armed forces.

Laxmikanth Test : Fundamental Rights-1 - Question 5

Consider the following pairs:

1. Retrospective criminal legislation: Article 20(1)

2. Double jeopardy: Article 20(2)

3. Prohibition against self-incrimination: Article 20(3)

4. Protection of Life and Personal Liberty: Article 21

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 5

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.

Laxmikanth Test : Fundamental Rights-1 - Question 6

In which of the following cases did the Supreme Court ruled that Constitutional Amendments were also laws under Article 368 of the Constitution of India, which could be declared void for being inconsistent with Fundamental Rights?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 6

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.

Laxmikanth Test : Fundamental Rights-1 - Question 7

Consider the following statements:

1. Article 17 of the Indian Constitution abolishes untouchability and makes its practice a punishable offense.
2. Article 16 allows for discrimination in public employment based on place of birth.
3. Article 15 allows the State to make special provisions for women and children.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 7

- 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.

Laxmikanth Test : Fundamental Rights-1 - Question 8

Consider the following pairs:

1. Freedom of Association: Article 19(1)(c)

2. Freedom of Movement: Article 19(1)(d)

3. Freedom of Residence: Article 19(1)(e)

4. Freedom of Profession: Article 19(1)(f)

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 8

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.

Laxmikanth Test : Fundamental Rights-1 - Question 9

Which of the following statements are correctly matched regarding fundamental rights given in Article 25?

1. Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires

2. Right to profess: Declaration of beliefs and faith openly and freely

3. Right to practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 9

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.

Laxmikanth Test : Fundamental Rights-1 - Question 10

Consider the following statements about Quo Warranto.

1. 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.

2. It cannot be issued in cases of ministerial office or private office.

Which of these statements is/are correct?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 10

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.

Laxmikanth Test : Fundamental Rights-1 - Question 11

Which concept is an element of the concept of 'Rule of Law' as propounded by A.V. Dicey?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 11

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.

Laxmikanth Test : Fundamental Rights-1 - Question 12

Which of the following statements are correct regarding article 27?

1. It prohibits the state from favouring one religion over the another

2. The taxes can't be used for the promotion or maintenance of any one religion.

Which of these statements is/are correct?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 12

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.

Laxmikanth Test : Fundamental Rights-1 - Question 13

Which of the following elements apply to the Indian Constitution?

1. Absence of arbitrary power

2. Equality before law

3. Constitution is the result of the rights of the individual as defined and enforced by the courts of law

4. Constitution is the source of the individual rights

Choose from the following options.

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 13
  • 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

Laxmikanth Test : Fundamental Rights-1 - Question 14

Which one among the following is not a Fundamental Right under the Constitution of India?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 14
According to Indian constitution there are six fundamental rights of Indian citizens which are right to equality, right to freedom of religion, cultural and educational rights, right to freedom, right to constitutional remedies, and right against exploitation. Right to citizenship is not a fundamental right.

Laxmikanth Test : Fundamental Rights-1 - Question 15

Consider the following statements:

Statement-I:
Article 23 of the Indian Constitution prohibits traffic in human beings and 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 labour.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 15


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.

Laxmikanth Test : Fundamental Rights-1 - Question 16

Consider the following statements:

Statement-I:
Article 25 of the Indian Constitution guarantees freedom of conscience, profession, practice, and propagation of religion.

Statement-II:
Article 25(1) ensures freedom of conscience, while Article 25(2) protects the rights to profess, practice, and propagate religion.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 16


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.

Laxmikanth Test : Fundamental Rights-1 - Question 17

Consider the following statements.

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

2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction

Which of these statements is/are correct?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 17

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.   

Laxmikanth Test : Fundamental Rights-1 - Question 18

Consider the following statements:

Statement-I:
Article 29 of the Indian Constitution protects the interests of minority groups by granting rights to conserve their culture, language, and script.

Statement-II:
Article 30 of the Indian Constitution provides minorities with the right to establish and administer educational institutions of their choice.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 18


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.

Laxmikanth Test : Fundamental Rights-1 - Question 19

Who was appointed as the Chairman of six-member Administrative Reforms Commission (ARC) in 1966? 

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 19

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.

Laxmikanth Test : Fundamental Rights-1 - Question 20

Consider the following statements:

1. Article 15 of the Indian Constitution prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, or place of birth.
2. Article 16 provides for equal employment opportunities in State service for all citizens, with no exceptions.
3. Article 18 abolishes titles and prohibits the State from conferring any title except military or academic distinctions.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test : Fundamental Rights-1 - Question 20

- 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.

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