PYQs OF VARIOUS EXAMS LIKE – UPSC CSE, CDS,CAPF,NDA,

VARIOUS STATE PSC WHICH WILL BENEFIT UPSC ASPIRANTS.

 Q. The issue, whether Section 377 of the Indian Penal Code is
violative of Articles 21, 14 and 15 of the Constitution of India' was
decided in which one of the following cases ? (CDS1-2022)

(a)Shreya Singhal vs. Union of India

(b)Vishakha vs. State of Rajasthan

(c)Shayara Bano vs. Union of India

(d)Naz Foundation vs. Government of NCT of Delhi and others

 • CORRECT ANSWER IS OPTION 4.

JUDGEMENT RELATED TOPIC

a)Shreya Singhal vs. Union of India • Freedom of speech and expression.
(b)Vishakha vs. State of Rajasthan • Sexual harassment at work place.
• Three
(c)Shayara Bano vs. Union of India muslm practices
unconstitutional – triple talaq,
polygamy and nikah halala.
(d)Naz Foundation vs. Government • 377 – homosexuality was
of NCT of Delhi and others decraminalised.
Q. Which one of the following writs means ‘you may
have the body' ? (CDS1-2022)

(a) Habeas Corpus (b) Mandamus

(c)Certiorari (d) Quo Warranto

 Q. Article 19(1) of the Constitution of India, as it stands
amended, includes which following ? (CDS1-2022)

1.Freedom of speech and expression

2.Assemble peaceably and without arms
3.To acquire and dispose property
4.To move freely throughout the territory of India
Select the correct answer using the code given below :
(a)1 and 2 only
(b)1, 2, 3 and 4
(c)4 only
(d)1, 2 and 4 only
• The correct answer is the Right to freedom of speech and expression.
ARTICLE 19 DEALS WITH THE SIX FUNDAMENTAL RIGHTS. THEY ARE:
1. Right to freedom of speech and expression.
2. Right to assemble peacefully and without arms.
3. Right to form association or unions or co-operatives.
4. Right to move freely throughout the territory of India.
5. Right to reside and settle in any part of the territory of India.
6. Right to practice any profession or to carry on any occupation, trade or
business.
 Q. Which one among the following fundamental rights is/are
available to non-citizens? (CDS 1 2021)
1. Freedom of speech
2. Protection against self incrimination
3. Freedom of conscience
4. Non discrimination in matters of employment
Select the correct answer using the codes given below
a) 1,2 and 3 only
b) 1,3 and 4 only
c) 2 and 3 only
d) 2 only
❖ CORRECT ANSWER – 2 AND 3 ONLY
Fundamental rights available to both citizens & foreigners (except aliens):
1. Equality before the law and equal protection of laws (article 14).
2. Protection in respect of conviction for offenses (article20).
3. Protection of life and personal liberty (article21).
4. Right to elementary education (article 21A).
5. Protection against arrest and detention in certain cases (Article 22).
6. Prohibition of traffic and human beings and forced labor (article 23).
7. Prohibition of employment of children in factories etc (article 24).
8 Freedom of conscience and free profession, practice, and propagation of religion (article 25).
9. Freedom to manage religious affairs (Article 26).
10. Freedom from payment of taxes for promotion of any religion (article 27).
Q. Which one of the following is not a correct statement with
reference to the Constitution of India? [CDS I| 2021]

(a) The Constitution 85th Amendment Act has inserted the Right to
Education‘ under Article 21A.

(b) Article 22 talks about preventive detention.

(c) Right to Constitutional Remedies is in Part-IlI of the Constitution.

(d) Writ jurisdiction of High Courts is wider than the Supreme Court of
India.
The correct answer is The Constitution (Eighty-Fifth) Amendment Act has inserted the 'Right to Education' under Article
21A.
Eighty-Sixth Amendment Act, 2002
o Made elementary education a fundamental right under Article 21A. Hence, Statement 1 is not correct.
o Changed the subject matter of Article 45 in Directive Principles
o Added new fundamental duty under Article 51-A
Eighty Fifth Amendment Act, 2001
❖ It Provided for consequential seniority in the case of promotion under the rule of reservation for the government
servants belonging to the Scheduled Castes and Scheduled Tribes with retrospective effect from June 1995.
Preventive Detention
❖ It is the most contentious part of the scheme fundamental rights in the Indian constitutions Article 22(3) provides that
if the person has been arrested or detained under preventive detention laws then the protection against arrest and
detention provided under article22 (1) and22 (2) shall not be available to that person. Hence, Statement 2 is correct.
❖ Right to Constitutional Remedies Article 32.
❖ ART 226 – HC writ jurisdiction is wider than SC
 Q. What is the Ground on which the Supreme court
can refuse relief under Article 32 (CDS 2020)

(a) The aggrieved person can get remedy from another

court

(b) That disputed facts have to be investigated

(c) That no fundamental rights have been infringed

(d) That the petitioner has not asked for the proper writ
applicable to his or her case
❖Option 3 is correct.
❖That no fundamental right has been infringed - On this, the Supreme Court can refuse
relief under Article 32.
❖The right to move the Supreme Court by appropriate proceedings for the enforcement
of the Fundamental Rights is guaranteed. The Supreme Court shall have the power to
issue directions or orders or writs any of the fundamental rights.
❖The Supreme Court shall have the power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto,
and certiorari, whichever may be appropriate, for the enforcement of any of the rights
conferred by this Part.
Q Which one of the following is not a part of the Fundamental
Rights (Part III) of the Constitution of India? (CDS 2 2019)

(a)Prohibition of traffic in human beings and forced labour

(b)Prohibition of employment of children in factories

(c)Participation of workers in management of industries

(d)Practice any profession or to carry on any occupation, trade or

business
❖ Option C is correct.
❖ Participation of workers in the management of industries is mentioned in Article 43A
which is a part of the Directive Principles of State Policy. It was inserted by the 42nd
Amendment, 1976.
❖ Prohibition of traffic in human being and forced labour is mentioned in Article 23
(Fundamental Rights)
❖ Prohibition of employment of children in factories is mentioned in Article 24
(Fundamental Rights)
❖ Article 19 provides for the freedom to practice any profession, or to carry on any
occupation, trade or business.
Q When a proclamation of emergency is in operation,
the right to move a court for the enforcement of all
Fundamental Rights remain suspended except
(CDS 1 2019)

(a)Article 20 and article 21

(b)Article 21 and article 22

(c)Article 19 and article 20

(d)Article 15 and article 16

❖ The correct answer is Article 20 and Article 21

Key Points

❖ During an emergency, all other fundamental rights are

suspended except Article 20,21.
Q. Which one of the following statements regarding the Universal
Declaration of Human Rights is not correct? (CDS 2 2018)

A. The UN General Assembly adopted the Human Rights Charter on 10th December,
1948

B. Some of the provisions of the Fundamental Rights enshrined in the Constitution

of India are similar to the provisions of the Universal Declaration of Human Rights

C. The Right to Property is not a part of the Universal Declaration of Human Rights.

D. India is a signatory to the Universal Declaration of Human Rights

Option C is correct.
Article 17 of the Universal Declaration of Human Rights reads
❖ Everyone has the right to own property alone as well as in association with others.
❖ No one shall be arbitrarily deprived of his property.
About the Universal Declaration of Human Rights
❖ The Declaration was proclaimed on 10th December 1948 in the United Nations General Assembly.
❖ It was adopted in Paris, France.
❖ There are a total of 30 Articles in the Universal Declaration of Human Rights.
❖ While Right to Property forms a part of the Universal Declaration of Human Rights, is not a part of
the Fundamental Rights prescribed by the Indian Constitution.
❖ However, many of the provisions of the Fundamental Rights in the Indian Constitution draws
similarity with those in the Universal Declaration of Human Rights.
 Q. The Fundamental Rights guaranteed in the
Constitution of India can be suspended only by
(CDS 2 2017)

(a)A proclamation of National Emergency

(b)An Act passed by the Parliament

(c)An amendment to the Constitution of India

(d)The judicial decisions of the Supreme Court

Option 1 is correct.

❖Fundamental Rights guaranteed in the constitution of Indian can be

suspended only by a proclamation of National Emergency.

❖Right to freedom is automatically suspended but Right to life and

personal liberty cannot be suspended. Such suspension needs
parliament approval.

❖Note: Fundamental Rights can de suspended during the Emergency

under Article 359 of the constitution.
Q. Which one of the following statements is not correct with respect to
Article 32 of the Constitution of India (CDS #2016?)

(a) It provides remedies to citizens for the enforcement of fundamental rights

(b) it is a part of fundamental rights.

(c) The Supreme Court cannot refuse writ petition under Article 32 on the
ground of delay

(d) Protection under Article 32 also applies to the enforcement of ordinary law
which has nothing to do with the fundamental rights.
❖ The correct answer is OPTION 4
❖ Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek
justice when they feel that their fundamental right is being exploited or they are being deprived of their
fundamental rights. The apex court is given the authority to issue directions or orders for the execution of
any of the rights of bestowed by the constitution as it is considered the protector and guarantor of
Fundamental Rights'.
❖ The Supreme Court cannot refuse a writ petition under Article 32 on the ground of delay.
The SIX fundamental rights recognised by the by Indian constitution are the:
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and Educational Right
6. Right to constitutional remedies
 Q. In which of the following cases did the Supreme Court rule that Constitutional
Amendments were also laws under Article 13 of the Constitution of India, which
could be declared void for being inconsistent with fundamental rights? (CDS 2015)

(a) Keshavanand Bharati case

(b) Golaknath Case

(c) Minerva Mills Case

(d) Maneka Gandhi Case

The correct answer is OPTION B
❖ I.C Golaknath case, the court declared that constitutional amendments were ordinary law and should
stand the test of Article 13 and said that no amendment could curtail the citizens’ fundamental rights.
Hence, any such amendment was automatically declared void.
❖ Kesavananda Bharati Case 1973
o Supreme Court overruled its judgment in Golakhnath Case (1967) and upheld 24th Amendment.
o Basic Structure Doctrine was laid down by SC.
o Parliament cannot alter basic structure of the Constitution.
o Parliament cannot take away FR that forms Basic Structure Doctrine.
❖ Minerva Mills Case 1980
o Judicial review is basic structure.
❖ Maneka Gandhi v. Union of India, was a landmark decision of the Supreme Court of India in which the
Court significantly expanded the interpretation of Article 21 of the Constitution.
 Q. Which of the following is not true of Article 32 of
the Indian Constitution (CDS12015)

(a) It gives the Supreme Court and the High Courts the power to
issue writs for the enforcement of Fundamental Rights

(b) It is included in Part III of the Indian Constitution and is

therefore itself a Fundamental Right

(c) Dr. Ambedkar called it the very soul of the Indian

Constitution

(d) An aggneved person has no right to complain under Article

32 where a Fundamental Right has not been violated
The correct answer is OPTION A

❖ ARTICLE 32: RIGHT TO CONSTITUTIONAL REMEDIES – part III of the constitution.

❖ Dr-B.R Ambedkar - Heart and Soul of the Constitution.
❖ Supreme Court - A Basic feature of the Constitution (cannot be taken away by way of Constitutional
amendment) - defender and guarantor of the FRs.
❖ It contains the following provisions:
o The right to move Supreme court (SC) for enforcement of Fundamental Rights (FRs)only.
o The SC shall have power to issue direction or orders or writs for enforcement of FRs. ---- SC & HC can
issue various writs under Article 32 & Article 226 respectively.
o Parliament can empower any other court to issue directions, orders or writs.

❖ High courts under art 226.

Which of the following Fundamental Rights is/are available to non-
citizens? [CDS #2015]

1. Equality before Law

2. Right against Discrimination
3. Equality of Opportunity
4. Protection of Life and Personal Liberty.
Select the correct answer using the code given below Codes:
(a) 1 only

(b) 1 and 4 only

(c) 1, 2 and 4

(d) 2 and 3
The correct answer is OPTION C
Which of the following fundamental rights as enshrined in the
Constitution of India belong only to the citizens? (CDS 2016)

1. Article 19 (Protection of right to freedom of speech)

2. Article 21 (Protection of life and personal liberty)

3. Article 15 (Prohibition of discrimination)

4. Article 16 (Equality of opportunity)

Select the correct answer using the code given below

(a) 1, 2 and 3

(b) 2, 3 and 4

(c) 1,3 and 4

(d) and 4 only

❖ The correct answer is OPTION 3
❖ Fundamental Rights available to only citizens and not foreigners.
o Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(Article 15).
o Equality of opportunity in matters of public employment (Article 16).
o Six basic freedoms subject to reasonable restrictions (Article 19).
o Protection of language, script, and culture of minorities (Article 29).
o Right of minorities to establish and administer educational institutions (Article 30)
❖ Article 21 of the Constitution [right to life and liberty] applies to all citizens, whether
Indian or foreign nationals. Their right to liberty could not be restrained by the police
due to a business dispute.
Q. Which one of the following fundamental rights has not been
provided to a person? (CAPF 2021)

(a) Protection against prosecution and punishment for the same offence
more than once

(b) To refuse to give his/her sample of handwriting as evidence to

support a prosecution against him/her

(c) To act as a witness against himself/herself

(d) Right not to be convicted of any offence except for violation of a law
in force at the time of commission of the act charged ae an offence
The correct answer is OPTION 2
ARTICLE 20 - PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES.
▪ Protection against arbitrary and excessive punishment to an accused person, Citizen, or foreigner or
legal person like a company or a corporation.
1. NO EX-POST FACTO LAW: punishment or prosecution not to be done retrospectively.
o Applicable only to criminal and not to civil laws.
2. NO DOUBLE JEOPARDY: No prosecuted or punishment for same offence more than once.
o Available only before a court of law or judicial tribunal i.e. for bodies which are judicial in
nature and not before departmental authorities.
3. NO SELF INCRIMINATION: No person shall be compelled to be a witness against himself [extends
to both oral and documentary evidence. Do not extend to civil proceedings].
Q. The Constitution of India does not guarantee which
one of the following as a fundamental Right?
(CAPF 2021)

(a) Right to equality

(b) Right against explotation

(c) Right to property

(d) Right to carry on trade and business

• The correct answer is Right to property.
• The right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act,
1978.
• It is made a legal right under Article 300-A in Part XII of the Constitution. So at present, there are
only six Fundamental Rights.
• Hence, the right to property is no longer a fundamental right, however, it is still a constitutional right
• Article 19 (1) (g) of Constitution of India provides Right to practice any profession or to carry on any
occupation, trade or business to all citizens .
• Right to Equality (Articles 14 - 18) The right to equality provides for the equal treatment of everyone
before the law, prevents discrimination on various grounds, treats everybody as equals in matters of
public employment, and abolishes untouchability, and titles.
• Article 23 forbids any form of exploitation. Also, one cannot be forced to engage in labour against
his/her will even if remuneration is given.
 Q. Which of the following does not relate to the Fundamental Rights as
enshrined in the Constitution of India? (CAPF 2014)
1. Free and compulsory education to all children of the age of 6-14 yr.

2. Prohibition of trafficking in human beings and forced labour.

3. Improvement of Public health and prohibition of intoxicating drinks.

4. Promotion of the educational and economic interests of the weaker sections of the
people, especially the Scheduled Castes and Scheduled Tribes.

Select the correct answer using the codes given below.

(a) 1 and 2

(b) 2 and 4

(c) 3 only

(d) 3 and 4
The correct answer is OPTION D.

FUNDAMENTAL RIGHTS
▪ Article 21A - Right to Education - Makes free and compulsory education a Fundamental Right for all
children in the age group of 6-14 years.- Added through 86th Constitutional Amendment Act, 2002.
▪ ARTICLE 23 - Prohibition Of Traffic In Human Beings And Forced Labour

DPSP
▪ Article 46 - Protection of SCs, STs and other weaker sections from exploitation.
▪ Article 47 -- Prohibit consumtion of intoxicating drinks and drugs.
Consider the following statements: (CAPF 2013)

1. While the Fundamental Rights constitute limitations on state action, the Directive Principles are in the nature of
instruments of instruction to the Government of the day to do certain things and to achieve certain goals by their
actions.

2. The Directive Principles, however, require to be implemented by legislations and so long as there is no law carrying out
the policy laid down in a directive principle, neither the state nor an individual can violate any existing law or legal rights
under the colour of getting a Directive.

3. The Directive Principles are enforceable in the courts and create justiciable rights in the favour of the individual.

Which of the statements given above is are correct

a) 1 and 3 only

b) 1,2 and 3

c) 1 and 2 only

d) 2 only
Option c is correct answer.
❖ Fundamental Rights are addressed in Articles 12-35 of the Indian Constitution.
❖ Part 4, Articles 36 to 51 of the Indian Constitution contains Directive Principles.
❖ The Directive Principles require to be implemented by legislation.
❖ Fundamental Rights are frequently viewed as limits placed on the government.
❖ The DPSP is not legally enforceable or justiciable.
❖ The DPSP enumerates all of the ideals that the government consider while creating
policies and implementing legislation for the country.
❖ Thus, The Fundamental Rights constitute limitations upon State.
Q. Right to Information is (CAPF 2011)

(a)Fundamental right

(b)Legal right

(c)Both fundamental right as well as legal right

(c)Neither fundamental right nor legal right

❖ The correct answer is Fundamental Rights.

Key Points
❖ RT or Right to Information Act is a fundamental right and is an aspect of
Article 19(1)(a) of the Indian Constitution.
❖ Right to Information replaced the Freedom of Information Act, 2002.
❖ RTI helps Indians receive information about the government in a systemic,
time- constrained, and hassle-free manner by enabling them to question
certain delays in projects and accounts of spending from the taxpayer's
money in various projects.
Q. Which one of the following is not a part of Fundamental Rights?
(NDA II 2021)

(a) Right to education

(b) Right to establish educational Institutions by minorities

(c) Right to be conferred with titles

(d) Right against untouchability

The correct answer is the OPTION C

❖ Article 18 of the Indian constitution talks about the Abolition of titles: Hence, Option C is

correct.

❖ Article 21A - Right to Education - Makes free and compulsory education a Fundamental Right

for all children in the age group of 6-14 years. Added through 86th Constitutional Amendment

Act, 2002.

❖ ARTICLE 17: ABOLITION OF UNTOUCHABILITY

❖ ARTICLE 30: RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL

INSTITUTIONS
Q. With reference to the writs issued by the Courts in India, consider the
following statements : (CSE 2022)
1.Mandamus will not lie against a private organization unless it is entrusted with a public duty.
2.Mandamus will not lie against a Company even though it may be a Government Company.
3Any public minded person can be a petitioner to move the Court to obtain the writ of Quo
Warranto.
Which of the statements given above are correct ?
(a)1 and only
(b)2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Option c is the correct answer.

❖ Statement 1 is correct: Mandamus is a command issued by the court to a public official asking him to
perform his official duties that he has failed or refused to perform. It can also be issued against any
public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It
is usually not usable against a private entity unless it is entrusted with a public duty.

❖ Statement 2 is incorrect: As explained above, Mandamus can be used against a government

corporation and/or company.

❖ Statement 3 is correct: Quo Warranto is issued by the court to enquire into the legality of the claim of
a person to a public office. Hence, it prevents illegal usurpation of public office by a person. Unlike the
other writs, this can be sought by any interested person and not necessarily by the aggrieved person.
Q. What is the position of the Right to Property In India?
(CSE 2021)

(al Legal right available to citizens only

(b) Legal right available to any person

(c) Fundamental Right available to citizens only

(d) Neither Fundamental Right nor legal Right

The correct answer is a Legal right available to any person.

❖ The property right was deleted from the list of Fundamental Rights by the 44thAmendment Act,

1978. It is made legal right under Article 300-A in Part XII of the Constitution. Hence, Option 2 is

correct.

❖ It is ensured that the removal of property from the list of fundamental rights would not affect the

right of minorities to establish and administer educational institutions of their choice.

❖ Article 300 A of the constitution of India says that a person shall not be deprived of his property save

by the authority of the law of the Lok Sabha.

 Q. A legislation which confers on the executive or administrative authority an
unguided and uncontrolled discretionary power in the matter of application of
law violates which one of the following Articles of the Constitution of India?
(CSE 2021)

[A] Article 14

[B] Article 28

[C] Article 32

[D] Article 44
Option a is correct.

❖ Article 14 of Indian Constitution says that the State shall not deny to any
person equality before the law or the equal protection of the laws within the
territory of India.

❖Option b is incorrect. Article 28 is related to the right to freedom of religion.

❖Option c is incorrect. Article 32 confers the right to remedies for the enforcement
of the fundamental rights of an aggrieved citizen.

❖Option d is incorrect. Article 44 provides for one of the Directive Principles of

State Policy. Article 44 says that the “State shall endeavour to secure for the
citizens a uniform civil code throughout the territory of India”.
 Q. ‘Right to Privacy’ is protected under which Article of the
Constitution of India? (CSE 2021)

[A] Article 15

[B] Article 19

[C] Article 21

[D] Article 29
Option c is correct.
The nine –judge Constitutional Bench of the Supreme Court in Justice K. S. Puttaswamy (Retd.) and Anr.
vs Union Of India And Ors (2017) has ruled that individual privacy is intrinsic to life and liberty and an
inherent part of the fundamental rights enshrined in the Article 21 of the Constitution.
What are the various features of Right to Privacy?
o Privacy is a constitutionally protected right emerging primarily from the guarantee of life and liberty in Article 21
of the Constitution.
o It includes the preservation of personal intimacies, sanctity of family life, marriage, procreation, the home and
sexual orientation.
o Privacy connotes a right to be left alone. It safeguards individual autonomy and recognizes one’s ability to control
vital aspects of his/her life.
o Privacy is not an absolute right, but any invasion must be based on legality, need and proportionality.
o Informational privacy is a facet of this right. Dangers to this can originate from both state and non-state actors.
Q. Which one of the following categories of Fundamental
Rights incorporates protection against untouchability as a
form of discrimination ? (CSE 2020)

(a) Right against Exploitation

(b) Right to Freedom

(c) Right to Constitutional Remedies

(d) Right to Equality

 Q. Other than the Fundamental Rights, which of the following parts of the
Constitution of India reflect/reflects the principles and provisions of the
Universal Declaration of Human Rights (1948) ? (CSE 2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
The Correct Answer is 1, 2 and 3.
❖ Universal Declaration of Human Rights was proclaimed under UNGA resolution 217 in Paris.
❖ It states that
o All human beings are born free and equal in dignity and rights.
o They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
❖ Article 3 of the Universal Declaration of Human Right States that
o Everyone has the right to life, liberty, and security of person.
❖ The Preamble of India also speaks about "EQUALITY of status and of opportunity; assuring the dignity of the
individual and the unity and integrity". Hence 1 is Correct.
❖ Article 22 of UHDR asserts that economic, social and cultural rights are indispensable for human dignity and
development of the human personality.
❖ Similar concepts are also present in the DPSP of Indian Constitution.
❖ Article 29 of the Universal Declaration of Human Rights mentions duties.
❖ A similar concept that was inserted in the Indian Constitution by the 42nd Constitutional Amendment Act, 1976 under
Part IV-A of the Constitution (Article 51A).
Which one of the following categories of Fundamental Rights
incorporates protection against untouchability as a form of
discrimination? (CSE 2020)

(a) Right against exploitation

(b) flight to freedom

(c) Right to constitutional remedies

(d) Right to equality

The correct answer is a OPTION D.
Q. Which Article of the Constitution of India safeguards one's
right to marry the person of one's choice? (CSE 2019)

(a)Article 19

(b)Article 21

(c)Article 25

(d)Article 29
The Correct Answer is Option 2 i.e. Article 21.
❖ In the Lata singh vs. state of Uttar Pradesh case ,the Supreme Court viewed the right to marry as a
component of right to life under Article 21 of Indian Constitution.
❖ Article 21 states that "No person shall be deprived of his life and personal liberty except according to
procedure established by law".
❖ Article 19 embodies the "basic freedoms" such as protection of certain rights regarding freedom of
speech, etc
❖ Article 25 says "all persons are equally entitled to freedom of conscience and the right to freely
profess, practice, and propagate religion subject to public order, morality and health.
❖ Article 29 of Indian Constitution grants protection to both religious minorities as well as linguistic
minorities.
Q. Which of the following are regarded as the main features of the
"Rule of Law" ? (CSE 2018)
1. Limitation of powers
2. Equality before law
3. People's responsibility to the Government
4. Liberty and civil rights
Select the correct answer using the code given below :
(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4
Answer.c
Explanation: The concept of rule of law is a very dynamic concept, capable of interpretations to enable the
successful working of a democracy. It is the restriction on the arbitrary exercise of power by subordinating it
to well-defined and established laws.
FEATURES OF THE MODERN MEANING OF RULE OF LAW
1. Certainty of the law
2. Supremacy of the law
3. Equality before the law
4. Right to personal freedom
5. Laws must not take retrospective effect
6. Independent judiciary
7. Protection of human rights
 Q. 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? (CSE 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
Answer -C
Explanation:
❖ Article 21 guarantees the Right to life and personal liberty under Part III of the Constitution.
❖ The historic fallout of the nine-judge Bench judgment, declaring privacy as intrinsic to life and liberty
and an inherent right protected by Part III of the Constitution, is that an ordinary man can now directly
approach the Supreme Court and the High Courts for violation of his fundamental right under the
Constitution.

❖ By making privacy an intrinsic part of life and liberty under Article 21, it is not just a citizen, but anyone,
whether an Indian national or not, can move the constitutional courts of the land under Articles 32 and
226, respectively, to get justice.
 Q. Which of the following provisions of the Constitution of India have a
bearing on Education? (CSE 2012)

1. Directive Principles of State Policy

2. Rural and Urban Local Bodies

3 Fifth Schedule

4. Sixth Schedule

5. Seventh Schedule

Select the correct answer using the codes given below

(a) 1 and 2 only

(b) 3 4 and only

(c) 1,2 and 5 only

(d) 1,2,3,4 and 5

The correct answer is 1, 2 and 5.
❖ Article 45- Provides for early childhood care and education below the age of six years. Hence statement 1 is correct.
❖ Under Schedule 11 of the constitution, the Panchayati raj institutions have allowed 29 subjects to work in their local
areas. Education is one of them. Similarly, Schedule 12 of the constitution provides for 18 subjects and education is
included here also. Hence statement 2 is correct.
❖ The seventh schedule of the constitution deals with the distribution of powers among states and centres via three lists i.e
State List, Center List and Concurrent List.
❖ 42nd amendment Act 1976 shifted below mentioned five subjects from the State list to Concurrent List:
o Education
o Forests
o Protection of wild animals and birds
o Weights and measures and
oAdministration of justice, constitution and organisation of all courts except the
Supreme Court and the High Courts.
Q. Supreme Court has held that hoisting the National Flag atop the private
buildings is a fundamental right of every citizen under
[West Bengal PSC (Pre) 2017] [BPSC (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

❖ The correct answer is Article 19 (1) (A) of the Constitution.
❖ The Supreme Court has held that hoisting the National Flag atop the private buildings is a
fundamental right of every citizen under Article 19 (1) (A) of the Constitution.
❖ Article 19(1)(a) of the Constitution of India guarantees to all its citizens the right to
freedom of speech and expression.
❖ The law states that "all citizens shall have the right to freedom of speech and expression".
❖ The freedom of speech under Article 19(1)(a) includes the right to express one's views and
opinions on any issue through any medium.
❖ E.g. by words of mouth, writing, printing, picture, film, movie etc.
❖ It thus includes the freedom of communication and the right to propagate or publish an
opinion.
Q. In which Part and Chapter of the Constitution was the Right
to Property inserted after being removed from Part III?
[HCS Prelims 2022]

(A) Part XI, Chapter IlI

(B) Part XII, Chapter IV

(C) Part XIV, Chapter I

(D) Part XI, Chapter I

The correct answer is a B
Key Points
❖ The property right was deleted from the list of Fundamental Rights by the 44thAmendment
Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution.
❖ It is not an exclusive legal right offered to citizens.
❖ Amendments for this purpose are made to article 19 and article 31 is deleted.
❖ It is ensured that the removal of property from the list of fundamental rights would not affect
the right of minorities to establish and administer educational institutions of their choice.
❖ The 44thAmendment Act, 1978 inserted Article 300A in a new chapter IV of Part a XIl of the
Constitution, thereby depriving the right to property of its fundamental right status.
❖ Article 300 A of the constitution of India says that a person shall not be deprived of his
property save by the authority of the law of the Lok Sabha.