Q.1.Which one of the following statements is correct?                             (UPSC Pre 2017)

(a) Rights are claims of the State against the citizens.

(b) Rights are privileges which are incorporated in the Constitution of a State.

(c) Rights are claims of the citizens against the State.

(d) Rights are privileges of a few citizens against the many.

Ans: (c)

Exp:

  1. A right is essentially an entitlement or a justified claim. It denotes what we are entitled to as citizens, as individuals and as human beings.
  2. In political theory and constitutional law, rights are legally enforceable claims of individuals against the State. 
  3. Rights not only indicate what the state must do, they also suggest what the state must refrain from doing.
  4. Rights ensure that the authority of the state is exercised without violating the sanctity of individual life and liberty. 
  5. The state may be the sovereign authority; the laws it makes may be enforced with force, but the sovereign state exists not for its own sake but for the sake of the individual. 
  6. It is people who matter more and it is their well-being that must be pursued by the government in power.
  7. Rights impose negative as well as positive obligations on the State—such as non-interference in personal liberty and affirmative action to protect rights.
  8. Rights are not claims of the State against citizens; that describes duties or obligations.
  9. Rights are not mere privileges; they are justiciable entitlements, not discretionary grants.
  10. Rights are universal in nature, not privileges of a select few.

Therefore, option (c) is the correct answer.


Q.2. With reference to the significance of Fundamental Rights, consider the following statements:

  1. The Fundamental Rights are named so because they are guaranteed and protected by the Constitution.
  2. They are ‘fundamental’ also in the sense that they are most essential for the all-round development of the individuals.
  3. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 only

(d) 1, 2 and 3

Ans: (d)

Exp:

  1. The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land. Hence, statement 1 is correct.
  2. The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation.
  3. They are ‘fundamental’ also in the sense that they are most essential for the all-round development (material,intellectual, moral and spiritual) of the individuals.Hence, statement 2 is correct.
  4. The Fundamental Rights are meant for promoting the ideal of political democracy. 
  5. They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties

and freedoms of the people against the invasion by the State.

  1. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. In short, they aim at establishing ‘a government of laws and not of men’. Hence, statement 3 is correct.

Therefore, option (d) is the correct answer.


Q.3.Under which Article of the Constitution of India, Fundamental Rights have been provided to citizens?

                                                                                                                                               44th B.P.S.C. (Pre) 2000

(a) Articles 112 to 115

(b) Article 12 to 35

(c) Articles 222 to 235

(d) None of these

Ans: (b)

Exp:

Fundamental Rights of citizens are enshrined in Part III of the Constitution of India, which extends from Article 12 to Article 35.

  1. Article 12 defines the term “State” for the purpose of Fundamental Rights.
  2. Articles 13–35 enumerate and safeguard various Fundamental Rights such as:
  3. Right to Equality (Articles 14–18)
  4. Right to Freedoms (Articles 19–22)
  5. Right against Exploitation (Articles 23–24)
  6. Right to Freedom of Religion (Articles 25–28)
  7. Cultural and Educational Rights (Articles 29–30)
  8. Right to Constitutional Remedies (Article 32)
  9. Article 33 – Parliament may modify Fundamental Rights for Armed Forces and other specified forces to maintain discipline.
  10. Article 34 – Restriction of Fundamental Rights during martial law.
  11. Article 35 – Parliament’s power to make laws to give effect to certain Fundamental Rights provisions.

Therefore,option (b) is the correct answer.


Q.4.Consider the following entities:

  1. Election Commission of India
  2. Municipal Corporation of Delhi
  3. Bharat Heavy Electricals Limited (BHEL)
  4. A private university established with State aid or control

Which of the above are included in the definition of ‘State’ under Article 12?

(a) 1, 2 and 3 only

(b) 1 and 2 only

(c) 2 and 4 only

(d) 1, 2, 3 and 4

Ans: (d)

Exp:

Article 12 of the Constitution of India

  1. The expression ‘State’ appears in several provisions relating to Fundamental Rights. To remove ambiguity, Article 12 defines the term specifically for the purposes of Part III of the Constitution. 
  2. In this context, the State includes not only the Government and Parliament of India (executive and legislature at the Union level) but also the governments and legislatures of the States. 
  3. Election Commission of India is a constitutional authority exercising sovereign functions of the State. Thus, it clearly falls within the definition of ‘State’.
  4. It further encompasses local authorities such as municipalities, panchayats, district boards and improvement trusts.
  5. Municipal corporations are local authorities. Thus, it clearly falls within the definition of ‘State’.
  6. In addition, ‘State’ includes all other authorities, whether statutory or non-statutory, such as public sector undertakings like LIC, ONGC and SAIL. 
  7. Bharat Heavy Electricals Limited (BHEL) is a public sector undertaking and qualifies as an ‘other authority’ under Article 12 due to State ownership and control.
  8. The Supreme Court has further expanded the scope of Article 12 by holding that even private bodies may be treated as ‘State’ if they function as an instrumentality or agency of the State.
  9. Thus, a private university established with State aid or control clearly falls within the definition of ‘State’.
  10. Therefore,option (d) is the correct answer.


Q.5.Which of the following factors are considered by the Supreme Court to determine whether a body is an instrumentality of the State?

  1. Extent of government financial assistance
  2. Monopoly status conferred by the State
  3. Nature of functions performed
  4. Registration under the Companies Act

Select the correct answer using the code below:

 (a) 1, 2 and 3 only

(b) 1 and 4 only

(c) 2, 3 and 4 only

(d) 1, 2, 3 and 4

Ans: (a)

Exp: 

  1. Instrumentalities of the State : Instrumentalities of the State are entities through which the State discharges its functions. 
  2. These bodies may not be part of the ordinary governmental structure but perform public functions or operate under pervasive State influence. 
  3. When such a body effectively acts on behalf of the government, it comes within the meaning of ‘State’ under Article 12.
  4. Judicial Expansion through Tests:In Ramana Dayaram Shetty v. International Airport Authority of India, the Supreme Court held that corporations acting as agents of the government fall within Article 12. To determine whether an entity is an instrumentality of the State, the Court outlined several factors:
  5. Whether the government holds the share capital or provides substantial financial assistance
  6. Whether there is deep and pervasive control by the State
  7. Whether the entity enjoys a State-conferred monopoly
  8. Whether the functions performed are public in nature
  9. (Note: No single factor is decisive; courts assess the cumulative effect of all factors.)
  10. However, a body registered under the Companies Act does not automatically become ‘State’, nor does such registration exclude it.What matters is functional, financial, and administrative control, not legal form
  11. Therefore,option A is the correct answer.


Q.6.Which Article of the Constitution gives precedence to Constitutional provisions over the laws made by the Union Parliament/State Legislatures?                                              45th B.P.S.C. (Pre) 2001

(a) 13 

(b) 32

(c) 245

(d) 326

Ans: (a)

Exp: 

  1. Article 13 of the Constitution of India establishes the supremacy of the Constitution by giving precedence to constitutional provisions over laws made by the Union Parliament and State Legislatures.
  2. Article 13(1) declares that all pre-Constitution laws inconsistent with Fundamental Rights shall be void to the extent of such inconsistency.
  3. Article 13(2) prohibits the State from making any law that takes away or abridges Fundamental Rights, and any such law shall be void.
  4. Thus, Article 13 acts as the touchstone of judicial review, ensuring that legislative actions conform to constitutional mandates.
  5. Article 32: Provides the right to constitutional remedies, not supremacy over laws.
  6. Article 245: Deals with the extent of legislative powers of Parliament and State Legislatures, subject to the Constitution.
  7. Article 326: Relates to elections on the basis of adult suffrage.

Therefore,option (a) is the correct answer.


Q.7. In the Indian Constitution, the right to equality is granted by five Articles, They are:           UPSC (Pre) 2002

(a) Article 16 to Article 20

(b) Article 15 to Article 19

(c) Article 14 to Article 18

(d) Article 13 to Article 17

Ans: (c)

Exp: 

The Right to Equality is enshrined in Part III (Fundamental Rights) of the Indian Constitution and is guaranteed through five consecutive Articles — Articles 14 to 18.

These Articles collectively ensure equality before law and prohibit various forms of discrimination:

  1. Article 14 – Equality before law and equal protection of laws
  2. Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
  3. Article 16 – Equality of opportunity in matters of public employment
  4. Article 17 – Abolition of untouchability
  5. Article 18 – Abolition of titles

Therefore,option (c) is the correct answer.


Q.8.Which one of the following is not included in the fundamental right to equality as enshrined in the Indian Constitution?                                                    U.P.P.C.S. (Spl) (Mains) 2008

(a) Equality before law 

(b) Social equality

(c) Equal opportunity 

(d) Economic equality

Ans: (d)

Exp: 

The Right to Equality, guaranteed under Articles 14 to 18 of the Indian Constitution, ensures legal and social equality, but it does not guarantee economic equality.

  1. Equality before law and equal protection of laws is ensured under Article 14.
  2. Social equality is promoted through:
  3. Article 15 – prohibition of discrimination,
  4. Article 17 – abolition of untouchability, and
  5. Article 18 – abolition of titles.
  6. Equality of opportunity in matters of public employment is guaranteed under Article 16.

However, economic equality is not a Fundamental Right. It is pursued through the Directive Principles of State Policy, particularly Articles 38, 39 and 43, which aim at reducing inequalities in income and ensuring a just economic order. 

  1. Article 38 – Promotes social, economic and political justice and reduces inequalities in income, status, facilities and opportunities.
  2. Article 39 – Directs the State to secure adequate livelihood, equal pay, distribution of resources for the common good, prevention of concentration of wealth, and protection of workers and children.
  3. Article 43 – Promotes living wages, decent standard of life and social and cultural opportunities for workers.

Therefore,option (d) is the correct answer.


Q.9.Consider the following statements:

  1. The State can treat unequal differently with the objective of creating a level playing field in the social, economic and political spheres.
  2. Among equals the law should be equal and equally administered.

Which of the statements given above is/are correct?

 (a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans: (c)

Exp:

The Constitution permits the State to treat unequals differently to achieve substantive equality and create a level playing field in social, economic, and political spheres. This principle underlies protective discrimination and affirmative action, such as:

  1. Reservations for SCs, STs, OBCs (Articles 15(4), 15(5), 16(4))
  2. Special provisions for women and children (Article 15(3))

The statement “among equals the law should be equal and equally administered” reflects the principle of equality embodied in Article 14, which includes both equality before law and equal protection of laws. 

Therefore,option (c) is the correct answer.


Q.10.Under which article of the Constitution reservations in admission to educational institutions, including private and unaided, to OBCs/ST/SC is made?                                  Uttarakhand P.C.S. (Pre) 2012

(a) Article 15(4) 

(b) Article 15(5)

(c) Article 16(4) 

(d) Article 16(5)

Ans: (b)

Exp:

  1. Article 15(5) empowers the State to make special provisions for the advancement of socially and educationally backward classes (OBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs) in matters of admission to educational institutions, including private and unaided institutions. This provision was inserted by the 93rd Constitutional Amendment Act, 2005

Therefore,option (b) is the correct answer.

  1. Article 15(4) – Special provisions for the advancement of SCs, STs and socially and educationally backward classes.
  2. Article 16(4) – Reservation in public employment for backward classes that are not adequately represented in State services.
  3. Article 16(5) – Permits laws requiring the holder of a religious/denominational institution-related office to belong to a particular religion or denomination.


Q.11. Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?                                                          (UPSC Pre 2020)

(a) Right against Exploitation

(b) Right to Freedom

(c) Right to Constitutional Remedies

(d) Right to Equality

Ans: (d)

Exp: 

  1. Article 17 abolishes untouchability and prohibits its practice in all forms. Any disability arising from untouchability is a punishable offence under law. 
  2. Article 17 is placed under Part III – Fundamental Rights, specifically within the category of the Right to Equality (Articles 14–18)
  3. In 1976, the Untouchability (Offences) Act, 1955 was amended and renamed the Protection of Civil Rights Act, 1955 to widen its scope and strengthen penalties. The Act defines civil rights as rights accruing from the abolition of untouchability under Article 17.
  4. Although the term untouchability is not defined in the Constitution or the Act, the Mysore High Court clarified that Article 17 targets the historically evolved practice in India, referring to social disabilities imposed on certain castes by birth.
  5. The Supreme Court has held that Article 17 is enforceable against private individuals, and the State has a constitutional duty to ensure its effective enforcement.
  6. Therefore, option (d) is the correct answer.


Q.12.Consider the following statements in respect of Bharat Ratna and Padma Awards :          UPSC (Pre) 2021

1. Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.

2. Padma Awards, which were instituted in the year 1954, were suspended only once.

3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.

Which of the above statements are not correct?

(a) 1 and 2 only 

(b) 2 and 3 only

(c) 1 and 3 only 

(d) 1, 2 and 3

Ans: (d)

Exp: 

  1. Article 18(1) abolishes titles except military and academic distinctions.
  2. The Supreme Court (e.g., Balaji Raghavan case, 1996) has clearly held that Bharat Ratna and Padma Awards are not titles within the meaning of Article 18. Hence, statement 1 is not correct.
  3. Awardees cannot use these awards as prefixes or suffixes to their names
  4. Padma Awards, instituted in 1954, are announced annually on Republic Day, except during brief interruptions in 1978–79 and 1993–97. Hence, statement 2 is not correct.
  5. They are awarded in three categories:
  6. Padma Vibhushan – exceptional and distinguished service
  7. Padma Bhushan – distinguished service of a high order
  8. Padma Shri – distinguished service
  9. Bharat Ratna is the highest civilian award, conferred for exceptional service of the highest order in any field. It is treated separately from Padma Awards. Recommendations are made by the Prime Minister to the President, and no formal nominations are required. 
  10. A maximum of three Bharat Ratna awards can be given in a year, and 53 persons have been awarded so far.Hence, statement 3 is not correct.
  11. Therefore,option (d) is the correct answer.

Q.13.Which of the following Article/Articles read with the word ‘Socialist’ used in the Preamble of the Indian Constitution enabled the Supreme Court to deduce a fundamental right to Equal Pay for Equal Work?

(a) Article 14

(b) Articles 14 and 15

(c) Articles 14, 15 and 16

(d) Articles 14 and 16

Ans: (d)

Exp: 

The Supreme Court deduced the Fundamental Right to “Equal Pay for Equal Work” by reading:

  1. the word “Socialist” in the Preamble, and
  2. Article 14 (Equality before law) and Article 16 (Equality of opportunity in public employment)
  3. together.

Although Article 39(d) of the Directive Principles of State Policy explicitly provides for equal pay for equal work for both men and women, it is non-justiciable. The Court, however, has used it to interpret and expand Fundamental Rights.

Therefore,option (d) is the correct answer.


Q.13a.In the Indian Constitution the ‘Right to Freedom’ is granted by four Articles which are – U.P.P.C.S. (Mains) 2016

(a) Article – 19 to Article – 22

(b) Article – 16 to Article – 19

(c) Article – 17 to Article – 20

(d) Article – 18 to Article – 21

Ans: (a)

Exp: 

In the Indian Constitution, the Right to Freedom is guaranteed under Articles 19 to 22 of Part III (Fundamental Rights).

These four Articles collectively ensure civil and personal freedoms essential for a democratic polity:

  1. Article 19 – Guarantees six fundamental freedoms to citizens
  2. (speech & expression, assembly, association, movement, residence, profession)
  3. Article 20 – Protection in respect of conviction for offences
  4. (No ex post facto law, no double jeopardy, no self-incrimination)
  5. Article 21 – Protection of life and personal liberty
  6. (Expanded by judiciary to include dignity, privacy, livelihood, etc.)
  7. Article 22 – Protection against arbitrary arrest and detention
  8. (Safeguards for arrested and detained persons)

Therefore,option (a) is the correct answer.


Q.14.Which Article of the Constitution of India is related with Freedom of the Press. 47th B.P.S.C. (Pre) 2005

(a) Article 19 

(b) Article 20

(c) Article 21

(d) Article 22

Ans: (a)

Exp: 

The Freedom of the Press in India is not expressly mentioned in the Constitution. However, it is implicitly included under Article 19(1)(a), which guarantees to all citizens the Right to Freedom of Speech and Expression.

  1. In Romesh Thappar v. State of Madras (1950), Patanjali Shastri, C.J. emphasized that freedom of speech and the press forms the foundation of democracy, as free political discussion is essential for public education and popular government.
  2. In Prabhu Dutt v. Union of India, the Supreme Court held that the right to know government-related information is part of press freedom, but access to information from individuals depends on their voluntary consent, and reasonable restrictions may apply.
  3. In Bennett Coleman & Co. v. Union of India (1972), the Court ruled that press freedom reflects the people’s right to free speech, encompassing both content and circulation, making it qualitative as well as quantitative.
  4. Further, in Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act for being vague and susceptible to misuse, holding that it violated Article 19(1)(a).

However, press freedom is not absolute. It is subject to the reasonable restrictions under Article 19(2), including grounds such as sovereignty and integrity of India, security of the State, public order, decency or morality, contempt of court, defamation and incitement to an offence. 

Therefore, option (a) is the correct answer.


Q.15.The Supreme Court has held that hoisting the National Flag atop the private buildings is a fundamental right

of every citizen under:                                            60th to 62nd B.P.S.C. (Pre) 2016

(a) Article 14 of the Constitution

(b) Article 19(1)(a) of the Constitution

(c) Article 21 of the Constitution

(d) Article 25 of the Constitution

(e) None of the above/More than one of the above

Ans: (b)

Exp: 

The Supreme Court of India held that hoisting the National Flag atop private buildings is a fundamental right of every citizen under Article 19(1)(a), which guarantees freedom of speech and expression.

This was laid down in the landmark case of Union of India v. Naveen Jindal (2004).

Key Observations of the Court:

  1. Hoisting the National Flag is a form of expression of one’s allegiance and pride in the nation.
  2. Such expression is protected under Article 19(1)(a).
  3. The State can regulate the manner of display to ensure respect and dignity of the National Flag, but cannot impose a blanket prohibition.

Therefore,option (b) is the correct answer.


Q.16.By which of the following grounds, a citizen’s freedom of expression may not be subjected to restriction?     

                                                                                                                                        Chhattisgarh P.C.S (Pre) 2013

(a) Sovereignty of India

(b) Public order

(c) Contempt of Court 

(d) Unbecoming criticism

(e) All of the above

Ans: (d)

Exp: 

The State can impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.

Under Article 19(2), the State may impose reasonable restrictions on this freedom on specific grounds, namely:

  1. Sovereignty and integrity of India
  2. Security of the State
  3. Friendly relations with foreign States
  4. Public order
  5. Decency or morality
  6. Contempt of court
  7. Defamation
  8. Incitement to an offence

Unbecoming criticism is not a constitutional ground under Article 19(2). Therefore,option (d) is the correct answer.


Q.17.As a part of the Right to Freedom, which one of the followings does not form part of “Freedom to Assemble

Peaceably and Without Arms”?                                       Jharkhand P.C.S. (Pre) 2013

(a) Gherao officials not performing their duties

(b) Peaceful assembly

(c) People who assemble should not bear arms

(d) State can make a law imposing reasonable restrictions on the exercise of this Right

Ans: (a)

Exp:

Article 19(1)(b) of the Indian Constitution guarantees to all citizens the freedom to assemble peaceably and without arms.

This right includes:

  1. Peaceful assemblies
  2. Public meetings
  3. Demonstrations and processions
  4. Assemblies that are unarmed and held on public land

However, this right does not extend to:

  1. Violent or disorderly assemblies
  2. Assemblies causing breach of public peace
  3. Assemblies involving arms
  4. Right to strike or gherao

A gherao involves coercion, obstruction, and often intimidation of officials, which disrupts public order and is therefore not protected under Article 19(1)(b). Therefore,option (a) is the correct answer.


Q.18. With reference to the Freedom of Association under the Indian Constitution, consider the following statements:

  1. The freedom to form associations includes the right to continue an association and also the negative right not to join any association.
  2. The right to recognition of an association is a Fundamental Right.
  3. Trade unions have a Fundamental Right to strike and to engage in effective collective bargaining.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1 only

(c) 2 and 3 only

(d) 1, 2 and 3

Ans: (b)

Exp:

Freedom of Association under Article 19(1)(c) guarantees all citizens the right to form associations, unions, or cooperative societies. This includes the right to establish political parties, companies, partnership firms, societies, clubs, organisations, trade unions, or any body of persons. The freedom extends not only to the formation of an association but also to its continuance, and it equally encompasses the negative right of not forming or joining any association.Hence, statement 1 is correct.

The State may impose reasonable restrictions on this freedom on the grounds of sovereignty and integrity of India, public order, and morality. Subject to these conditions, citizens are free to form associations or unions for lawful purposes. However, the right to recognition of an association is not a Fundamental Right.Hence, statement 2 is not correct.

The Supreme Court has clarified that trade unions do not possess a Fundamental Right to effective collective bargaining, to strike, or to declare a lockout. The right to strike is a statutory right and can be regulated or restricted by appropriate industrial laws. Hence, statement 3 is not correct.

Therefore,option (b) is the correct answer.


Q.19.An accused of any offence cannot be compelled to be a witness against himself, which Article of Indian Constitution provides for this ?                                   UP Lower Sub. (Spl) (Pre) 2004

(a) Article 20(3) 

(b) Article 21

(c) Article 22 

(d) Article 74

Ans: (a)

Exp: 

Art 20. Protection in respect of conviction for offences.

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

Therefore,option (a) is the correct answer.


Q.20.Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)

(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.

(b) Article 17 and the Directive Principles of State Policy in Part IV.

(c) Article 21 and the freedoms guaranteed in Part III.

(d) Article 24 and the provisions under the 44th Amendment to the Constitution.

Ans: (c)

Exp: 

The Right to Privacy has been judicially recognised as an intrinsic part of the Right to Life and Personal Liberty under Article 21 of the Constitution.

In the landmark judgment Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a nine-judge Bench of the Supreme Court unanimously recognised a fundamental right to privacy of every individual guaranteed by the Constitution, within Article 21 in particular and Part III on the whole.

Therefore, option (c) is the correct answer.


Q.21.In the context of polity, which one of the following would you accept as the most appropriate definition         of liberty?                                                                  (UPSC,2019)

(a) Protection against the tyranny of political rulers

(b) Absence of restraint

(c) Opportunity to do whatever one likes

(d) Opportunity to develop oneself fully

Ans: (d)

Exp: 

In political and constitutional thought, liberty is a core democratic value that ensures not only freedom from arbitrary restraint but also the conditions necessary for human growth, dignity, and self-realisation.

  1. Negative liberty refers to absence of external restraints or interference, especially by the State, on an individual’s actions.
  2. Positive liberty means the ability, opportunity, and capacity to realise one’s full potential and exercise freedom meaningfully.

In constitutional and political theory, especially as reflected in the Indian Constitution, liberty is understood in a positive sense, not merely as the absence of restraints.

  1. Liberty means the creation of conditions in which individuals can realise their potential and develop their personality to the fullest.
  2. This conception aligns with:
  3. the Preamble (Liberty of thought, expression, belief, faith and worship),
  4. Fundamental Rights, and
  5. the Directive Principles of State Policy, which aim at social and economic justice

Therefore, option (d) is the correct answer.


Q.22.Which one of the following rights cannot be suspended or restricted even during                        National Emergency?                                                         U.P.P.C.S. (Mains) 2008

(a) Right to reside and settle in any part of the country.

(b) Right to life and personal liberty.

(c) Right to move freely throughout the territory of India

(d) Right to carry on any profession or business.

Ans: (b)

Exp: 

  1. Articles 358 and 359 explain the impact of a National Emergency on Fundamental Rights. 
  2. Article 358 provides for the automatic suspension of all six rights under Article 19 when an Emergency is proclaimed on the ground of war or external aggression, freeing the State from constitutional restrictions. These rights revive after the Emergency ends, though actions taken during the Emergency cannot be challenged later.
  3. Article 359 authorises the President to suspend the right to move courts for enforcement of specified Fundamental Rights. The rights themselves are not suspended, only their enforcement. 
  4. However, after the 44th Constitutional Amendment Act, 1978, the President cannot suspend enforcement of Articles 20 and 21. Therefore, the Right to life and personal liberty (Article 21) remains fully enforceable even during a National Emergency.

Therefore,option (b) is the correct answer.


Q.23.The scope of the Article 21 of the Constitution was expanded to include Right to Education, because of the decision of Supreme Court in the case :                                       M.P.P.C.S. (Pre) 2019                                                                                                                                     

(a) Unnikrishnan v/s Andhra Pradesh

(b) Govind v/s State of Madhya Pradesh

(c) Parmanand Katara v/s Union of India

(d) Chameli Singh v/s State of Uttar Pradesh

Ans: (a)

Exp: 

  1. In Unnikrishnan J.P. v. State of Andhra Pradesh (1993), the Supreme Court held that the Right to Education is implicit in the Right to Life under Article 21. 
  2. The Court ruled that children up to the age of 14 years have a fundamental right to free education, subject to the economic capacity of the State. 
  3. This judgment later led to the 86th Constitutional Amendment Act, 2002, which inserted Article 21A, making the Right to Education a separate Fundamental Right.

Therefore, option (a) is the correct answer.


Q.24. Which one of the following is a human right as well as a fundamental right under the Constitution of India?                                                   

                                                                                                                                  53rd to 55th B.P.S.C. (Pre) 2011

(a) Right to Information

(b) Right to Work

(c) Right to Education 

(d) Right to Housing

Ans: (c)

Exp:

The Right to Education is both a human right and a fundamental right in India.

  1. As a Fundamental Right, it is guaranteed under Article 21A of the Constitution (inserted by the 86th Constitutional Amendment Act, 2002), which provides free and compulsory education to children aged 6–14 years.
  2. As a Human Right, education is recognised under international instruments such as the Universal Declaration of Human Rights (Article 26 of the UDHR).

The Right to Information (RTI) is not expressly enumerated as a separate Fundamental Right in the Constitution, but it flows from Article 19(1)(a)—the Right to Freedom of Speech and Expression. The connection becomes clear when read along with the Right to Information Act, 2005.

The Right to Work is expressly recognised under Article 41 as a Directive Principle of State Policy, while the right to shelter/housing has been judicially read into Article 21. 

Therefore,option (c) is the correct answer.


Q.25.Which Article gives safeguard to the Fundamental Rights of arrested person?       U.P.P.C.S. (Mains) 2013

(a) Article 15 

(b) Article 17

(c) Article 21 

(d) Article 22

Ans: (d)

Exp: 

Article 22 provides constitutional safeguards to persons who are arrested or detained and operates in two distinct parts:

First Part – Ordinary (Punitive) Detention:

It applies to arrest under ordinary criminal law and guarantees the arrested person:

  1. the right to be informed of the grounds of arrest,
  2. the right to consult and be defended by a legal practitioner, and
  3. the right to be produced before a magistrate within 24 hours, beyond which detention is not permitted without judicial authorization.

Second Part – Preventive Detention:

It deals with detention without trial and provides safeguards such as:

  1. detention beyond three months only after approval of an Advisory Board (consisting of High Court judges),
  2. communication of grounds of detention to the detenu (subject to public interest), and
  3. the right to make a representation against the detention order.

Therefore,option (d) is the correct answer.