Fundamental Rights (Art 12-35) — Set 6
Constitution Special · मूल अधिकार (अनु. 12-35) · Questions 51–60 of 200
The right to privacy was declared a Fundamental Right under Article 21 in which year?
Correct Answer: C. 2017
In 2017, a nine-judge constitutional bench in Justice K.S. Puttaswamy v. Union of India unanimously held that the right to privacy is a fundamental right under Article 21. The judgment overruled earlier decisions in M.P. Sharma and Kharak Singh cases. Privacy was recognised as intrinsic to life, liberty, and dignity. This landmark judgment has significant implications for data protection law in India.
Under which Article can the State make special provisions for women and children?
Correct Answer: B. Article 15(3)
Article 15(3) is an exception to the general rule of non-discrimination under Article 15(1) and allows the State to make special provisions for women and children. This provision has been used to justify reservations for women in educational institutions, protective labour legislation for women, and special welfare schemes for children. It reflects the Constitution's recognition that formal equality may not be sufficient to achieve substantive equality for women and children.
Kesavananda Bharati case (1973) is significant because it established?
Correct Answer: B. Basic Structure doctrine limiting Parliament's amending power
The Kesavananda Bharati vs State of Kerala (1973) case is one of the most significant constitutional cases in India. A 13-judge bench of the Supreme Court by a 7-6 majority held that while Parliament has the power to amend any provision of the Constitution under Article 368, it cannot amend the 'basic structure' or 'essential features' of the Constitution. These include supremacy of the Constitution, republican and democratic form of government, secularism, separation of powers, and judicial review.
Which Article gives citizens the right to move freely throughout India?
Correct Answer: B. Article 19(1)(d)
Article 19(1)(d) guarantees to all citizens the right to move freely throughout the territory of India. This right allows Indians to travel within the country without restrictions. Reasonable restrictions can be imposed on this right in the interest of the general public or for the protection of interests of any Scheduled Tribe under Article 19(5). States cannot impose restrictions on entry of citizens from other states except in the above cases.
Which writ is used to challenge the authority or qualification of a person to hold a public office?
Correct Answer: C. Quo Warranto
Quo Warranto (Latin for 'by what authority/warrant') is a writ issued by a court to challenge the right of a person to hold a public office. The court inquires by what authority the person claims to hold the office. If the court finds the claim invalid, it can disqualify the person from holding the office. This writ can be issued against public offices created by statute. It cannot be issued against a holder of a purely ministerial or private office.
Dr. B.R. Ambedkar called which Article the 'heart and soul of the Constitution'?
Correct Answer: D. Article 32
Dr. B.R. Ambedkar called Article 32 — the Right to Constitutional Remedies — the 'heart and soul of the Constitution.' Article 32 gives every person the right to directly approach the Supreme Court for enforcement of Fundamental Rights. Without Article 32, the other fundamental rights would be toothless as there would be no mechanism for enforcement. This right itself is a fundamental right and cannot be suspended except during a national emergency.
How many Fundamental Rights does the current Indian Constitution provide?
Correct Answer: B. 6
The Indian Constitution currently provides 6 Fundamental Rights: Right to Equality (Arts 14-18), Right to Freedom (Arts 19-22), Right Against Exploitation (Arts 23-24), Right to Freedom of Religion (Arts 25-28), Cultural and Educational Rights (Arts 29-30), and Right to Constitutional Remedies (Art 32). Earlier there were 7, including the Right to Property, which was removed by the 44th Amendment 1978. Understanding this constitutional provision is essential for competitive examinations and civic awareness.
Which Article of the Constitution provides for reservation of seats for SCs and STs in the Lok Sabha?
Correct Answer: A. Article 330
Article 330 provides for reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha in proportion to their population. This reservation was originally meant to last for 10 years from the commencement of the Constitution but has been extended repeatedly. The 95th Constitutional Amendment extended this reservation till 2020, and it has been extended further. This positive discrimination measure aims to ensure political representation of historically disadvantaged groups.
The 97th Constitutional Amendment 2011 added which right to Part III?
Correct Answer: A. Right to form cooperative societies
The 97th Constitutional Amendment Act, 2011 added the right to form cooperative societies to Article 19(1) of the Constitution. The amendment added clause (c) to Article 19(1) to include freedom to form cooperative societies. It also inserted Article 43B as a new Directive Principle regarding promotion of cooperative societies. This amendment recognized the importance of the cooperative sector in India's economy and aimed to give it constitutional status.
Which Article restricts Parliament from making any law that abridges Fundamental Rights?
Correct Answer: B. Article 13(2)
Article 13(2) declares that the State shall not make any law which takes away or abridges the rights conferred by Part III (Fundamental Rights), and any law made in contravention of Fundamental Rights shall be void to the extent of the contravention. This is the basis for judicial review of legislation in India - courts can strike down laws that violate Fundamental Rights. Article 13(1) also declares that pre-constitutional laws inconsistent with Fundamental Rights are void.