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Fundamental Rights & Duties MCQs for UPPSC (UP) Exam

It covers all Important Questions with answers on Fundamental Rights & Duties for the UPPSC (UP) exam. The questions are based on important topics. Details about the questions:
  • Topic: Fundamental Rights & Duties
  • Type of Questions: MCQs with solutions
  • Number of Questions: 37
  • You can attempt them on EduRev to score high in UPPSC (UP) exam.

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?
  • a)
     1 Only
  • b)
     2 Only
  • c)
    Both 1 and 2
  • d)
    None of them
Correct answer is option 'C'. Can you explain this answer?

Anshika Sharma answered
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.

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.
  • a)
    1 and 2 Only
  • b)
    1, 2 and 4 Only
  • c)
    1, 2 and 3 Only
  • d)
    All of them
Correct answer is option 'B'. Can you explain this answer?

Nisha Menon answered
  • 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

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?
  • a)
    Kesavananda Bharti Case 
  • b)
    Maneka Gandhi Case
  • c)
    Minerva Mills Case
  • d)
    none of 3
Correct answer is option 'A'. Can you explain this answer?

Amit Sharma answered
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.

Which one among the following is not a Fundamental Right under the Constitution of India?
  • a)
    Right to equality
  • b)
    Right to freedom
  • c)
    Right to citizenship
  • d)
    Right against exploitation
Correct answer is option 'C'. Can you explain this answer?

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.

The Right to Education Act was actually implemented by the Government of India on
  • a)
    15th August, 2009
  • b)
    26th January, 2010
  • c)
    1st April, 2009
  • d)
    1st April, 2010
Correct answer is option 'D'. Can you explain this answer?

Kajal Chopra answered
The Right to Education Act and its Implementation

The Right to Education Act, also known as the Right of Children to Free and Compulsory Education Act, was implemented by the Government of India on 1st April, 2010. It is an important legislation that aims to provide free and compulsory education to all children between the ages of 6 to 14 years.

Background

- The implementation of the Right to Education Act was a significant step towards achieving universal education in India.
- The Act was enacted by the Parliament of India in 2009 and received Presidential assent on 26th August, 2009.
- It was modeled after the Article 21A of the Indian Constitution, which was inserted by the 86th Amendment Act in 2002, making education a fundamental right for children.

Key Provisions

- The Act provides for free and compulsory education to all children in the specified age group.
- It mandates that private schools must reserve 25% of their seats for children from economically weaker sections.
- The Act also establishes a system of neighborhood schools, ensuring that children can access education within a reasonable distance from their homes.
- It prohibits the practice of physical punishment or mental harassment of students.
- The Act also emphasizes the importance of quality education and the need for trained and qualified teachers.

Implementation Date

The implementation of the Right to Education Act took place on 1st April, 2010. This means that from this date onwards, all children in the specified age group were entitled to free and compulsory education. The Act was implemented in a phased manner, with different provisions being rolled out gradually over a period of time.

Impact of the Act

The implementation of the Right to Education Act has had a significant impact on the education landscape in India. It has helped in increasing enrollment rates and reducing dropout rates, particularly among marginalized and disadvantaged communities. The Act has also brought attention to the quality of education, leading to efforts to improve infrastructure, teacher training, and learning outcomes.

Overall, the Right to Education Act has played a crucial role in promoting inclusive and equitable education in India. It has helped in realizing the constitutional vision of providing education as a fundamental right to all children.

Consider the following statements:
Statement-I:
Article 30 of the Indian Constitution guarantees all religious and linguistic minorities the right to establish and administer educational institutions of their choice.
Statement-II:
Such institutions have the right to seek recognition for their levels and diplomas and aid wherein aid is given to  other education institution establishments supplying similar schooling on the premise of their excellence
Which one of the following is correct in respect of the above statements?
  • a)
    Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • b)
    Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • c)
    Statement-I is correct, but Statement-II is incorrect
  • d)
    Statement-I is incorrect, but Statement-II is correct
Correct answer is option 'A'. Can you explain this answer?

Ronak Patel answered
Understanding Article 30 of the Indian Constitution
Article 30 of the Indian Constitution is a crucial provision that protects the rights of minorities in India.
Statement-I: Overview
- Statement-I accurately reflects Article 30, which grants religious and linguistic minorities the right to:
- Establish educational institutions.
- Administer these institutions according to their own preferences.
Statement-II: Clarification
- Statement-II elaborates on the rights of these minority institutions:
- They can seek recognition for their educational levels and diplomas.
- They are eligible for government aid, similar to other recognized institutions, based on their academic standards.
Connection Between the Statements
- Both statements align well with each other:
- Statement-I provides the foundational right to establish and manage educational institutions.
- Statement-II clarifies the operational aspects of these rights, highlighting recognition and funding opportunities.
Conclusion
- Therefore, both statements are correct and Statement-II serves to explain and elaborate on the implications and applications of the rights granted in Statement-I.
Correct Answer
- The correct answer is option 'A': Both Statement-I and Statement-II are correct, and Statement-II explains Statement-I.

Consider the following statements.
1. The 'Procedure established by law' gives wide scope to the Supreme Court to grant protection to the rights of its citizens
2. It can declare laws violative of these rights void not only on substantive grounds of being unlawful but also on procedural grounds of being unreasonable
Which of these statements are not correct?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?

Suresh Reddy answered
The American Constitution provides for 'due process of law' against that of 'procedure established by law' which is contained in the Indian Constitution.
The difference between the two is : The 'Procedure established by law' gives wide scope to the Supreme Court to grant protection to the rights of its citizens.
It can declare laws violative of these rights void not only on substantive grounds of being unlawful but also on procedural grounds of being unreasonable.
Our Supreme Court, while determining the constitutionally of a law, however examines only the substantive question i.e whether the law is within the powers of the authority concerned or not. It is not expected to go into the question of its reasonableness, suitability or policy implications".
Hence, statement 2 is incorrect.

In the Indian Constitution, as per Fundamental Rights, Abolition of Untouchability is a ________.
  • a)
    Right to equality
  • b)
    Right to freedom of religion
  • c)
    Right against exploitation
  • d)
    Right to Constitutional remedy
Correct answer is option 'A'. Can you explain this answer?

Abolition of Untouchability as a Fundamental Right

The correct answer is option 'A' - Right to equality. The Indian Constitution guarantees several Fundamental Rights to its citizens, and one of them is the abolition of untouchability. This provision is enshrined under Article 17 of the Constitution.

Explanation:

1. Historical Context
- Untouchability refers to the social practice in India where certain castes and communities were considered inferior and treated as outcasts.
- This practice was deeply entrenched in Indian society for centuries, causing immense discrimination and oppression against those labeled as untouchables.
- The Constitution's framers recognized the urgent need to address this social evil and ensure equality for all citizens.

2. Right to Equality
- The right to equality is one of the fundamental pillars of the Indian Constitution. It ensures equal protection of laws for all individuals, irrespective of their caste, creed, religion, gender, or place of birth.
- Abolition of untouchability falls under the purview of the right to equality as it aims to eliminate discrimination based on caste.

3. Article 17 of the Constitution
- Article 17 explicitly states that "Untouchability is abolished and its practice in any form is forbidden."
- This provision not only declares the abolition of untouchability but also prohibits its practice in any form.
- The inclusion of this article reflects the constitutional commitment to eradicating untouchability and promoting social justice.

4. Implementation and Protection
- The Indian Constitution provides for the enforcement and protection of Fundamental Rights.
- If any individual or community faces discrimination or violation of the right against untouchability, they can seek legal recourse through the courts.
- Article 32 of the Constitution grants the right to constitutional remedies, allowing individuals to approach the Supreme Court directly for the enforcement of their Fundamental Rights.

Conclusion

The abolition of untouchability is an essential part of the right to equality enshrined in the Indian Constitution. It reflects the commitment of the framers to eradicate the social evil of untouchability and create a society based on equality, justice, and dignity for all. The inclusion of this provision is a significant step towards ensuring that every individual, regardless of their caste or community, is treated with respect and equality.

The 86th Constitution Amendment Act, 2002 inserted which of the following articles in the Constitution of India?
  • a)
    21-A
  • b)
    39-A
  • c)
    20-A
  • d)
    56-C
Correct answer is option 'A'. Can you explain this answer?


Explanation:

86th Constitution Amendment Act, 2002:
- The 86th Constitution Amendment Act, 2002 was passed to insert Article 21-A in the Constitution of India.

Article 21-A:
- Article 21-A states that the State shall provide free and compulsory education to all children between the ages of six to fourteen years in such manner as the State may determine.

Importance of Article 21-A:
- This amendment made education a fundamental right for children in India, ensuring that every child has access to education.
- It aimed to bridge the gap in educational opportunities and promote universal education in the country.

Implementation:
- The implementation of Article 21-A led to the enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
- The RTE Act mandates free and compulsory education to all children in the specified age group and lays down the norms and standards for schools.

Impact:
- The insertion of Article 21-A has significantly contributed to increasing school enrollment and reducing the dropout rates in India.
- It has helped in promoting inclusive and equitable education for all children, irrespective of their socio-economic background.

Conclusion:
- The insertion of Article 21-A through the 86th Constitution Amendment Act, 2002 has played a crucial role in advancing the right to education in India and ensuring that every child receives quality education.

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?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    None of them
Correct answer is option 'A'. Can you explain this answer?

Deepa Iyer answered
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.

Which among the following countries was the earliest to give women the right to vote? 
  • a)
    France
  • b)
    USA
  • c)
    Australia
  • d)
    UK
Correct answer is option 'C'. Can you explain this answer?

Earliest Country to Give Women the Right to Vote

Australia was the earliest country to give women the right to vote.

Background:

Women's suffrage was a long and hard-fought battle, spanning over several decades. Women's rights activists fought tirelessly for the right to vote, own property, and have equal rights as men. The movement gained momentum in the late 19th century, and several countries began granting women the right to vote.

Details:

1. Australia: In 1902, Australia became the first country to give women the right to vote in federal elections. This was a significant victory for the women's suffrage movement, and it paved the way for other countries to follow suit.

2. New Zealand: New Zealand followed closely behind, granting women the right to vote in 1893.

3. Finland: Finland was the first European country to give women the right to vote in 1906.

4. Norway: Norway granted women the right to vote in 1913.

5. United States: The United States granted women the right to vote in 1920. The 19th Amendment to the US Constitution granted women the right to vote after a long and hard-fought battle.

6. United Kingdom: The United Kingdom granted women the right to vote in 1918, but it was limited to women over 30 years of age. It wasn't until 1928 that women were granted the same voting rights as men.

Conclusion:

Australia was the earliest country to give women the right to vote, followed closely by New Zealand. The fight for women's suffrage was a long and hard-fought battle, but it paved the way for women's rights and equality around the world.

Consider the following statements:
1. Article 21 of the Indian Constitution guarantees the right to life and personal liberty.
2. Article 21 is applicable only to Indian citizens and not to foreigners.
3. The Supreme Court of India has described Article 21 as the 'heart of fundamental rights.'
Which of the statements given above is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    1 and 3 Only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?

  • Statement 1 is correct. Article 21 of the Indian Constitution guarantees two rights: the right to life and the right to personal liberty.
  • Statement 2 is incorrect. Article 21 is available to every person, including both Indian citizens and foreigners.
  • Statement 3 is correct. The Supreme Court of India has described Article 21 as the 'heart of fundamental rights.'
Therefore, the correct answer is Option C: 1 and 3 Only.

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?
  • a)
    1 Only
  • b)
    1 and 3 Only
  • c)
    2 and 3 Only
  • d)
    1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?

- 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.

The rule of equality before the law doesn't apply on:
  • a)
    President of India
  • b)
    Governor of States
  • c)
    Member of the Legislature
  • d)
    Both (a) and (b)
Correct answer is option 'D'. Can you explain this answer?

Amit Kumar answered
  • 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.

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
Correct answer is option 'C'. Can you explain this answer?

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

Consider the following statements:
1. Retrospective criminal legislation implies that a person cannot be convicted for an act that was not an offense at the time it was committed.
2. The immunity against retrospective criminal legislation extends to preventive detention provisions.
3. Under double jeopardy, a person cannot be convicted for the same offense more than once.
Which of the statements given above is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    1 and 3 Only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?

  • Statement 1 is correct. Retrospective criminal legislation, also known as ex-post facto criminal legislation, states that a person cannot be convicted for an act that was committed at a time when the act had not been declared by law as an offense.
  • Statement 2 is incorrect. The immunity against retrospective criminal legislation does not extend to provisions of preventive detention.
  • Statement 3 is correct. Double jeopardy means that a person cannot be convicted for the same offense more than once.
Therefore, the correct answer is Option C: 1 and 3 Only.

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?
  • a)
    Only one pair
  • b)
    Only two pairs
  • c)
    Only three pairs
  • d)
    All four pairs
Correct answer is option 'D'. Can you explain this answer?

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.

Which concept is an element of the concept of 'Rule of Law' as propounded by A.V. Dicey?
  • a)
    Absence of arbitrary power
  • b)
    Immunity of the President and Governors
  • c)
    Exception for Members of Parliament
  • d)
    Right to property
Correct answer is option 'A'. Can you explain this answer?

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.

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