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Polity 5

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9 views42 pages

Polity 5

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PART-5

Bilingual Fundamental Rights


PART-5

Lect-5: Fundamental Rights


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Q.1. Article 19 guarantees fundamentally …….. types of freedoms to all Indian citizens.
SSC JE CIVIL 09/10/2023
(a) Eight (Shift-I)

(b) Six
(c) seven
(d) Five

Ans. (c) : Article 19 guarantees fundamentally seven types of freedoms to all Indian citizens. These
include:
Article 19- Protection of certain rights regarding freedom of speech, etc.
(1) All citizens shall have the right—
(a) To freedom of speech and expression;
(b) To assemble peaceably and without arms;
(c) to form associations or unions or co-operative societies;
(d) To move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) Right to property ( Omitted by 44th constitutional amendment act 1978)
(g) To practice any profession, or to carry on any occupation, trade or business.
Q.2. Articles 23-24 of the Indian Constitution are related to which of the following fundamental rights?
SSC CGL (Tier - I)
(a) Right to freedom 18.04.2022 (Shift -III)
SSC MTS/Havaldar–
(b) Right to equality 11/07/2022 (Shift-III)
SSC MTS– 19/05/2023
(c) Right against exploitation (Shift-III)
SSC CHSL (Tier -I)
(d) Right to Constitutional Remedies
17.08.2023 (Shift-IV)
SSC CHSL (Tier-1) –
02/08/2023 (Shift-I)

Ans. (c) :.Article 12 to 35 contained in Part III of the Constitution of India deal with Fundamental Rights.
These are:
• Right to Equality (Article 14-18)
• Right to Freedom (Article 19-22)
• Right against Exploitation (Article 23-24)
• Right to Freedom of Religion (Article 25-28)
• Cultural and Educational Rights (Article 29-30)
• Right to Constitutional Remedies (Article 32)
Q.3. In which of the following articles, “Laws which are inconsistent with or abridging the fundamental
rights” are mentioned? SSC MTS– 19/05/2023
(Shift-III)
(a) Article 14
(b) Article 12
(c) Article 13
(d) Article 15

Ans. (c) : Article 12 of the Indian Constitution talks


about the definition of the term “State”. Article 13 states
that any law that is inconsistent with or in derogation of
the fundamental rights shall be void. Article 14 provides
for equality before the law and equal protection of laws.
Article 15 prohibits discrimination on the basis of
religion, race, caste, sex, or place of birth. Article 16
prohibits discrimination in employment in any
government office.
Q.4. Article 26 of the Indian Constitution is related to which of the following?
SSC CHSL (Tier-1) –
(a) Non-payment of religious taxes 15/03/2023 (Shift-III)

(b) Freedom to manage religious activities


(c) Freedom as to payment of taxes for promotion of any particular religion
(d) Protection of interests of minorities

Ans. (b) : Article 25 – Freedom of conscience and free


profession, practice and propagation of religion.
Article 26 – Freedom to manage religious affairs.
Article 27 – Freedom as to pay taxes for promotion of
any particular religion.
Article 28 – Freedom from attending religious
instruction.
Q.5. Which of the following articles of the Constitution of India states that no religious instruction shall be
imparted in any educational institution wholly maintained out of State funds? SSC Selection Posts XI–
27/06/2023 (Shift-II)
(a) Article 40
(b) Article 68
(c) Article 54
(d) Article 28

Ans. (d) : Article 28 talks about Freedom as to


attendance at religious instruction or religious worship
in certain educational institutions. It says: No religious
instruction shall be provided in any educational
institution wholly maintained out of State funds.
Q.6. On 28 June 2021, the Supreme Court held that persons with disabilities have a right to reservation in
promotion under Article 16(4) of the Constitution of India, 1950, in the case of: SSC CGL (Tier-1) –
17/07/2023 (Shift-III)
(a) Rajiv Kumar Gupta vs. Rangachari
(b) State of Kerala vs. N.M. thomas
(c) Indira Sawhney vs Union of India
(d) State of Kerala vs Leesamma Joseph

Ans. (d) : The Supreme Court of India in its judgment


on 28 June 2021 in the case of “State of Kerala vs
Leesamma Joseph” affirmed that persons with
disabilities have a right to reservation in promotion
under Article 16(4) of the Constitution of India, 1950.
While examining the constitutionality of Section 33 of
the Rights of Persons with Disabilities Act, 2016, the
Court noted that ‘equality of opportunity’ in matters of
public employment includes provision of certain reservations in favor of persons with disabilities.
Q.7. Which of the following articles of the Indian Constitution is related to the right to freedom?
SSC CHSL (Tier-1) –
(a) Article 16 08/08/2023 (Shift-IV)

(b) Article 17
(c) Article 18
(d) Article 19

Ans : (d) Article 19 – Guarantees to all the citizens the six rights and they are:
a – Freedom of speech and expression.
b – Freedom to assemble peaceably and without arms.
c – Freedom to form associations or unions.
d – Freedom to move freely throughout the territory of India.
e –Freedom to reside and settle in any part of the territory of India.
f – Omitted
g – Freedom to practice any profession, or to carry on any occupation, trade or business.
Q.8. Which of the following rights is Guaranteed in Article 25 of the Constitution?
SSC MTS 08.08.2019
(a) Right to religious freedom (Shift -II)
SSC CGL (Tier-1) –
(b) Right to equality 21/07/2023 (Shift-II)

(c) Cultural and educational rights


(d) Right to constitutional remedies

Ans. (a) : Article 25 guarantees the freedom of


conscience, the freedom to profess, practice, and
propagate religion to all citizens. The above-mentioned
freedoms are subject to public order, health, and
morality.
Q.9. What is the objective of the fundamental rights mentioned in the Indian Constitution?
SSC CHSL (Tier-1) –
(a) To establish political democracy 14/08/2023 (Shift-II)

(b) To achieve complete freedom


(c) To promote economic justice
(d) Establishing a welfare state

Ans. (a) : The purpose of the Fundamental Rights is to


preserve individual liberty and democratic principles
based on equality of all members of society. Dr
Ambedkar said that the responsibility of the legislature
is not just to provide fundamental rights but also and
rather, more importantly, to safeguard them.
Q.10. Which statement is FALSE regarding fundamental rights mentioned in the Indian Constitution?
SSC CHSL (Tier-1) –
(a) Some fundamental rights are negative in nature. 10/08/2023 (Shift-IV)

(b) They are justiciable


(c) Only Article 20 and 21 can be suspended during emergency
(d) Can be suspended during emergency

Ans. (c) : Articles 20 and 21 are not the only


fundamental rights that can be suspended during an
emergency. Other fundamental rights can also be
suspended in certain circumstances. They can be
restricted by the state if it is necessary for the protection
of public order, morality, health, or the rights of others.
The Indian Constitution guarantees six fundamental
rights to its citizens: Right to equality, right to freedom,
right against exploitation, right to freedom of religion,
cultural and educational rights, and right to constitutional remedies.
Q.11. Article ______ of the Indian Constitution deals with “Right to Constitutional Remedies”.
SSC MTS– 10/05/2023
(a) 32–35 (Shift-I)
SSC CHSL 06.06.2022
(b) 22–25 (Shift -III)

(c) 28–33
(d) 25–30

Ans. (a) : The Right to Constitutional Remedies is one


of the fundamental rights guaranteed by the Indian
Constitution under Article 32. This article provides
every citizen the right to move to the Supreme Court of
India for the enforcement of their fundamental rights.
Q.12. Right to Education was added as a fundamental right in the Indian Constitution in______.
SSC CPO -SI 23.11.2020
(a) 2004 (Shift -I)
SSC MTS/Havaldar–
(b) 1997 06/07/2022 (Shift-II)

(c) 1986
(d) 2002

Ans. (d) : Right to Education Act (RTE) provided free


and compulsory education to children in 2009 and
enforced it as a fundamental right under Article 21-A.
The 86th amendment to the constitution of India in
2002, provided the Right to Education as a fundamental
right in part III of the Constitution.
• Originally Part IV of the Indian Constitution, Article
45 and Article 39 (f) of DPSP, had a provision for statefunded
as well as equitable and accessible education.
Q.13. Who called Article 32 the ‘heart and soul of the Indian Constitution’?
SSC CHSL 31/05/2022
(a) Jawaharlal Nehru (Shift-II)

(b) B.R. Ambedkar


(c) M.V. Anklet
(d) Sachchidanand Sinha

Ans. (b) : The father of the Indian Constitution, Dr.


B.R. Ambedkar had declared Article 32 as the “heart
and soul of the Indian Constitution.
Q.14. Which article of the Indian constitution that a person shall not be punished more than once far the
same crime? SSC MTS/Havaldar–
08/07/2022 (Shift-II)
(a) Article–28
(b) Article–21A
(c) Article–20
(d) Article–18

Ans. (c) : Under article 20 (2) no person shall be


prosecuted and punished more than once for the same offence.
Article–18 – End of titles
Articl–21(A) – Right to education
Articl–28 – Under this, no religious education will b
given in any educational education institution fully
maintained from state funds.
Q.15. Which of the following statements is false regarding the fundamental rights mentioned in the
Indian Constitution? SSC CHSL (Tier-1) –
03/08/2023 (Shift-IV)
(a) They provide necessary conditions for physical security.
(b) They provide necessary conditions for assuming untouchability.
(c) They lay the foundation of social justice.
(d) They provide necessary conditions for moral security.

Ans. (b) : They prohibits necessary conditions for


assuming untouchability And givens the necessary
conditions for physical, social and moral security.
Q.16. All minorities shall have the right to establish and administer educational institutions of their choice
on the basis of religion or language. Which article of the Indian Constitution guarantees this right?
SSC CHSL 10/06/2022
(a) Article 28 (Shift-I)

(b) Article 36
(c) Article 30
(d) Article 25

Ans. (c) : All minorities shall have the right to establish


and administer educational institutions of their choice
on the basic of religion or languages. Article-30 of the
constitution of India guarantees this right.
Q.17. Which of the following articles of the Constitution of India deals with the right to equality?

(a) 19 to 22 SSC CGL (Tier-I)


20/04/2022 (Shift-I)
(b) 23 to 24
(c) 14 to 18
(d) 25 to 28

Ans. (c) : The Right to equality mentioned in article 14-


18 and the Right to freedom is mentioned in article 19-
22 of the constitution of India.
Q.18. According to the Indian Constitution, which of the following is enforceable in the court?

(a) Directive Principles SSC JE Civil - 27/01/2018


(Shift-I)
(b) Introduction SSC MTS 09/08/2019
(Shift-III)
(c) Fundamental Duties
SSC CHSL (Tier-1) –
(d) Fundamental rights 02/08/2023 (Shift-III)

Ans. (d) : Fundamental rights are enforceable in the


court of law. The Supreme Court holds the power to
ensure that the fundamental rights of any individual in
India are not violated. Under the constitution of India,
there are six fundamental rights.
Q.19. The Right of Children to Free and Compulsory Education Act 2009 is an Act of Parliament which
came into force in:
SSC CGL 11/04/2022
(a) 2012 (Shift-III)

(b) 2011
(c) 2009
(d) 2010

Ans : (d) The Right of Children to Free and


Compulsory Education Act 2009 is an Act of
Parliament which came into force in 2010.
Q.20. Which of the following Articles of the Constitution of India details 'Prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth'?
SSC CHSL 09/08/2021
(a) Article 22 (Shift-II)

(b) Article 27
(c) Article 15
(d) Article 10

Ans. (c) : Article 15 of the Indian Constitution prohibits


the discrimination on grounds of religion, race, cast, sex
or place of birth. However the state may make certain
provision other than these basis.
Q.21. Which of the following writs is a challenge to the legality of a prisoner's detention?

(a) Prohibition SSC CHSL 11/08/2021


(Shift-II)
(b) Qua Warranto
(c) Habeas Corpus
(d) Mandamus

Ans. (c) : 'Habeas Corpus' literally means " to have a


body of " . This writ is used to release a person who has
been unlawfully detained or imprisoned. By virtue of
this writ, the court directs the person so detained to be
brought before it to examine the legality of his
detention. If the court concludes that the detention was
unlawful, then it directs the person to be released
immediately.
Q.22. The Supreme Court has declared access to the internet a fundamental right under Article ___ of the
Indian constitution.
SSC CGL (Tier-I)-2019 –
(a) 19 06/03/2020 (Shift-I)

(b) 14
(c) 21
(d) 17

Ans : (a) Following the ban of internet for a very long


time in Jammu & Kashmir, the Supreme Court declared
"access to internet as fundamental right under article 19
of the Indian Constitution.
Q.23. Which of the following article of Indian Constitution eliminates untouchability?

(a) 18 SSC CPO-SI 23/11/2020


(Shift-II)
(b) 20
(c) 17
(d) 19

Ans. : (c) The article 17 of the Indian Constitution


under the chapter "Fundamental Rights" forbids
untouchability in any form. Though the term
untouchability has never been used in the constitution.
But it has been described as the social inabilities
imposed by society on any individual, due to his birth in
certain caste and class.
Q.24. Which article of the Indian Constitution prohibits trafficking in human beings and forced labour ?

(a) Article 25 SSC CHSL 26/10/2020


(Shift-III)
(b) Article 23
(c) Article 13
(d) Article 5

Ans. (b) : Article 23 of the Indian Constitution states


the prohibition of traffic in human beings and forced
labours.
Q.25. Which article of Indian constitution guarantees the protection of life and personal freedom ?

(a) Article 21A SSC MTS 09/08/2019


(Shift-III)
(b) Article 20
(c) Article 21
(d) Article 22

Ans. (c) : Article 21 of the Indian Constituton deals


with "right to personal life and liberty". Also Supreme
Court has interpreted this right many times and it
contains following sub – rights :
Right to Health
Right to Shelter
Right to Privacy
Righ to Speedy trial etc.
Q.26. Under the provisions of which Article of the Constitution of India, can the Bharat Ratna Award NOT
be used as a prefix or suffix to the recipient's name ?
SSC CPO-SI –
(a) Article 17(2) 13/12/2019 (Shift-I)

(b) Article 19(1)


(c) Article 18(1)
(d) Article 16(2)

Ans : (c) The Article 18 (1) of the Indian Constitution


has certain provisions related to abolition of titles these are :
1. No title not being a military or academic distinction
shall be conformed by the state.
2. No citizen of Indian shall accept any title from any
foreign state.
3. No person holding any office of profit or trust
under the state shall without the consent of
President accept any title, present, emolument, or office under any foreign state.
Q.27. A child below the age of ––––– years cannot be employed to work in any factory under Article 24 of
the Constitution of India.
SSC CPO-SI –
(a) 16 13/12/2019 (Shift-II)

(b) 14
(c) 15
(d) 17

Ans : (b) The article 24 of the Indian Constitution


accounts for the provisions related to children below 14
years of age. It mentions that no child below the age of
fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment.
But the employment in skillful field and in nonhazardous
activities is permitted.
Q.28. Article 31A of the Indian Constitution ``Saving of Laws providing for acquisition of estates, etc"
deals with?
(SSC 10+2 CHSL
(a) the State Government 25.01.17)

(b) the Union Government


(c) the Fundamental Rights of the Indian Citizen
(d) the Directive Principles of State Policy

Ans : (c) Article 31 (A) of Indian Constitution deals


with Fundamental Rights under Part-III of the
constitution. As per provisions of Article-31 (A), state
legislature can enact a law for acquisition of Private
property. And any such law passed by state legislature
needs assent of the President.
Q.29. Article 31 C of the Indian Constitution “Saving of laws giving effect to certain directive principles”
deals with?
(SSC 10+2 CHSL
(a) The Fundamental Rights of the Indian Citizen 01.02.17)

(b) The State Government


(c) The Union Government
(d) The Directive Principles of State Policy

Ans : (a) Article 31(C) of the Constitution deals with


Fundamental Right of Indian Citizens under Part III of
the Constitution. This article provides for savings of
law giving effect to certain directive principles. To be
specific parliament a law giving effect to Article 39 (B)
and 39 (C) and under Article 14, the law shall not be
declared invalid merely on this ground. It was added to
the constitution in 1971 by 25th Constitutional
Amendment Act.
Q.30. The Fundamental Right to move freely throughout the territory of India is what type of Right ?

(a) Right to liberty and personal freedoms SSC J.E. 04.03.17

(b) Right to equality


(c) Right against exploitation
(d) Right to constutional remedies

Ans : (a) Article 19 to 22 of the Indian Constitution


deal with the provisions of right to freedom. Article 19
(d) under Right to Freedom provides freedom to move
freely. An Indian citizen has the freedom to move
freely throughout the territory of India. But the
government can impose restrictions on this right on in
the interest of the general public. So, option (a) will be
the correct answer.
Q.31. Which one of the following is wrong with respect to Fundamental Rights in India?

(a) They are protected and guaranteed by the Supreme Court SSC JE Mechanical –
22/03/2021 (Shift-II)
(b) They are absolute but finite
(c) They are irrevocable or permanent
(d) Right to property has been removed from the list of fundamental rights

Ans : (c) It is not irrevocable or permanent. The Right


to Property is repealed by 44th Constitutional
Amendment Act, 1978.
Q.32. Which of the following Articles of the Constitution of India deals with the abolition of titles ?

(a) Article 5 SSC JE Mechanical –


23/03/2021 (Shift-II)
(b) Article 26
(c) Article 18
(d) Article 43

Ans. (c) : Article 18 of the Constitution defines the


abolition of titles.
Q.33. Which fundamental right is abolished by the 44th Amendment?

(a) Right to Liberty (SSC 10+2 CHSL


08.01.17, 10 am)
(b) Right to Property
(c) Right to Equality
(d) Right to Religion

Ans : (b) See the explanation of above question.


Q.34. What is the purpose of the Right of freedom of Religion in the Indian Constitution?

(a) Maintaining the principle of capitalism (SSC J.E. 02.03.17, 10:00


am)
(b) Maintaining the principle of secularism
(c) Maintaining the principle of Austerity
(d) Maintaining the principle of Federalism

Ans. (b) : The only purpose of Right to Freedom of


Religion is to maintain the principles of secularism.
Right to Freedom of religion is described in part III
under Article 25-28.
Q.35. Who among the following headed the nine judge constitutional bench that declared the right to
privacy as a fundamental right?
SSC CHSL 15/10/2020
(a) HJ Kania (Shift-II)

(b) Dipak Misra


(c) JS Khehar
(d) TS Thakur

Ans. (c) : Justice J.S. Khehar was the head of


constitutional bench that declared the Right to Privacy
as a Fundamental Right.
Q.36. Which of the following writs provides a remedy for a person who has been unlawfully held in
prison?
SSC MTS 02/08/2019
(a) Certiorari (Shift-III)

(b) Habeas Corpus


(c) Mandamus
(d) Prohibition

Ans. (b) : 'Habeas corpus' literally means 'to have a


body of'. This writ is used to release a person who has
been unlawfully detained or imprisoned. By virtue of
this writ, the court directs the person so detained to be
brought before it to examine the legality of his
detention.
Q.37. Which of the following writs is issued when the court finds that a particular office holder is not
doing legal duty and thereby is infringing on the rights of an individual?
(SSC J.E. 01.03.17, 2:45
(a) Mandamus pm)

(b) Habeas corpus


(c) Prohibition
(d) Quo Warranto

Ans : (a) Article 32 and Article 226 of the Constitution


provide two separate but parallel provision of writ
Jurisdiction with the Supreme Court and High Court
respectively Mandamus is an order from a superior
court to a lower court or tribunal or public authority to
perform an act which falls within its duty. It is issued to
secure the performance of public duties and to enforce
private rights withheld by the public authorities.
Q.38. Which of the following Articles of the Constitution of India deals with the protection of interests of
minorities ?
SSC JE Civil –
(a) Article 42 23/03/2021 (Shift-I)

(b) Article 18
(c) Article 29
(d) Article 24

Ans. (c) : Article 29 → Protection of rights of minorities.


Article 18 → Abolition of title
Article 42 → Availability of appropriate humane condition for work.
Article 24 → Prohibition of child labour.
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