π Chapter 05 Β· Previous Year Questions
Fundamental Rights β Previous Year Questions
10 actual questions from UPSC, APPSC, and TGPSC previous year papers with detailed answers.
π‘ Tip: Fundamental Rights is one of the highest-weightage topics. These questions repeat frequently across exams.
π Note: Questions sourced from UPSC Civil Services Prelims, APPSC Group 1 & 2, and TGPSC Group 1 & 2 previous papers.
π 10 Previous Year Questions
With reference to the Fundamental Rights, which of the following statements is correct?
1. Article 20 cannot be suspended even during a National Emergency.
2. Article 21 cannot be suspended even during a National Emergency.
3. Article 19 is automatically suspended during a National Emergency.
1. Article 20 cannot be suspended even during a National Emergency.
2. Article 21 cannot be suspended even during a National Emergency.
3. Article 19 is automatically suspended during a National Emergency.
A) 1 and 2 only
B) 2 and 3 only
C) 1, 2 and 3
D) 1 and 3 only
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Answer: C) 1, 2 and 3All three statements are correct. The 44th Amendment (1978) provided that Articles 20 and 21 cannot be suspended even during National Emergency. Article 19 is automatically suspended when a National Emergency is proclaimed on grounds of war or external aggression.
Which of the following writs is issued to prevent an inferior court from exceeding its jurisdiction?
A) Habeas Corpus
B) Mandamus
C) Prohibition
D) Quo Warranto
β
Answer: C) ProhibitionThe writ of Prohibition is issued by a superior court to an inferior court to prevent it from exceeding its jurisdiction. It is preventive in nature. Certiorari is curative β it quashes an order already made by an inferior court.
The Kesavananda Bharati case (1973) is significant because:
A) It held that Parliament cannot amend Fundamental Rights
B) It established the basic structure doctrine
C) It gave primacy to DPSP over Fundamental Rights
D) It removed the Right to Property from Fundamental Rights
β
Answer: B) It established the basic structure doctrineIn Kesavananda Bharati v. State of Kerala (1973), the Supreme Court established the basic structure doctrine β Parliament can amend the Constitution but cannot destroy its basic structure. This overruled the Golaknath case (1967).
Article 21A of the Indian Constitution provides for:
A) Right to life and personal liberty
B) Right to free and compulsory education for children aged 6-14 years
C) Right to constitutional remedies
D) Right against exploitation
β
Answer: B) Right to free and compulsory education for children aged 6-14 yearsArticle 21A was added by the 86th Amendment (2002). It provides free and compulsory education to all children aged 6 to 14 years. The Right to Education Act (RTE Act), 2009 gives effect to this provision.
Which of the following is NOT a ground for restricting the freedom of speech and expression under Article 19(2)?
A) Security of the State
B) Public order
C) Protection of Scheduled Tribes
D) Contempt of court
β
Answer: C) Protection of Scheduled TribesProtection of Scheduled Tribes is NOT a ground for restricting freedom of speech under Article 19(2). The grounds under Article 19(2) are: sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence.
Article 17 of the Indian Constitution abolishes untouchability. Which of the following statements about Article 17 is correct?
A) It is available only to citizens
B) It has exceptions for religious practices
C) It operates against both State and private individuals
D) It can be suspended during National Emergency
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Answer: C) It operates against both State and private individualsArticle 17 is one of the few Fundamental Rights that operates against private individuals too. It is an absolute right with no exceptions. The Protection of Civil Rights Act, 1955 and the SC/ST (Prevention of Atrocities) Act, 1989 give effect to Article 17.
The difference between Article 32 and Article 226 is that:
A) Article 32 has wider scope than Article 226
B) Article 226 has wider scope than Article 32
C) Both have the same scope
D) Article 32 can be invoked for any legal right
β
Answer: B) Article 226 has wider scope than Article 32Article 226 (High Court) has wider scope β it can be invoked for enforcement of any legal right, not just Fundamental Rights. Article 32 (Supreme Court) can only be invoked for enforcement of Fundamental Rights. However, Article 32 is itself a Fundamental Right, while Article 226 is a constitutional power.
In the Indra Sawhney case (1992), the Supreme Court held that total reservation in public employment should not exceed:
A) 40%
B) 50%
C) 60%
D) 33%
β
Answer: B) 50%In Indra Sawhney v. Union of India (1992) β the Mandal Commission case β the Supreme Court upheld 27% reservation for OBCs but capped total reservation at 50%. It also introduced the concept of “creamy layer” exclusion for OBC reservation.
The Vishaka guidelines (1997) were related to:
A) Protection of environment
B) Rights of minorities
C) Prevention of sexual harassment at workplace
D) Rights of bonded labourers
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Answer: C) Prevention of sexual harassment at workplaceIn Vishaka v. State of Rajasthan (1997), the Supreme Court laid down guidelines for prevention of sexual harassment at workplace. The Court held that sexual harassment violates Articles 14, 19, and 21. These guidelines were later replaced by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
Article 20(3) of the Indian Constitution provides protection against:
A) Ex-post-facto laws
B) Double jeopardy
C) Self-incrimination
D) Arbitrary arrest
β
Answer: C) Self-incriminationArticle 20(3) provides that no person accused of any offence shall be compelled to be a witness against himself β this is the protection against self-incrimination. Article 20(1) protects against ex-post-facto laws, and Article 20(2) protects against double jeopardy.