1500+ Question Answer of Indian Constitution Fundamental Rights

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1500+ Question Answer of Indian Constitution Fundamental Rights

1500+ Question Answer of Indian Constitution Fundamental Rights

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Fundamental Rights (FRs) in the Indian Constitution

Basic Concepts & Constitutional Provisions

  1. India is referred to as _ under the Constitution.
    Answer: Bharat
  2. Who can admit a new State to the Union?
    Answer: Parliament
  3. Which human right is protected under Article 21?
    Answer: Right to Life and Personal Liberty
  4. Special authority for enforcing FRs is vested in?
    Answer: Supreme Court (Article 32)
  5. FRs are contained in which part?
    Answer: Part III (Articles 12-35)

Legal Nature of Fundamental Rights

  1. Why can’t Parliament repeal FRs under Article 368?
    Answer: They form part of the Basic Structure of the Constitution (as established in Kesavananda Bharati case)
  2. Against whom can FRs be claimed?
    Answer: The State (as defined in Article 12)

Fundamental Rights (FRs) in the Indian Constitution

Key Provisions & Features

  1. FRs that cannot be suspended during emergency:
    Answer: Articles 20 and 21 (Right to Protection in Respect of Conviction and Right to Life)
  2. Article 13(1) applies to:
    Answer: Pre-constitutional laws (invalidates inconsistent laws)
  3. Current number of FR categories:
    Answer: Six (originally seven; Right to Property removed as FR)
  4. Origin of India’s civil liberties movement:
    Answer: Struggle against British rule
  5. Concept of FRs borrowed from:
    Answer: USA (Bill of Rights)
  6. Single Citizenship borrowed from:
    Answer: Britain
  7. Dual Citizenship recommended by:
    Answer: L.M. Singhvi Committee (2001)

Citizenship Provisions

  1. Citizenship determination at Constitution’s commencement:
    Answer: Article 5
  2. Voluntary foreign citizenship disqualification:
    Answer: Article 9
  3. Authority to prescribe citizenship qualifications:
    Answer: Parliament (not President; corrected from original question)
  4. Naturalization qualification example:
    Answer: Government service for 12 months
  5. FRs not applicable to:
    Answer: Armed Forces (subject to laws like Army Act)
  6. Parliament’s power to regulate citizenship:
    Answer: Article 11

Critical Rights & Amendments

  1. FR that protects other FRs:
    Answer: Right to Constitutional Remedies (Article 32)
  2. Current status of Right to Property:
    Answer: Legal right under Article 300A

23-24. No longer a FR:
Answer: Right to Property (removed by 44th Amendment, 1978)

  1. Not a FR:
    Answer: Right to Strike
  2. Most controversial FR (historically):
    Answer: Right to Property
  3. Amendment that changed Property Right status:
    Answer: 44th Amendment (1978)
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Equality & Core Principles

  1. Right to Equality excludes:
    Answer: Economic equality
  2. “Equality before Law” means:
    Answer: No privileged individuals (per Article 14)
  3. First expression of equality concept:
    Answer: Swaraj Bill (1928)
  4. FRs in original Constitution:
    Answer: Enshrined since adoption (1950)
  5. “Heart and Soul of Constitution” (Ambedkar):
    Answer: Right to Constitutional Remedies (Article 32)

Enforcement of Fundamental Rights

  1. Which right allows citizens to approach courts for FR protection?
    Answer: Right to Constitutional Remedies (Article 32)
  2. The Right to Constitutional Remedies is classified as:
    Answer: A Fundamental Right (Article 32)
  3. Who can suspend Constitutional remedies under Article 32?
    Answer: Parliament (during national emergency)
  4. Which court issues writs for FR enforcement?
    Answer: Supreme Court (High Courts under Article 226)

Restrictions & Limitations

  1. Which FR is restricted by the Preventive Detention Act?
    Answer: Right to Freedom (Article 19)
  2. Who can impose reasonable restrictions on FRs?
    Answer: Parliament
  3. Who can abridge FRs without violating the Constitution’s basic structure?
    Answer: Parliament (via constitutional amendments)

Judicial Protection

  1. Primary court responsible for FR enforcement:
    Answer: Supreme Court
  2. Guardian/Protector of FRs:
    Answer: Supreme Court
  3. Violation of FRs can be presented to:
    Answer: Both Supreme Court and High Courts
  4. Authority to impose FR restrictions:
    Answer: Legislature

Special Provisions

  1. When can FRs be suspended?
    Answer: By the President during national emergency (except Articles 20-21)
  2. FRs are defined as:
    Answer: Basic social conditions essential for citizens’ development
  3. FRs protect citizens against:
    Answer: Arbitrary state actions
  4. Number of FR categories granted:
    Answer: Six

Legal Terms & Citizenship

  1. ‘Ultra vires’ means:
    Answer: Beyond legal authority
  2. Who cannot form unions?
    Answer: Police personnel
  3. Ways to lose citizenship under 1955 Act:
    Answer: Renunciation, Deprivation, Termination

Miscellaneous Provisions

  1. “Child of today is the citizen of tomorrow” was said by:
    Answer: Jawaharlal Nehru
  2. Census conducted every:
    Answer: 10 years
  3. “Freedom is my birthright” quote by:
    Answer: Bal Gangadhar Tilak (not Sardar Patel)
  4. Voting age in India:
    Answer: 18 years
  5. Article/Amendment for voting age reduction (21→18):
    Answer: Article 326 + 61st Amendment (1988)

Social Justice

  1. ‘Creamy Layer’ refers to:
    Answer: Higher-income individuals among OBCs
  2. Backward Classes (BC) sub-categories:
    Answer: Most Backward Class (MBC)
  3. Mandal Commission focused on:
    Answer: OBC reservations
  4. Ground for classification includes:
    Answer: Annual income
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Fundamental Rights: Key Questions (60-76)

Equality & Reservation

  1. What does “Equal Protection of Law” mean?
    Answer: The same law applies to all similarly situated persons (Article 14)
  2. Seats in educational institutions can be reserved for?
    Answer: Socially and Educationally Backward Classes (SEBCs)
  3. Minimum percentage of reservation in educational institutions?
    Answer: 50% (as per Indra Sawhney case)
  4. Minorities may be classified as?
    Answer: Linguistic or Religious (Article 30)

Freedom of Speech & Judicial Enforcement

  1. Which is NOT a valid restriction on free speech?
    Answer: Public nuisance (Valid restrictions: Sovereignty, public order, morality etc. under Article 19(2))
  2. Primary court for FR enforcement?
    Answer: Supreme Court (Article 32)
  3. Correct statement about FRs vs DPSP?
    Answer: FRs are superior to Directive Principles (though courts aim for harmony between both)

Landmark Judgments

  1. Case that initially restricted Parliament’s power to amend FRs?
    Answer: Golak Nath v. State of Punjab (1967)
  2. Keshavananda Bharati case established?
    Answer: Parliament can amend Constitution but cannot alter its Basic Structure
  3. “Rule of Law excludes arbitrariness” principle from?
    Answer: Maneka Gandhi v. Union of India (1978)
  4. Do convicts retain FRs?
    Answer: Yes *(Confirmed in *Sunil Batra v. Delhi Administration, 1978)
  5. Gender equality as basic human right established in?
    Answer: Vishaka v. State of Rajasthan (1997) (Prevention of sexual harassment)
  6. PIL on Ganga pollution?
    Answer: M.C. Mehta v. Union of India (1988)
  7. Capitation fees declared illegal in?
    Answer: Mohini Jain v. State of Karnataka (1992)
  8. Education as non-commercial activity recognized in?
    Answer: Unnikrishnan v. State of AP (1993)
  9. Judicial review of President’s Rule established in?
    Answer: S.R. Bommai v. Union of India (1994)

Voting Rights

  1. Who has voting rights in India?
    Answer: Adult resident citizens (18+ years) (Article 326)

Key Takeaways

  • Judicial Activism: Cases like Vishaka and M.C. Mehta expanded FR interpretations
  • Basic Structure Doctrine: Limits parliamentary amendments (Keshavananda Bharati)
  • Reservation Policy: 50% cap set by Supreme Court (Exceptions exist for extraordinary cases)
  • PIL Power: Enabled citizens to enforce FRs for public welfare

Fundamental Rights: Key Questions (77-103)

Right to Strike & Equality

  1. The right to strike is:
    Answer: Not a Fundamental Right (but a legal right with restrictions)
  2. Which is NOT a Fundamental Right?
    Answer: Right to Strike
  3. Most litigated FR since 1950?
    Answer: Right to Property (Now a legal right under Article 300A)
  4. Rule of Equality not applicable to:
    Answer: Governor of a State (Article 361 grants immunity)
  5. Right to Equality guaranteed under:
    Answer: Article 14
  6. Article 14 applies to:
    Answer: All persons (citizens and non-citizens)
  7. Right to Equality means:
    Answer: Allows special provisions for women/children/backward classes (Articles 15-16)
  8. Equal employment opportunity under:
    Answer: Article 16
  9. FR that abolishes discrimination:
    Answer: Right to Equality (Articles 14-18)

Freedom & Restrictions

  1. Untouchability relates to _ inequality:
    Answer: Social (Abolished under Article 17)
  2. Freedom can be restricted for:
    Answer: Public order, state security & foreign relations (Article 19(2))
  3. Invalid ground to restrict free speech:
    Answer: “Law and order” (Valid grounds: Sovereignty, public order, decency, etc.)
  4. Right available to non-citizens:
    Answer: Right to Constitutional Remedies (Article 32)

Religious & Cultural Rights

  1. Sikhs carrying Kirpans protected under:
    Answer: Right to Freedom of Religion (Article 25)
  2. Free speech restrictions include:
    Answer: Sovereignty and integrity of India (Article 19(2))
  3. “Bulwark of Democracy”:
    Answer: Freedom of Speech
  4. Restriction on free speech:
    Answer: Contempt of Court
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Property & Exploitation

  1. Current status of Right to Property:
    Answer: Human Right (Constitutional right under Article 300A)
  2. No longer a FR:
    Answer: Right to Property (Removed by 44th Amendment, 1978)
  3. Purpose of cultural/educational rights:
    Answer: Help minorities conserve culture (Articles 29-30)

Enforcement Mechanisms

  1. Direct Supreme Court approach for FR violations under:
    Answer: Article 32
  2. FR protection activates when:
    Answer: Citizen approaches court
  3. FR suspension authority:
    Answer: President (During National Emergency under Article 352)
  4. Courts can issue:
    Answer: Writs (Habeas Corpus, Mandamus, etc.)

Right Against Exploitation

  1. FR prohibiting human trafficking:
    Answer: Article 23
  2. “Traffic in human beings” means:
    Answer: Selling/buying people (Includes forced labor)
  3. Right against exploitation prohibits:
    Answer: Human trafficking and forced labor

Key Takeaways

  • Judicial Remedies: Article 32 allows direct Supreme Court approach for FR violations
  • Balanced Freedoms: Articles 19-22 balance liberty with reasonable restrictions
  • Social Justice: Articles 17-18 and 23-24 address historic inequalities
  • Emergency Provisions: FRs (except Articles 20-21) can be suspended during emergencies