Q.1.Which of the following are envisaged by the Right against Exploitation in the Constitution of India? UPSC (Pre) 2017

1. Prohibition of traffic in human beings and forced labour

2. Abolition of untouchability

3. Protection of the interests of minorities

4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

(a) 1, 2 and 4 only 

(b) 2, 3 and 4 only

(c) 1 and 4 only 

(d) 1,2,3 and 4

Ans: (c)

Exp: 

The Right against Exploitation is guaranteed by Articles 23 and 24 of the Constitution. It seeks to protect individuals, particularly vulnerable sections, from human trafficking, forced labour and hazardous child labour.

1. Statement 1 – Correct: Article 23 prohibits traffic in human beings, begar and other forms of forced labour. It protects individuals from exploitation and coercion.
2. Statement 2 – Incorrect: Article 17 abolishes untouchability and is part of the Right to Equality, not the Right against Exploitation.
3. Statement 3 – Incorrect: Articles 29 and 30 provide Cultural and Educational Rights, including protection of the interests of minorities. They do not form part of the Right against Exploitation.
4. Statement 4 – Correct: Article 24 prohibits the employment of children below 14 years in any factory, mine or other hazardous employment. It seeks to protect children from exploitation and hazardous working conditions.

Therefore, only Statements 1 and 4 are correct.

Hence, option (c) is the correct answer.

Q.2.Bonded Labour was abolished in India, by an Act of Parliament enacted in the year – U.P. U.D.A./L.D.A. (Pre) 2010

(a) 1971 

(b) 1976

(c) 1979 

(d) 1981

Ans: (b)

Exp: 

Bonded labour in India was abolished through the Bonded Labour System (Abolition) Act, 1976.

1. The Act was enacted to give statutory effect to Article 23 of the Constitution, which prohibits forced labour and begar.
2. It abolished the bonded labour system, extinguished all bonded debts, and freed bonded labourers from any obligation to render forced service.
3. The responsibility for identification, release, and rehabilitation of bonded labourers was placed on the State authorities.

Therefore, option (b) is the correct answer.

Q.3.The child labour was prohibited in hazardous employment by–            U.P. Lower Sub. (Spl) (Pre) 2003

(a) Indian Constitution

(b) The judgment of Supreme Court on December 10,1996

(c) United Nations Charter

(d) All of the above

Ans: (d)

Exp: 

The prohibition of child labour in hazardous employment in India has support from multiple legal and constitutional sources:

1. Indian Constitution 
2. Article 24 of the Constitution expressly prohibits the employment of children below 14 years of age in factories, mines, and other hazardous occupations.
3. Judgment of the Supreme Court (10 December 1996) 
4. In M.C. Mehta v. State of Tamil Nadu (1996), the Supreme Court issued detailed directions for:
5. Prohibition of child labour in hazardous industries
6. Rehabilitation and education of affected children
7. United Nations Charter / International commitments 
8. India, as a member of the UN, is guided by international instruments emphasizing protection of children’s rights and elimination of child labour, which influence domestic law and policy.
9. Therefore, option (d) is the correct answer.

Q.4.With reference to the United Nations Convention on the Rights of the Child, consider the following:                                                      UPSC Pre (2010)

1. The Right to Development

2. The Right to Expression

3. The Right to Recreation

Which of the above is/are the Rights of the child?

(a) 1 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Ans: (d)

Exp: 

The United Nations Convention on the Rights of the Child (UNCRC), 1989 recognizes a comprehensive set of rights necessary for the full development and dignity of a child.

1. Right to Development : The Convention guarantees the child’s right to physical, mental, moral, spiritual, and social development (e.g., Articles 6 and 27 of UNCRC).
2. Right to Expression: Under Article 13, children have the right to freedom of expression, including the freedom to seek, receive, and impart information and ideas.
3. Right to Recreation : Article 31 recognizes the child’s right to rest, leisure, play, and recreational activities appropriate to their age.
4. Therefore, option (d) is the correct answer.

Q.5.International Labour Organization’s Conventions 138 and 182 are related to:                (UPSC Pre 2018)

(a) Child Labour

(b) Adaptation of agricultural practices to global climate change

(c) Regulation of food prices and food security

(d) Gender parity at the workplace

Ans: (a)

Exp:

The International Labour Organization (ILO) Conventions No. 138 and No. 182 both deal with child labour:

1. ILO Convention No. 138 (1973) – Minimum Age Convention
2. It sets the minimum age for admission to employment to ensure children are not forced into work at an early age and can pursue education.
3. ILO Convention No. 182 (1999) – Worst Forms of Child Labour Convention
4. It calls for the immediate elimination of the worst forms of child labour, such as slavery, trafficking, forced labour, child prostitution, and hazardous work.

Therefore, option (a) is the correct answer.

Q.6.The provision of ‘Right to Freedom of Religion’ includes-                   U.P.U.D.A./L.D.A. (Pre) 2001

(I) Freedom of propagation of religion

(II) Right to wear and carry ‘Kripans’ by Sikhs

(III) State’s right to make laws for social reforms

(IV) Right to conversion of religion of people by religious bodies

Choose the correct answer from given codes:

Code :

(a) I, II and III 

(b) II, III and IV

(c) III and IV 

(d) All of above

Ans: (a)

Exp:

The Right to Freedom of Religion is guaranteed under Articles 25–28 of the Indian Constitution. It protects freedom of conscience and religious practice while also permitting the State to regulate secular activities and undertake social reform.

1. Statement I – Correct: Article 25(1) guarantees freedom of conscience and the right to profess, practise and propagate religion. However, propagation means the right to spread or communicate one’s religious beliefs, not a right to forcibly or fraudulently convert another person.
2. Statement II – Correct: Under Article 25, Explanation I, the wearing and carrying of kirpans is deemed to be included in the profession of the Sikh religion.
3. Statement III – Correct: Article 25(2) allows the State to make laws for social welfare and reform, and to regulate secular activities associated with religious practice. Thus, religious freedom is not absolute.
4. Statement IV – Incorrect: There is no fundamental right to convert another person. The Supreme Court in Rev. Stainislaus v. State of Madhya Pradesh (1977) held that the right to propagate religion does not include a right to convert another person.

Therefore, option (a) is the correct answer.

Q.7.According to Article 25 of the Constitution 'Right to Freedom of Religion' is not subjected to –  R.A.S.(Pre) 2013

(a) Public Order 

(b) Health

(c) Morality 

(d) Humanism

Ans:(d)

Exp:

Article 25 of the Indian Constitution guarantees the Right to Freedom of Religion, but this right is not absolute.

As per Article 25(1), the freedom of conscience and the right to profess, practice, and propagate religion are subject to:

1. Public order
2. Morality
3. Health
4. Other provisions of Part III (Fundamental Rights)

However, the Right to Freedom of Religion under Article 25 is not subject to Humanism.

Therefore, option (d) is the correct answer.

Q.8.The word ‘Hindu’ in Article 25 of the Constitution of India does not include –      U.P.P.C.S. (Mains) 2014

(a) Buddhists 

(b) Jains

(c) Parsis 

(d) Sikhs

Ans:(c)

Exp:

Article 25(2)(b) – Explanation II of the Constitution clearly provides that:

“The reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.”

Parsis (Zoroastrians) are a distinct religious community and are not included within the constitutional definition of ‘Hindu’.

Therefore, option (c) is the correct answer.

Q.9. With reference to the Constitution of India, consider the following statements:

1. Article 26 guarantees freedom of conscience to every individual.
2. The rights guaranteed under Article 26 are subject only to public order, morality and any other Fundamental Rights.

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: (d)

Exp:

Article 26 guarantees collective freedom of religion, i.e., rights of religious denominations or their sections, not individuals. Hence, statement 1 is not correct.

It includes four core rights:

1. Right to establish and maintain institutions for religious and charitable purposes;
2. Right to manage its own affairs in matters of religion;
3. Right to own and acquire movable and immovable property; and
4. Right to administer such property in accordance with law.

The rights guaranteed under Article 26 are subject only to public order, morality and health, and not to any other Fundamental Rights or reasonable restrictions. Hence, statement 2 is not correct.

Therefore, option (d) is the correct answer.

Q.10.With reference to the Constitution of India, consider the following statements::

Statement I: Article 27 prohibits only the levy of a tax and not a fee in matters relating to religion.

Statement II: Article 27 embodies the principle of State neutrality in religious matters by prohibiting the levy of a tax for the promotion or maintenance of any particular religion .

Statement III: A fee is levied to meet the cost of secular administration, regulation, or services and is constitutionally permissible.

Which one of the following is correct in respect of the above statements? 

1. Both Statement II and Statement III are correct and both of them explain Statement I 
2. Both Statement II and Statement III are correct but only one of them explains Statement I
3. Only one of the Statements II and III is correct and that explains Statement I 
4. Neither Statement II nor Statement III is correct

Ans: A

Exp:

Article 27 of the Constitution provides that no person shall be compelled to pay any tax for the promotion or maintenance of any particular religion or religious denomination. The underlying principle is State neutrality in religious matters. Hence, statement I is correct.

Importantly, Article 27 prohibits only the levy of a ‘tax’ and not a ‘fee’.

1. Article 27 embodies the principle of State neutrality in religious matters by prohibiting the levy of a tax for the promotion or maintenance of any particular religion or religious denomination. Hence, statement II is correct.
2. A fee is generally charged for a specific service, regulation or administration and is distinct from a tax. Therefore, a fee imposed for secular services or regulation connected with religious institutions is not prohibited by Article 27 merely because the institution is religious. Hence, statement III is correct.

Therefore, option A is correct because both Statement II and Statement III are correct and both of them explain Statement I.

Q11. With reference to the Indian Constitution, consider the following statements:

1. Religious instruction is prohibited in all institutions administered by the State.
2. Religious instruction is completely prohibited in institutions wholly maintained out of State funds.
3. Students in State - recognised institutions cannot be compelled to attend religious worship.

Which of the statements given above is/are correct?

 (a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Ans: (c)

Exp:

Art 28 . Freedom as to attendance at religious instruction or religious worship in certain educational institutions.—

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State

Funds. Hence, statement 2 is correct.

(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such

Institution.

1. Thus, if a State-administered institution is established under a trust that mandates religious instruction, such instruction is permitted. Hence, statement 1 is not correct.

(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. Hence, statement 3 is correct.

Therefore, option (c) is the correct answer.

Q.12. Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R).

Assertion (A) : Article 30 of the Constitution of India does not define the term' minorities.

Reason (R) : The Constitution recognises only linguistic and religious minorities.

Select the correct answer from the codes given below:                            U.P.P.C.S. (Pre) 2019

Codes :

(a) Both (A) and (R) are true and (R) is the correct explanation of (A).

(b) Both (A) and (R) are true, but (R) is not the correct explanation of (A).

(c) (A) is true, but (R) is false.

(d) (A) is false, but (R) is true.

Ans: (b)

Exp:

1. Article 30 guarantees minorities the right to establish and administer educational institutions of their choice. However, the Constitution does not define the term “minority.”
2. Assertion (A) – True: The Constitution does not provide a specific definition of the term “minority” in Article 30 or elsewhere. The determination of minority status has therefore been addressed through judicial interpretation and legislation/policy.
3. Reason (R) – True: Article 30(1) specifically recognises minorities “whether based on religion or language.” Thus, religious and linguistic minorities are the categories expressly recognised for the purpose of Article 30.
4. However, (R) is not the correct explanation of (A): The fact that Article 30 refers to religious and linguistic minorities does not explain why the Constitution does not define the term “minority.” These are two separate constitutional points.

Therefore, option (b) is the correct answer .

Q.13. Consider the following statements –                                          UPSC (Pre) 2005

1. Article 301 is related to Right to Property.

2. Right to Property is a legal right but not a Fundamental Right.

3. Article 300-A was inserted in the Indian Constitution by the 44th Amendment during the period of Congress Government.

Which of the aforementioned statements is/are correct?

(a) Only 2 

(b) 2 and 3

(c) 1 and 3 

(d) 1,2 and 3

Ans: (a)

Exp:

1. Article 301 deals with freedom of trade, commerce and intercourse throughout the territory of India (Part XIII). It is not related to the Right to Property. Hence, statement 1 is not correct.
2. The Right to Property is no longer a Fundamental Right. The 44th Constitutional Amendment Act, 1978 removed Articles 19(1)(f) and 31 from Part III. It is now protected as a constitutional legal right under Article 300-A. Hence, statement 2 is correct.
3. Article 300-A was inserted by the 44th Constitutional Amendment Act, 1978.This amendment was passed during the Janata Party Government (Prime Minister Morarji Desai), not Congress. Hence, statement 3 is not correct.

Therefore, option (a) is the correct answer.

Q.14.Which one of the following rights was described by Dr. B.R. Ambedkar 

as the ‘Heart and Soul of the Constitution’ ?                                       I.A.S. (Pre) 2002

(a) Right to Freedom of Religion

(b) Right to Property

(c) Right to Equality

(d) Right to Constitutional Remedies

Ans: (d)

Exp:

Dr. B.R. Ambedkar described Article 32 (Right to Constitutional Remedies) as the “Heart and Soul of the Constitution.”

Fundamental Rights would remain merely theoretical or decorative if there were no effective mechanism to enforce them. Article 32 provides that mechanism. It empowers citizens to directly approach the Supreme Court for enforcement of their Fundamental Rights.

Under Article 32, the Supreme Court can issue writs such as:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto

Thus, the right to move the Supreme Court itself is a Fundamental Right.

Dr. Ambedkar stated that without Article 32, the Constitution would be a nullity, because rights without remedies are meaningless.

Therefore, option (d) is the correct answer.

Q.15.With reference to the writ jurisdiction of the Supreme Court and High Courts, consider the following statements:

1. The Supreme Court can issue writs only for the enforcement of Fundamental Rights.
2. A High Court can issue writs for enforcement of Fundamental Rights as well as for other legal rights.
3. The territorial jurisdiction of the Supreme Court for issuing writs is wider than that of a High Court.
4. Both Article 32 and Article 226 confer discretionary writ jurisdiction upon the courts.

Which of the statements given above are correct?

 (a) 1, 2 and 3 only

(b) 1 and 4 only

(c) 2 and 3 only

(d) 1, 2, 3 and 4

Ans: (a)

Exp:

1. Under Article 32, the Supreme Court can issue writs only for enforcement of Fundamental Rights. Hence, statement 1 is correct.
2. Under Article 226, High Courts can issue writs:
3. For enforcement of Fundamental Rights
4. For “any other purpose” (i.e., enforcement of ordinary legal rights)
5. Thus, HC’s jurisdiction is wider in scope of rights, but not territorially. Hence, statement 2 is correct.
6. The Supreme Court can issue writs throughout the territory of India, whereas a High Court’s writ jurisdiction is limited to:
7. Persons/authorities within its territory, or
8. Outside its territory only if the cause of action arises within its jurisdiction.
9. So territorially, SC is wider. Hence, statement 3 is correct.
10. Article 32 is itself a Fundamental Right, hence the Supreme Court cannot ordinarily refuse relief. Hence, statement 4 is not correct.
11. Article 226 is discretionary, and High Courts may refuse to exercise writ jurisdiction.

Therefore, option (a) is the correct answer.

Q.16.Which one of the following writs can be issued by a High Court to secure the liberty of the individual? 

                                                                                                                             U.P.P.C.S. (Pre) (Re. Exam) 2015

(a) Mandamus

(b) Quo-warranto

(c) Habeas Corpus

(d) Prohibition

Ans: (c)

Exp:

1. The writ that is issued to secure the liberty of an individual is Habeas Corpus.
2. The term Habeas Corpus literally means “to have the body.”
3. It is issued by a High Court (under Article 226) or the Supreme Court (under Article 32) when a person is illegally detained or unlawfully confined.
4. The court orders the authority or person detaining the individual to produce the detained person before it. If the detention is found illegal, the court orders immediate release.
5. Therefore, option (c) is the correct answer.

Q.17. With reference to the writ of Mandamus, consider the following statements:

1. It can be issued against an inferior court.
2. It can be issued against a private individual to enforce a contractual obligation.
3. It can be issued against the President of India for non-performance of official duties.

How many of the statements given above is/are correct?

1. Only One
2. Only Two
3. All Three
4. None

Ans: A

Exp:

1. Mandamus literally means “we command.” It is a writ issued by a court directing a public official to perform a duty that he has failed or refused to discharge.
2. This writ may also be issued against a public authority, government body, corporation, inferior court, or tribunal to compel the performance of a mandatory public duty imposed by law. Hence, statement 1 is correct.
3. The writ of Mandamus cannot be issued:
4. Against a private individual or private body. Hence, statement 2 is not correct.
5. To enforce departmental instructions that lack statutory backing.
6. When the duty to be performed is discretionary rather than mandatory.
7. To enforce obligations arising purely out of a contract.
8. Against the President of India or the Governors of States. Hence, statement 3 is not correct.
9. Against the Chief Justice of a High Court when acting in a judicial capacity.
10. 
    
11. Therefore, option A is the correct answer.

Q.18.Consider the following statements:

1. Unlike Mandamus, which commands action, Prohibition directs the authority to refrain from acting.
2. Unlike Prohibition, which is purely preventive, Certiorari is both preventive and curative, as it can correct an already passed order.

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:

Writ of Prohibition

1. The term Prohibition literally means “to forbid.” It is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or exercising a jurisdiction that it does not possess.
2. In other words, it is a preventive writ. It stops proceedings before the order is passed. 
3. Unlike Mandamus, which commands action, Prohibition directs the authority to refrain from acting. Hence, statement 1 is correct.
4. This writ can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, or private individuals or institutions.

Writ of Certiorari

1. The term Certiorari means “to be certified” or “to be informed.”
2.  It is issued by a higher court to a lower court or tribunal either: to transfer a pending case to itself or to quash (set aside) an order already passed.
3. It is issued on grounds such as: excess of jurisdiction, lack of jurisdiction and error of law.
4. Unlike Prohibition, which is purely preventive, Certiorari is both preventive and curative, as it can correct an already passed order. Hence, statement 2 is correct.
5. In 1991, the Supreme Court expanded its scope and held that it can also be issued against administrative authorities if their decisions affect the rights of individuals.
6. However, like Prohibition, Certiorari cannot be issued against legislative bodies or private individuals.
7. Therefore, option (c) is the correct answer.

Q.19. With reference to the writ of Quo-Warranto, consider the following statements:

1. It is issued to examine the legality of a person’s claim to a public office.
2. It can be issued in respect of a private office.
3. It can be sought only by the aggrieved person.

How many of the statements given above is/are correct?

1. Only One
2. Only Two
3. All Three
4. None

Ans: A

Exp:

Writ of Quo-Warranto

1. The term Quo-Warranto literally means “by what authority” or “under what warrant.” 
2. It is issued by a court to inquire into the legality of a person’s claim to a public office. Through this writ, the court examines whether the individual is lawfully entitled to hold that office. Hence, statement 1 is correct.
3. Its primary objective is to prevent the illegal usurpation of a public office.
4. This writ can be issued only when the office in question is:
5. A substantive public office,
6. Of a permanent nature, and
7. Created by the Constitution or a statute.
8. It cannot be issued with respect to:
9. Ministerial offices, or
10. Private offices. Hence, statement 2 is not correct.
11. Unlike other writs, Quo-Warranto can be filed by any interested person and does not require the petitioner to be personally aggrieved. This makes it an important tool to ensure transparency and accountability in public appointments. Hence, statement 3 is not correct.
12. Therefore, option A is the correct answer.

Q.20.With reference to Martial Law and National Emergency in India, consider the following statements:

1. Both Martial Law and National Emergency are explicitly mentioned in the Constitution of India.
2. Martial Law suspends ordinary courts, whereas National Emergency does not.
3. National Emergency can be imposed on the ground of internal disturbance.

Which of the statements given above is/are correct?

 (a) 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Ans: (a)

Exp:

Martial Law vs National Emergency 

1. Therefore, option (a) is the correct answer.