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Fundamental Rights

Fundamental Rights are essential for the overall development of a citizen. Without these Rights citizen cannot live independent life.

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October 24, 20265 min read24 views

Fundamental Rights

1. Fundamental Rights are contained in which Part of the Indian Constitution? A) Part II B) Part III C) Part IV D) Part V Answer: B Part III (Articles 12-35) deals with Fundamental Rights. Part II is Citizenship, Part IV is the Directive Principles, and Part V is the Union.

2. The idea of Fundamental Rights in India was borrowed from the constitution of: A) UK B) Ireland C) USA D) Canada Answer: C The US Bill of Rights inspired Part III. Ireland is the source of the Directive Principles.

3. Which Amendment removed the Right to Property from the list of Fundamental Rights? A) 42nd B) 44th C) 86th D) 73rd Answer: B The 44th Amendment (1978) repealed Article 31 and added Article 300A, making property a legal right rather than a fundamental one.

4. "Equality before law" under Article 14 is a concept taken from: A) The US Constitution B) The British Constitution C) The Irish Constitution D) The French Constitution Answer: B "Equality before law" is a British concept, while "equal protection of the laws" comes from the US Constitution. Article 14 combines both.

5. Which Article abolishes untouchability? A) Article 15 B) Article 16 C) Article 17 D) Article 18 Answer: C Article 17 abolishes untouchability and forbids its practice in any form. Its enforcement is a punishable offence.

6. How many freedoms does Article 19(1) currently guarantee? A) Five B) Six C) Seven D) Eight Answer: B These are speech and expression, peaceful assembly, association, movement, residence, and profession or business. The seventh freedom, to acquire and hold property, was removed in 1978.

7. Which case widened the scope of Article 21 and established that the procedure for depriving liberty must be "just, fair and reasonable"? A) A.K. Gopalan v. State of Madras B) Maneka Gandhi v. Union of India C) Golaknath v. State of Punjab D) Champakam Dorairajan v. State of Madras Answer: B Maneka Gandhi (1978) overruled the narrow reading in Gopalan and linked Articles 14, 19 and 21 together.

8. The Right to Education for children aged 6-14 years was made a Fundamental Right by which Amendment? A) 42nd B) 61st C) 86th D) 101st Answer: C The 86th Amendment (2002) inserted Article 21A. The RTE Act, 2009 gave it effect.

9. Under Article 22, an arrested person must be produced before a magistrate within: A) 12 hours B) 24 hours C) 48 hours D) 72 hours Answer: B The 24 hours exclude travel time from the place of arrest to the magistrate's court.

10. Article 23 prohibits: A) Child labour B) Untouchability C) Traffic in human beings and forced labour D) Titles Answer: C Article 23 bars human trafficking, begar (forced labour) and similar forms of forced work.

11. Article 24 prohibits employment of children below what age in factories, mines or other hazardous work? A) 12 B) 14 C) 16 D) 18 Answer: B Article 24 sets the age at 14 for hazardous employment. Later legislation has tightened the rules on child labour.

12. Which Article guarantees freedom of conscience and the right to freely profess, practise and propagate religion? A) Article 25 B) Article 26 C) Article 27 D) Article 28 Answer: A Article 25 is subject to public order, morality and health. Article 26 covers the freedom to manage religious affairs.

13. Dr. B.R. Ambedkar described which Article as the "heart and soul" of the Constitution? A) Article 14 B) Article 19 C) Article 21 D) Article 32 Answer: D Article 32 gives the right to move the Supreme Court directly to enforce Fundamental Rights. High Courts have similar power under Article 226.

14. The literal meaning of the writ of Habeas Corpus is: A) We command B) To have the body C) By what authority D) To be certified Answer: B It is used to secure the release of a person who has been unlawfully detained, by requiring the detainer to produce the person before the court.

15. Which writ is issued to command a public official to perform a public duty they have failed to perform? A) Mandamus B) Certiorari C) Prohibition D) Quo Warranto Answer: A Mandamus means "we command". It generally cannot be issued against private individuals, the President, or Governors in their personal capacity.

16. Which writ is issued by a higher court to quash an order already passed by a lower court or tribunal? A) Habeas Corpus B) Prohibition C) Certiorari D) Mandamus Answer: C Certiorari ("to be certified") corrects a decision made without jurisdiction or in violation of natural justice.

17. The writ of Quo Warranto is used to: A) Release an illegally detained person B) Challenge a person's right to hold a public office C) Stop a lower court from proceeding D) Compel a duty to be performed Answer: B Quo Warranto means "by what authority". It prevents illegal usurpation of a public office.

18. What is the main difference between Prohibition and Certiorari? A) Prohibition is issued only by the Supreme Court B) Prohibition is issued while proceedings are pending, Certiorari after the order is passed C) Prohibition is issued against private bodies D) There is no difference Answer: B Prohibition stops a lower court from continuing proceedings beyond its jurisdiction, while Certiorari quashes the decision once it has been made.

19. Under Article 13, any law that is inconsistent with Fundamental Rights is: A) Valid but suspended B) Void to the extent of the inconsistency C) Valid until amended D) Referred to the President Answer: B Article 13 is the basis of judicial review in India. Courts can strike down laws that violate Part III.

20. The protection against "double jeopardy" is provided under: A) Article 19 B) Article 20 C) Article 21 D) Article 22 Answer: B Article 20(2) says no person shall be prosecuted and punished more than once for the same offence. Article 20 also protects against ex post facto laws and self-incrimination.

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