Fundamental Rights (Art 12-35) — Set 14
Constitution Special · मूल अधिकार (अनु. 12-35) · Questions 131–140 of 200
Which Fundamental Right is available to both citizens and non-citizens in India?
Correct Answer: C. Article 21 - Right to life and personal liberty
Article 21 (Right to Life and Personal Liberty) is available to all persons in India — both citizens and non-citizens (foreigners/aliens). Similarly, Articles 14 (Right to Equality), 20, 22, 23, 24, 25-28 are also available to all persons. Articles 15, 16, 19, 29, 30 are available only to citizens. This distinction is important — the Constitution uses 'citizen' where the right is exclusive and 'person' where it is available to all.
The writ of 'Certiorari' is issued to?
Correct Answer: A. Lower courts and tribunals to transfer records and quash illegal orders
Certiorari (meaning 'to be certified' in Latin) is a writ issued by a higher court to a lower court or tribunal to transfer records of a case for review and to quash orders passed without jurisdiction or in excess of jurisdiction. It is issued after proceedings have been completed. The writ lies against judicial and quasi-judicial bodies. The Supreme Court under Article 32 and High Courts under Article 226 can issue this writ. It is also used to correct errors of law apparent on the face of the record.
Which Constitutional Amendment inserted the word 'Secular' in the Preamble of the Constitution?
Correct Answer: A. 42nd Amendment, 1976
The 42nd Constitutional Amendment Act, 1976, passed during the Emergency period under Prime Minister Indira Gandhi, inserted the words 'Socialist' and 'Secular' into the Preamble of the Constitution. Before this amendment, the Preamble described India as a 'Sovereign Democratic Republic'. After the amendment, it became 'Sovereign Socialist Secular Democratic Republic'. The word 'integrity' was also added to the Preamble by this amendment.
The Supreme Court directed the State to frame guidelines for protection of women from sexual harassment in which case?
Correct Answer: B. Vishaka v. State of Rajasthan
In Vishaka v. State of Rajasthan (1997), the Supreme Court, in the absence of enacted legislation, laid down Vishaka Guidelines for protection of working women from sexual harassment. The case arose from the gang rape of Bhanwari Devi, a social worker in Rajasthan. The court held that sexual harassment at workplace violates Articles 14, 15, 19(1)(g), and 21. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 replaced these guidelines.
Which Article of the Constitution enables High Courts to issue writs for enforcement of Fundamental Rights?
Correct Answer: B. Article 226
Article 226 confers power on every High Court to issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for enforcement of Fundamental Rights and for any other purpose. This power is broader than Article 32 (Supreme Court) which is limited only to enforcement of Fundamental Rights. High Courts can issue writs for any legal right, not just Fundamental Rights. Article 226 jurisdiction cannot be ousted by Parliament.
Under which Article can the President suspend the right to move the court for enforcement of Fundamental Rights during a National Emergency?
Correct Answer: D. Article 359
Article 359 empowers the President to suspend the right to move any court for the enforcement of fundamental rights (other than Articles 20 and 21) during a National Emergency. Article 358 automatically suspends Article 19 freedoms when a National Emergency is proclaimed due to war or external aggression. Even during Emergency, Articles 20 and 21 cannot be suspended as per the 44th Amendment. This was a lesson learned from the abuses of the 1975 Emergency.
Which amendment made it mandatory for Parliament to pass the declaration of National Emergency by a special majority?
Correct Answer: C. 44th Amendment
The 44th Constitutional Amendment Act, 1978 strengthened safeguards against the misuse of National Emergency powers. It changed the ground for proclamation from 'internal disturbance' to 'armed rebellion', required approval by a special majority (2/3 of members present and voting plus majority of total membership) within one month, and allowed revocation by simple majority of Lok Sabha. It also made Articles 20 and 21 non-suspendable during Emergency. These changes were a direct response to the misuse of Emergency powers in 1975-77.
Article 19(1)(b) guarantees the right to assemble peacefully. The restriction under Article 19(3) can be imposed on grounds of?
Correct Answer: A. Sovereignty and integrity of India, or public order
Article 19(3) allows the State to impose reasonable restrictions on the right to assemble peaceably (Article 19(1)(b)) only on the grounds of (i) sovereignty and integrity of India, or (ii) public order. The right requires the assembly to be peaceful and without arms. The state cannot impose restrictions on any other grounds. Section 144 CrPC allows a magistrate to prohibit unlawful assemblies in specific circumstances. The right does not include the right to hold meetings on government property.
The NALSA judgment of the Supreme Court (2014) recognized the constitutional rights of which community?
Correct Answer: C. Transgender persons
In National Legal Services Authority (NALSA) v. Union of India (2014), the Supreme Court recognized transgender persons as a 'third gender' and declared that their rights are protected under Articles 14, 15, 16, 19, and 21. The court directed the government to grant legal recognition to transgender identity and provide reservations in education and public employment. This judgment paved the way for the Transgender Persons (Protection of Rights) Act, 2019. The judgment is a landmark expansion of Fundamental Rights to LGBTQ+ persons.
Article 16(1) and 16(2) guarantee equality of opportunity in matters of public employment. Article 16(2) prohibits discrimination on which grounds?
Correct Answer: B. Religion, race, caste, sex, descent, place of birth, or residence
Article 16(2) prohibits discrimination in public employment on the grounds of religion, race, caste, sex, descent, place of birth, or residence. This article contains 'descent' and 'residence' as additional grounds compared to Article 15(2). Parliament by law can prescribe that residents of a state should be preferred in certain services. The residency requirement must be by an Act of Parliament, not by executive action. Article 16(4A) was added to provide for reservation in promotion for SC/ST.