UPSC Practice Questions: Fundamental Rights & Duties | Indian Polity for UPSC CSE PDF Download

Q1: Which of the following case is related to the Balance between Part III and Part IV of the constitution of India?
(a) Indira Gandhi Vs. Raj Narain 1975
(b) Golaknath v. State Of Punjab (1967 AIR)
(c) Minerva Mills Ltd. Vs. Union of India 1980
(d) S.R. Bommai Vs. Union of India 1994
Ans: (c)
In Minerva Mills vs Union of India (1980) Supreme court made the following observations:

• The Court held that the Parliament can amend the Constitution without hampering the basic structure doctrine. 
• The Parliament can amend fundamental rights as long as they are in consonance of the basic structure doctrine. 
• The Court struck down the part which restricted the Judicial Review.  
• It stated the directive principles and fundamental rights should be construed in harmony with each other and every attempt should be made by the court to resolve any apparent inconsistency between them.

Q2: What is Article 34 of the Indian Constitution related to?
(a) Right of Minorities to Establish and Administer Educational Institutions
(b) protects the acts and regulations included in the Ninth Schedule
(c) restrictions on fundamental rights while martial law is in force
(d) right to remedies for the enforcement of the fundamental rights
Ans: (c)

• Article 34 of the Indian Constitution related to restrictions on fundamental rights while martial law is in force.
• The expression ‘martial law’ has not been defined anywhere in the Constitution but literally, it means ‘military rule’.
• It provide therestriction on rights conferred by this Part while martial law is in force in any area.
• It also mention the restriction of fundamental rights while martial law is in force in any area within the territory of India.
• The martial law is imposed under extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law.
• Article 34 empowers the Parliament to indemnify (compensate) any government servant or any other person for any act done by him in connection with the maintenance or restoration of order in any area where martial law was in force.
• The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.

Q3: Which of the following is/are consumer rights?
(a) Right to Information
(b) Right to Safety
(c) Right to Seek Redressal
(d) All of the above
Ans: (d)
Consumer Rights is an insight to what rights consumer holds when it comes to seller which provides the goods.
Some consumer rights are mentioned below:

• Right to Information
• Right to Safety
• Right to Choose
• Right to Seek Redressal
• Right to Consumer Education
• Right to Safety is the first and the most important of the Consumer Rights.
• Right to Information seeks that the consumer should be informed about the product.
• Right to Redressal observes when a product is unable to satisfy the consumer.

 Thus, we can say that the consumer rights are mentioned above.

Q4: The famous saying "A GOVERNMENT OF LAWS, NOT OF MEN" is related to ______.
(a) Directive Principles of State Policy
(b) Presidential Emergency
(c) Fundamental Rights
(d) Rights under Citizenship
Ans: (c)

• Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment.
• These rights are specifically identified in a constitution or have been found under due process of law. 
• Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.
• Articles 12-35 of the Indian Constitution deal with Fundamental Rights.
• These human rights are conferred upon the citizens of India for the Constitution tells that these rights are inviolable.

Q5: With regard to the Fundamental Rights, find the INCORRECT option?
(a) Article 24: Prohibition of employment of children in factories,
(b) Article 27: Freedom as to payment of taxes for promotion of any particular religion
(c) Article 26: Freedom of conscience and free profession, practice and propagation of religion
(d) Article 23: Prohibition of traffic in human beings and forced labour
Ans: (c)
Article 26 (Freedom to manage religious affairs)

• This Article provides that every religious denomination has the following rights, subject to morality, health, and public order.
  • The right to form and maintain institutions for religious and charitable intents.
  • The right to manage its own affairs in the matter of religion.
  • The right to acquire immovable and movable property.
  • The right to administer such property according to the law

Q6: As part of the fundamental rights, the Constitution of India guarantees the right to:
(a) divorce
(b) travel
(c) equality
(d) marriage
Ans: (c)

• Fundamental Rights are mentioned in Part III of the Indian Constitution, from Article 12 to Article 35.
• They are fundamental in nature because they are most essential for the overall development of an individual (like material, intellectual, moral, and spiritual).
• Right to equality is mentioned from Article 14 to Article 18.

Q7: Right to Freedom as under Article 19 is automatically suspended when a proclamation of emergency is made under which of the following grounds?
(a) Armed rebellion
(b) Internal disturbance
(c) Loss of election
(d) War or external aggression
Ans: (d)

• According to Article 358, when a Proclamation of National Emergency is made, the six Fundamental Rights under Article 19 are automatically suspended.
• No separate order for their suspension is required.
• The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways.
• Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion.
• Under Article 359, the President is authorized to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.

Q8: Right to constitutional remedies comes under:
(a) Fundamental Rights
(b) Legal Rights
(c) Constitutional Rights
(d) Natural Rights
Ans: (a)
Fundamental rights are the rights that grant individuals equality in every aspect irrespective of race, color, caste, religion, birthplace, or gender.

• These rights are mentioned under Articles 12 to 35 of the Indian Constitution.
• There are pre-defined punishments in case of violation of these rights at the discretion of the judiciary.

Q9: Which of the following Articles of the Constitution of India provides the ‘Right to Education’?
(a) Article 39A
(b) Article 44
(c) Article 12
(d) Article 21A
Ans: (d)

• Article 21A provides the 'Right to Education.
• It makes free and compulsory education to each and every child of age between 6 to 14 years.
• It was added on 86th Amendment 2002.
• The right to education become a fundamental right in April 2010.

Q10: Which of the following is not an instance of an exercise of a fundamental right?
(a) Seeking employment of Bihari labourers in Punjab
(b) Establishing mission school by Christian missionaries
(c) Getting the same salary by men and women working on same position
(d) Inheriting parental property by the children
Ans: (d)

• Inheriting parental property by the children is not a fundamental right.
• While employment all over India, to propagate your religion, and equal pay for equal work are fundamental rights.

Q11: Which of the following scams exposure is said to be due to the use of the Right to Information (RTI) Act?
A. Adarsh Housing scam
B. 4G scam
C. Coal blocks scam
(a) B and C
(b) A, B and C
(c) A and B
(d) A and C
Ans: (d)
Adarsh Housing scam:

• The Adarsh Housing Society, a 31-storey building in Colaba, Mumbai, which was supposed to be a six-storey structure only to house war widows and heroes of the 1999 Kargil War.
• This came to know after RTI file by activists Simpreet Singh and Yogacharya Anandji.

Coal blocks scam:

• In a Right to Information (RTI) the coal ministry had said that the files relating to all coal block allocations from 1994-2012 were with the Central Bureau of Investigation (CBI). The ministry's reply to the RTI query filed by NGO Greenpeace, the government has been saying that some of the files before 2004 went missing.
• In this many coal blocks were allocated to illegal firms.

Q12: A ______ is a formal document containing an order of the court to the Government issued only by the High Court or the Supreme Court of India.
(a) Summon
(b) Claim
(c) Covenant
(d) Writ
Ans: (d)

• Article 32 of the Indian Constitution give every citizen right against violation of fundamental rights.
• Under Article 32, SC can issue writs to ensure the protection of fundamental rights.
• Under Article 226, HC can issue writs to ensure the protection of fundamental rights.
• Article 32 is referred to as Soul of the Constitution.

Q13: The Right to Education Act (RTE) was enacted in which year in India?
(a) 2000
(b) 2015
(c) 2012
(d) 2009
Ans: (d)
The Right of Children to Free and Compulsory Education Act commonly known as The Right to Education Act (RTE) was passed by the Parliament in August 2009.

Q14: Which of the following is stated in the Constitution of India under the Fundamental Rights of the citizens?
A. The state will not discriminate against any educational institution in assisting educational institutions on the basis that it is under minority management, whether it has become religion based on language.
B. If a person fails to preserve and protect the sovereignty, unity and integrity of India, his right to freedom can be restricted.
(a) Both (A) and (B) are right.
(b) (B)
(c) Only (B)
(d) Only (A)
Ans: (a)

• Articles 12-35 of Indian Constitution deal with Fundamental Rights.
• These human rights are conferred upon the citizens of India for the Constitution tells that these rights are inviolable.
• Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens.
  • The state will not discriminate against any educational institution in assisting educational institutions on the basis that it is under minority management, whether it has become religion based on language.
  • They are applied without discrimination on the basis of race, religion, gender, etc.
  • Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.
  • If a person fails to preserve and protect the sovereignty, unity and integrity of India, his right to freedom can be restricted.

Q15: The famous saying "A GOVERNMENT OF LAWS, NOT OF MEN" is related to ______.
(a) Directive Principles of State Policy
(b) Presidential Emergency
(c) Fundamental Rights
(d) Rights under Citizenship
Ans: (c)

• Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment.
• These rights are specifically identified in a constitution or have been found under due process of law. 
• Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.
• Articles 12-35 of the Indian Constitution deal with Fundamental Rights.
• These human rights are conferred upon the citizens of India for the Constitution tells that these rights are inviolable.