Q1. The provisions for Co-operative Societies can be found in which of the following areas of the Indian Constitution?

1. Fundamental Rights
2. Fundamental Duties
3. Directive Principles

Select the correct answer using the code given below

A. 1 Only
B. 2 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. C

Article 19(1)(c) of the Constitution under Part III (Fundamental Rights), states that all Citizens have the right to form
associations or unions or cooperative societies.

Article 43B of the Constitution under Part IV(Directive Principles), states that 'The state shall endeavour to promote
voluntary formation, autonomous functioning, democratic control and professional management of the cooperative
societies‘.

Q2. In India, Right to have access to the Internet is part of

1. Right to privacy
2. Right to education
3. Right to equality

Select the correct answer using the code given below

A. 1 and 2 Only
B. 1 Only
C. 2 and 3 Only
D. 1,2 and 3

Ans. A

The Kerala High Court has held that the right to have access to the Internet is part of the fundamental right to education
as well as the right to privacy under Article 21 of the Constitution.

Q3. With reference to the Right to property, consider the following statements :

1. The 44th Amendment Act of 1978 abolished the right to property as a Constitutional Right.
2. Right to property is not a part of basic structure of the constitution.
3. Citizen’s right to own private property is a human right.

Which of the statements given above is/are correct?

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. B
Statement 1 is incorrect : The 44th Amendment Act of 1978 abolished the right to property as a Fundamental Right by
repealing Article 19(1)(f) and Article 31 from Part III. Instead, the Act inserted a new Article 300A in Part XII under the
heading ‘Right to Property’. Thus the right to property still remains a legal right or a constitutional right, though no
longer a fundamental right.

Statement 2 is correct : It is not a part of the basic structure of the Constitution.

Statement 3 is correct : The Supreme Court has recently held that a citizen’s right to own private property is a human
right The case was of an 80-year-old woman whose 3.34 hectare land was forcibly taken by the Himachal Pradesh
Government in 1967, for constructing a road.

The Court used its extraordinary jurisdiction under Article 136 and Article 142 of the Constitution to direct the
government to pay the woman compensation of 1 crore rupees.

The state cannot take possession of it without following due procedure and authority of law.

Q4. Which of the following Fundamental rights available to both citizens & foreigners (except aliens)?

1. Freedom to manage religious affairs.

2. Right to elementary education
3. Equality before law and equal protection of laws.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 3 Only
C. 1 and 3 Only

D. 1,2 and 3

Ans. D

Fundamental rights available to both citizens & foreigners (except aliens) are :

• Equality before law and equal protection of laws (article 14).

• Protection in respect of conviction for offences (article20).

• Protection of life and personal liberty (article21).

• Right to elementary education (article 21A)

• Protection against arrest and detention in certain cases (article 22)

• Prohibition of traffic and human beings and forced labour (article 23).

• Prohibition of employment of children in factories etc (article 24).

• Freedom of conscience and free profession, practice and propagation of religion (article 25).

• Freedom to manage religious affairs (article 26).

• Freedom from payment of taxes for promotion of any religion (article 27).

• Freedom from attending religious instruction or worship in certain educational institutions (article 28).
Q5. Consider the following statements regarding Right to Education Act :

1. Right to Education Act makes education a fundamental right of every child, till the age of 14.
2. It requires all private schools to reserve 25% of seats to children.
3. India was the first country to make education a fundamental right.

Which of the statements given above is/are incorrect?

A. 1 and 2 Only
B. 3 Only
C. 1 and 3 Only

D. All of the above

Ans. C

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament
of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education
for children between 6 and 14 in India under Article 21a of the Indian Constitution.

India became one of 135 countries to make education a fundamental right of every child when the Act came into force
on 1 April 2010.

It requires all private schools to reserve 25% of seats to children (to be reimbursed by the state as part of the public-
private partnership plan).

Q6. Consider the following statements regarding Reservation in promotion in public posts:

1. State governments are not bound to make a reservation and have discretion in providing reservations.
2. Reservation in promotion in public posts cannot be claimed as a fundamental right.

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. C

The Supreme Court has recently ruled that the states are not bound to provide reservation in appointments and
promotions and that there is no fundamental right to reservation in promotions.

Articles 16 (4) and 16 (4A) of the Constitution does not confer individuals with a fundamental right to claim reservation
in promotion. It only empowers the State to make a reservation in matters of appointment and promotion in favour of
the Scheduled Castes and the Scheduled Tribes, only if in the opinion of the State they are not adequately represented
in the services of the State.

Q7. Consider the following statements :

1. Article 32 cannot be abridged or taken away even by way of an amendment to the Constitution.
2. Parliament can empower any court to issue writs of all kinds.

Which of the statements given above is/are correct?

 A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. A

Statement 1 is incorrect : The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it
cannot be abridged or taken away even by way of an amendment to the Constitution

Statement 2 is incorrect : Parliament can empower any other court to issue directions, orders and writs of all kinds.
However, this can be done without prejudice to the above powers conferred on the Supreme Court.

Any other court here does not include high courts because Article 226 has already conferred these powers on the high
courts.

Q8. Which of the following is enshrined as a part of fundamental rights in the Constitution of India?

1. The power of High Courts to issue Habeas Corpus

2. Right to Privacy
3. Right to Reservation

Select the correct answer using the code given below

A. 1 Only
B. 2 Only
C. 2 and 3 Only
D. 1,2 and 3

Ans. B

The power of Supreme Court to issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari for enforcement of fundamental rights is enshrined is part of fundamental rights itself under article 32(2). The
power of High Courts to issue such writs is under article 226 and not part of fundamental rights.

Privacy is a constitutionally protected right which emerges primarily from the guarantee of life and personal liberty in
Article 21 of the Constitution.

Recently, the Supreme Court of India has said that reservation of seats provided to certain communities is not a
fundamental right.

Q9. Which of the following right(s) is/are covered under the article 19 of the Constitution of India?

1. Right to Speedy Trial

2. Right to shelter
3. Right to livelihood
4. Right against custodial death

Select the correct answer using the code given below

A. 1,2 and 3 only

B. 2,3 and 4 only
C. 1,2,3 and 4
 D. None of the above

Ans. D

All of the above rights form part of the article 21 of right to life and personal liberty.

The expanded scope of Article 21 has been explained Unni Krishnan v. State of A.P.1993.

In the case the Supreme Court provided the list of some of the rights covered under Article 21:

The right to go abroad

The right to privacy

The right to education

The right against solitary confinement

The right against hand cuffing

The right against delayed execution

The right to shelter

Right to livelihood

Right to health and medical aid

The right against custodial death

The right against public hanging Doctors assistance

The right to speedy trial

Q10. Which of the following were objectives included in Karachi Resolution of Indian National Congress, 1931?

1. Religious neutrality on part of the state

2. Free primary education
3. Living wage for industrial workers

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 Only
C. 3 Only
D. 1,2 and 3

Ans. D

Karachi Resolution of 1931, included fundamental rights which protected civil liberties and the resolution put forward a
list of socio-economic principles/rights that the Indian state should adhere to. Some provisions under the resolution
were: Freedom of association and combination, freedom of speech and press, freedom of conscience and the free
profession and practice of religion, religious neutrality on part of the state, living wage for industrial workers, limited
hours of labour, healthy conditions of work, protection against the economic consequences of old age, sickness. and
unemployment, labour to be freed from serfdom or conditions bordering on serfdom, adult suffrage, free primary
education etc.
Q11. Consider the following statements :

1. Supreme Court has exclusive powers to issue writs for enforcement of fundamental rights under the
Constitution.
2. Parliament may by law empower any other court to issue writs within its jurisdiction.

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. B

The powers to issue writs for enforcement of fundamental rights is not exclusive to the Supreme Court, the High Courts
can also issue writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and
certiorari, or any of them, for the enforcement of any of the rights conferred by Part III as provided by Article 226(1) of
the constitution.

As per Article 32(3) “Parliament may by law empower any other court to exercise within the local limits of its jurisdiction
all or any of the powers exercisable by the Supreme Court under clause 32(2)”.

Q12. Which of the following case held that right to privacy is intrinsic to freedom of life & liberty?

A. Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors Case
B. S.R. Bommai case
C. D. C. Wadhwa v. State of Bihar
D. Keshavananda Bharti v State of Kerala

Ans. A

Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors Case 2017 held that right to privacy is intrinsic to
freedom of life & liberty (Article 21) and an inherent part of the fundamental rights enshrined in Part III of the
Constitution.

The judgment mentions a proportionality test for state intervention in the right to privacy:

i. The state action must be sanctioned by law.

ii. There must be a legitimate aim for action.

iii. Action must be proportionate to the need for such interference.

iv. It must be subject to procedural guarantees against abuse of the power to interfere.

Q13. With reference to usage of titles, consider the following statements

1. Military or academic distinctions awarded by the State can be used as titles.

2. Use of Padma awards as prefix or suffix violates Right to Equality.

Which of the statements given above is/are correct?

 A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. C

The Supreme Court has held that non-military awards by way of recognition of merit of extraordinary work are not titles
of nobility and hence do not violate Article 14 or article 18 provided, they are not used as titles for prefixes suffixes to
the time to the name of the awardee.

Q14. With reference to the fundamental rights, consider the following statements :

1. Right to protest is explicitly guaranteed as a fundamental right under the Constitution of India.
2. As per Constitution, any law made by the State which abridges the Fundamental Rights and Directive Principles
of State Policy shall be void.

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. D

The right to protest in not explicitly mentioned under the constitution. It is derived from the right to free speech and
expression [19(1) (a)]; and right to assemble peacefully without arms [19(1) (b)].

The protection against the laws by Parliament is not provided to Directive Principles as it is explicitly provided to
Fundamental Rights under Article 13.

Article 13(2) state that the State shall not make any law which takes away or abridges the rights conferred by this Part
and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Q15. Which of the following right(s) is/are guaranteed by the Constitution as fundamental rights?

1. Right to practice and propagate religion

2. Right to convert religion of people
3. Right to own and acquire movable and immovable property for religious and charitable purposes

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. C

Article 25(1) states that subject to public order, morality and health and to the other provisions of this Part, all persons
are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
Article 26 states that subject to public order, morality and health, every religious denomination or any section thereof
shall have the right— -to establish and maintain institutions for religious and charitable purposes;

-to manage its own affairs in matters of religion;

-to own and acquire movable and immovable property; and -to administer such property in accordance with law.

In the case of Stanislaus vs State of Madhya Pradesh (1977), the court made a clear distinction between the right to
propagate one's religion or faith and the right to convert. Court ruled that former is guaranteed by Article 25 of
Constitution. Conversion enjoys no such protection.

Q16. As per the Constitution, which of the following is/are basis for reasonable restrictions on the right to form
associations or trade unions?

1. The security of the State

2. Friendly relations with foreign States
3. Violation of Public order

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 3 Only
D. 1,2 and 3

Ans. D

Right to Protest is protected under Article 19(1) (a), Article 19(1) (b) and Article 19(1) (c) of the Indian Constitution.

Article 19(1) (a) guarantees the freedom of speech and expression;

Article 19(1) (b) assures citizens the right to assemble peaceably and without arms.

Article 19(1) (c) assures right to form associations or trade unions

Reasonable restrictions: However, like other fundamental rights, right to protest is also not absolute and also subject to
reasonable restrictions mentioned under Article 19(2) and 19(3) on the following grounds;

1. In the interests of the sovereignty & integrity of India,

2. The security of the State,

3. Friendly relations with foreign States,

4. Violation of Public order,

5. Decency or morality or in relation to Contempt of court, defamation or incitement of an offence

Q17. With reference to the Fundamental Rights under the Indian Constitution, consider the following statements:

1. They are protected and enforced by the Constitution.

2. They can be amended by a simple majority.
3. The Supreme Court is the guardian of Fundamental Rights.

Select the correct answer using the code given below

 A. 1 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. C

The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. The Fundamental Rights are
guaranteed by the Constitution to all persons without any discrimination. The Fundamental Rights are named so
because they are guaranteed and protected by the Constitution, which is the fundamental law of the land

Any changes to the fundamental rights require a constitutional amendment that should be passed by both the Houses of
Parliament. The amendment bill should be passed by a special majority of Parliament.

They are defended and guaranteed by the Supreme Court. The aggrieved person can directly go to the Supreme Court,
not necessarily by way of appeal against the judgement of the high courts. Article 32 and 224, Writs of five types are
testimony to this. Hence, SC act as the guardian of the Fundamental Rights.

Q18. Consider the following statements :

1. freedom of speech and expression and the right to carry on trade or business using the Internet are
constitutionally protected.
2. Right to religion can be constrained if in case of Public health emergency.

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. C

The Supreme Court declared that the fundamental right to freedom of speech and expression and the right to carry on
trade or business using the Internet are constitutionally protected. The Information Technology Act, 2000, the Criminal
Procedure Code (CrPC), 1973 and the Telegraph Act, 1885 are the three laws that deal with suspension of Internet
services.

Right to religion is subject to public order, morality, health and other provisions relating to fundamental rights.

Q19. Right to Bail in India is a:

1. Fundamental Right
2. Statutory Right
3. Natural Right

Which of the following statements is correct?

A. 1 and 2 Only
B. 2 Only
C. 1 and 3 Only
D. 1,2 and 3
Ans. A

Article 21 of the Constitution provides us the right to life and liberty. Such right guarantees everyone in the territory of
India, life with all the freedom to enjoy one’s life and liberty. But, the refusal of the right to bail or demanding the
amount that a person is unable to pay is said to be an infringement of article 21 of the Constitution.

Q20. Which of the following rights can be enforced under Article 32 of the Constitution?

1. Right against solitary confinement

2. Right against delayed execution
3. Right to Reservation
4. Right to vote

Select the correct answer using the code given below

A. 1 and 2 Only
B. 3 and 4 only
C. 1,3 and 4 Only
D. None of the above

Ans. A

Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right
like non-fundamental constitutional rights, statutory rights, and customary rights and so on.

Right against solitary confinement and Right against delayed execution are fundamental rights under Article 21 of the
Constitution.

Recently, the Supreme Court of India has said that reservation of seats provided to certain communities is not a
fundamental right.

Right to Vote is a constitutional right.

Q21. With reference to the Right to internet, consider the following statements :

1. Right to internet is a constitutional right.

2. Restrictions on Right to Internet could not be in exercise of arbitrary powers
3. Suspension of internet services indefinitely is a violation of telecom rules.

Which of the statements given above is/are correct?

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. D

Right to internet is a fundamental right (subject to reasonable restrictions) included in the freedom of expression under
Article 19 of the Indian Constitution.

Restrictions on fundamental rights could not be in exercise of arbitrary powers. These freedoms could only be restricted
as a last resort if “relevant factors” have been considered and no other options are there.
Suspension of internet services indefinitely is also a violation of telecom rules.

Q22. With reference to the Right to Protest, consider the following statements :

1. Public places cannot be occupied indefinitely for protests.

2. The right to protest peacefully is guaranteed by the Constitution of India.

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. C

Supreme Court upheld that the right to peaceful protest against a law but made it unequivocally clear that public ways
and public spaces cannot be occupied, and that too indefinitely.

Articles 19(1)(a) and 19(1)(b) give to all citizens the right to freedom of speech and expression, and to assemble
peaceably and without arms.

Q23. Which of the following Articles of Indian Constitution allows the Parliament to modify the fundamental rights of
the armed forces personnel?

A. Article 13
B. Article 31
C. Article 33
D. Article 20

Ans. C

Article 33 and 34 empower the Parliament to restrict, modify or abrogate the fundamental rights to the members of
armed forces, para-military forces, police forces, members of intelligence agencies or similar services. The above power
of modification, restricting the fundamental rights, is available only with parliament and not state legislatures.

Q24. Which of the following is correct about the Fundamental Rights enumerated in the Indian Constitution?

1. The Right to be defended by a legal practitioner is available in case of preventive detention.

2. A person can be prosecuted and punished for the same offence more than once.

Select the correct answer using the code given below

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. D

The Right to consult and be defended by a legal practitioner is not available to a person detained under a preventive
detention law.
The Fundamental Rights enumerated in the constitution do not allow double jeopardy. No person shall be prosecuted
and punish for the same offence more than once.

Q25. On which of the following grounds restrictions can be imposed on the Right to Freedom of Movement?

1. Interests of the general public

2. Protection of interests of any scheduled tribe
3. National Emergency

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. A

Right to Freedom of movement is guaranteed under Article 19 of the Indian Constitution. It entitles every citizen to
move freely throughout the territory of the country.

Restrictions on this freedom can only be imposed on two grounds which are mentioned in the Article 19 of the
constitution itself, namely, the interests of the general public and the protection of interests of any scheduled tribe.

Q26 The Right to education is a fundamental right emanating from right to:

A. Equality before law and equal protection of law

B. Freedom of speech and expression
C. Life and personal liberty
D. Culture and education

Ans. C

The Right to education is a fundamental right emanating from right to Life and personal liberty under Article 21 of the
Constitution.

The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free
and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a
manner as the State may, by law, determine

Q27. Which of the following articles of the constitution are designed to prevent exploitation of men by men?

1. Article 19
2. Article 23
3. Article 24

Select the correct answer using the code given below

A. 1 Only
B. 2 and 3 Only
C. 3 Only
D. 1,2 and 3
Ans. B

The Rights against Exploitation is provided under Articles 23 and 24 of the Constitution of India. Article 23 and Article 24
of the constitution are designed to prevent exploitation of men by men.

Rights under Article 19 is protected against only state action and not private individuals. Article 19 of the Constitution
provides the Right to practice any profession or to carry on any occupation, trade or business.

Q28. Right to adequate means of livelihood is a

A. fundamental right under Article 21 of the Constitution

B. Fundamental right under Article 19 of the Constitution
C. Fundamental Right under Article 39 of the Constitution
D. None of the above

Ans. D

Right to adequate means of livelihood is not a fundamental right, it is DPSP.

Article 39 : Right to adequate means of livelihood for all citizens

Q29. With reference to the right against untouchability, consider the following statements :

1. The term ‘untouchability’ has not been defined in the Constitution of India.
2. This is a fundamental right available against individuals.
3. A person convicted of the offence of ‘untouchability’ is disqualified for election to the Parliament or state
legislature.

Which of the statements given above is/are correct?

A. 1 and 2 Only
B. 2 Only
C. 3 Only
D. 1,2 and 3

Ans. D

Abolition of untouchability has been included among fundamental rights under article 17. This is one of the few
fundamental rights available against individuals. To make untouchability law further strong, parliament passed
Untouchability (offences) Act in 1955 which came into force 1st June 1955.

This act was further amended and renamed in 1976 as Protection of Civil Rights Act, 1955. This act lays down that
whatever is open to general public should be open to the members of the scheduled castes. No shopkeeper can refuse
to sell them;no person may refuse to render any service to any person on the ground of untouchability. The act made
provision for imprisonment and fine.

A person convicted of the offence of ‘untouchability’ is disqualified for election to the Parliament or state legislature.

Q30. Consider the following statements :

1. The right to remedies for the enforcement of the fundamental is a legal right in India
 2. An aggrieved person has the right to move the Supreme Court by appropriate proceedings for the enforcement
of the Fundamental Rights guaranteed by the Constitution

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. B

The Article 32 of the Constitution confers the right to remedies for the enforcement of the fundamental rights of an
aggrieved citizen. It is the right to get the Fundamental Rights protected and it is in itself a fundamental right.

This an effective machinery for the enforcement of Fundamental Rights, if and when they are violated. An aggrieved
person has the right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental
Rights guaranteed by the Constitution.

Q31. Which of the following listed fundamental rights are provided to dalits to attain self-respect and self-dignity?

1. Equality before Law & Equal Protection of Law

2. Right to freedom of religion
3. Right against Exploitation
4. Right to Constitutional Remedies.

Select the correct answer using the code given below

A. 1,2 and 3 only

B. 2,3 and 4 only
C. 1 and 4 only
D. 1,2,3 and 4

Ans. D

Equality before Law & Equal Protection of Law: It protects everyone irrespective of his/her caste, religion, gender, etc.

Right to freedom of religion: It's not related with rights of Dalit people, rather it relates religious freedom of every
individual and every community.

Right against Exploitation: It protects them against forced labour, slavery, inhumane treatment, etc. Right to
Constitutional Remedies: This helps in guaranteeing any fundamental right for any citizen. So Dalits automatically get
benefited.

Q32. What are the important reasons to separate state from religion?

1. To prevent the tyranny of the majority group on the minorities.

2. To uphold the Fundamental Rights & Fundamental Duties.
3. To provide religious freedom to every individual.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 1 and 3 Only
 C. 3 Only
D. 1,2 and 3

Ans. B

As state has nothing to do with religion, it will not hesitate to take actions against any religious group dominating over
others.

State has the responsibility to uphold fundamental rights not duties. Being secular, rights of all religious groups
especially minorities are bound to be protected by state.

Every individual should have right to choose his own religion, profess it and also propagate it. This also ensure right to
get converted into another religion

Q33. Which of the following is not mentioned in the Right Against Exploitation of the Fundamental rights?

A. Human trafficking
B. Untouchability
C. Child as Industrial Worker
D. Forced labour

Ans. B

Article 23 deals with the prohibition of traffic in human beings and forced labour.

Article 24 deals with prohibition of employment of children in factories, etc.

Q34. Which of the following are the violations of Fundamental Rights?

1. People in a village are unable to access safe drinking water and safe environment.
2. People in a village are unable to avail unskilled employment.
3. A christian community is not allowed to carry on missionary activities.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. C

People in a village are unable to access safe drinking water and safe environment. This is violation of Right to Life (Article
21).Supreme court too has same verdict.

People in a village are unable to avail unskilled employment. This is a violation of Right to Work (MNREGA Act). It is a
legal right not a fundamental right.

A Christian community is not allowed to carry on missionary activities. This is a violation Right to Freedom of Religion
(Article 25). They are allowed to propagate provided they don’t violate other laws or rules.

Q35. In the context of the constitution of India, consider the following statements:
 1. Most of the fundamental Rights are claimed against the state.
2. All the Fundamental Rights are constitutional Rights
3. All the Constitutional Rights are as guaranteed as fundamental rights.

Which of the statements given above is/are correct?

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. A

Most of the Fundamental Rights are negative obligations on the state. It is the duty of the state to protect them.

All the fundamental rights are mentioned in the constitution and some rights are inferred from them as fundamental
right. Only fundamental rights are guaranteed rights.

Rights from other provisions of the constitution like DPSP are not as guaranteed as fundamental right.

Q36. Which of the following statements is/are correct about Fundamental Rights?

1. Fundamental Rights provide protection against arbitrary executive and legislative actions.
2. Many of these rights are self-executory in nature.
3. All these rights are absolutely guaranteed at all the times.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 3 Only
C. 2 and 3 Only
D. 1,2 and 3

Ans. A

Fundamental Rights: Arbitrary executive and legislative actions cannot restrict Fundamental Rights. Many of the do not
require legislation for their enforcement. Fundamental Rights are not available absolutely, they can be suspended.

Q37. Which of the following are the essential conditions to avail all the Fundamental Rights?

1. Aadhar Card
2. Citizenship
3. Born in India

Select the correct answer using the code given below

A. 2 Only
B. 3 Only
C. 1,2 and 3
D. None of the above

Ans. D

Fundamental rights apply universally to all citizens, irrespective of race, birthplace, religion, caste, sexual orientation,
gender or gender identity.
Some of these Rights are available for non-citizens as well like Article 14, 21.

Q38. Consider the following statements:

1. Both, fundamental rights as well as rights emanating from other parts of the constitution are remedial, in case of
violation.
2. The rights which are not fundamental rights cannot have constitutional remedy under Article 32, in case of their
violation.

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. C

In case of violation of Fundamental Rights, remedy can be sought under Article 32. But, otherwise, remedy can be
sought by an ordinary suit in courts.

Q39. “The state shall provide free and compulsory education to all children of the age of 6 to 14 years”.

The above right is

1. Fundamental Right
2. Constitutional Right
3. Statutory Right

Select the correct answer using the code given below

A. 1 Only
B. 1 and 2 Only
C. 2 and 3 Only
D. 1,2 and 3

Ans. D

Right to Education is provided both under Article 21A well Right to Education Act, 2009.

All the Fundamental Rights are constitutional Rights

Q40. Which of the following is/are specifically mentioned in Part III?

1. adequate means of livelihood for all.

2. village panchayats as units of local-self government.
3. prohibition of intoxicants.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 3 Only
 D. None of the above

Ans. D

All of the above are specifically mentioned in Part IV of the Constitution.

Article 39 (a) : Right to adequate means of livelihood for all citizens

Article 48 : Organise agriculture and animal husbandry on modern and scientific lines

Article 47 : Prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Q41. Which of the following judgements/ amendments restored the precedence of Fundamental Rights over most of
the Directive Principles?

A. Keshavanand Bharti Judgement 1973

B. 44th Constitutional Amendment Act 1978
C. Minerva Mills Judgement 1980
D. 86th Constitutional Amendment Act 2002

Ans. C

In Minerva Mills case, the Supreme Court restored the status of priority of Fundamental Rights over Directive Principles
except Article 39(b) and (c).

Q42. “They should be interpreted harmoniously as they are complementary and supplementary to each other.”

The above statement as per judgements of the Supreme Court pertains to:

A. Fundamental Rights and Directive Principles

B. Directive Principles and Fundamental Duties
C. Fundamental Duties and Fundamental Rights
D. None of the above

Ans. A

The Fundamental right represents the civil and political rights and the directive principles embody social and economic
rights. Merely because the directive principles are non-justiciable by the judicial process does not mean that they are of
subordinate importance.

The fundamental rights and directive principles constitute the “conscience of the constitution” there is no antithesis
between the fundamental rights and directive principles and one supplements the other.

Q43. Which among the following have been described as Conscience of the Constitution?

1. Preamble
2. Fundamental Rights
3. Fundamental Duties
4. Directive Principles

Select the correct answer using the code given below

A. 1,2 and 3 only

 B. 2 and 4 only
C. 1,3 and 4 Only
D. 1,2,3 and 4

Ans. B

The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of
the Constitution. Granville Austin has described the Directive Principles and the Fundamental Rights as the, 'Conscience
of the Constitution‘.

Q44. Which of the following is/are violation of Fundamental rights?

1. A farmer sells his farm and starts a business

2. A person refuses to believe in any religion
3. A person inherits property from his parents

Select the correct answer using the code given below

A. 1 and 2 Only
B. 1,2 and 3
C. None of the above
D. 3 Only

Ans. C

None of the above is a violation of fundamental rights.

A farmer sells his farm and starts a business - It is an exercise of the Right to freedom to practice any profession, or to
carry on any occupation, trade or business.

A person refuses to believe in any religion - It is an exercise of the Right to Freedom of Religion.

A person inherits property from his parents - It is not a fundamental right.

Q45. Which of the following statements is correct?

A. President's rule has no effect on Fundamental Rights like Martial law

B. National Emergency has no effect on Fundamental Rights like President’s rule
C. Both National Emergency and Martial law has an effect on the Fundamental Rights.
D. President's rule and National emergency has an effect on Fundamental Rights

Ans. C

President's rule has no effect on Fundamental Rights whereas National Emergency and Martial Rule have.

When a National Emergency is declared, the Fundamental Rights under Article 19 are automatically suspended and this
suspension continues till the end of the emergency.

Q46. Which of the following gives effect to the objective of the Preamble to secure for all its citizen equality, liberty and
justice?

A. Fundamental Rights
B. Directive Principles of State Policy
 C. Fundamental Duties
D. Power of Judicial Review

Ans. A

The Preamble to our Constitution talks about securing for all its citizens equality, liberty and justice.

Fundamental Rights put this promise into effect. They are an important basic feature of India‘s Constitution.

Q47. What are the similarities between Fundamental Rights and Legal Rights?

1. Both can be amended

2. Both are protected by the Constitution
3. Both are absolute.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 Only
D. None of the above

Ans. C

Ordinary legal rights are protected and enforced by ordinary law, while Fundamental Rights are protected and
guaranteed by the constitution of the country.

Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only
be changed by amending the Constitution itself.

Besides this, no organ of the government can act in a manner that violates them. However, legal rights and fundamental
rights are not absolute or unlimited rights.

Q48. Which of the following are affected by the Martial law?

1. Fundamental Rights
2. Centre State Relation
3. Government

Select the correct answer using the code given below

A. 1 Only
B. 1 and 3 Only
C. 2 and 3 Only
D. 1,2 and 3

Ans. B

Martial Law don't affects Centre- State relations.

During the operation of martial law, the military authorities are vested with abnormal powers to take all necessary
steps. They impose restrictions and regulations on the rights of the civilians, can punish the civilians and even condemn
them to death.
It refers to a situation where civil administration is run by the military authorities according to their own rules. It thus
implies the suspension of ordinary law and the government. It is imposed in some specific area of the country.

Q49. Which of the following expressions are defined in the Constitution of India?

1. Martial law
2. Untouchability
3. State

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 Only
C. 3 Only
D. None of the above

Ans. C

The expression Martial law and Untouchability has not been defined anywhere in the constitution.

According to Article 12 of the Constitution of India, the term ‘State’ can be used to denote the union and state
governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under
the control of the Indian government

Q50. Which of the following part of the Constitution mentions the doctrine of the 'basic structure' of the Constitution?

A. Preamble
B. Fundamental Rights
C. Directive Principles of State Policy
D. None of the above

Ans. D

The doctrine of 'basic structure‘ is a judicial innovation. It finds no mention in the Constitution.

Q51. Which of the following parts of the constitution is/are justiciable in nature?

1. Directive Principle of State Policy

2. Fundamental Duties
3. Fundamental Rights

Select the correct answer using the code given below

A. 1 and 2 Only
B. 3 Only
C. 2 Only
D. 1,2 and 3

Ans. B
The Fundamental rights are justiciable in nature. They are enforceable by the courts for their violation. The aggrieved
person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition,
certiorari and quo warranto for the restoration of his rights.

Q52. Which of the following provisions of the Indian Constitution secures the term 'Justice' present in the Preamble?

1. Fundamental Rights
2. Directive Principles of the State Policy
3. Judicial Review

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

Ans. A

The term justice in the Preamble embraces three distinct forms social, economic and political, secured through various
provisions of Fundamental Rights and Directive Principles.

Q53. Consider the following statements about the Fundamental Rights:

1. The Fundamental Rights are meant for promoting the ideal of social and economic democracy.
2. They protect the liberties and freedoms of the people against the invasion by the State.
3. They aim at establishing a government of men.

Which of the statements given above is/are correct?

A. 1 and 2 Only
B. 2 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. B

The Fundamental Rights are meant for promoting the ideal of political democracy. DPSPs aim at promoting the social
and economic democracy.

They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and
freedoms of the people against the invasion by the State.

They aim at establishing a government of laws and not of men.

Q54. In which of the following conditions the state legislature is not empowered to make laws?

1. Indemnifying any government servant or any other person for any act done during the operation of martial law
in any area
2. Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc
3. Indemnifying any government servant or any other person for any act done during the operation of martial law
in any area
Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 1,2 and 3
D. None of the above

Ans. C

Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in
the Parliament and not in the state legislatures. In this direction, Article 35 contains the following provisions:

The Parliament shall have (and the legislature of a state shall not have) power to make laws with respect to the
following matters:

(a) Prescribing residence as a condition for certain employments or appointments in a state or union territory or local
authority or other authority (Article 16).

(b) Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all
kinds for the enforcement of fundamental rights (Article 32).

(c) Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc.
(Article 33).

(d) Indemnifying any government servant or any other person for any act done during the operation of martial law in
any area (Article 34).

Q55. The Menaka Gandhi case (1978) is famously known for

A. Wider interpretation of the Article 21

B. Judicious rebalancing of fundamental rights and directive principles
C. Evolution of the rarest of rare doctrine
D. Making the decision of presiding officer in relation to anti defection subject to judicial review.

Ans. A

In the Menaka case (1978), the Supreme Court overruled its judgement in the Gopalan case by taking a wider
interpretation of the Article 21.

Judgement

The right to life and personal liberty under Article 21 reads: ‘No person shall be deprived of his life or personal liberty
except according to procedure established by law”.

Q56. Consider the following statements :

1. The Supreme Court can issue writs for any other purpose other than Fundamental rights.
2. Supreme court can refuse to exercise its writ jurisdiction.

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
 D. Neither 1 nor 2

Ans. D

The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a high court can issue writs
not only for the enforcement of Fundamental Rights but also for any other purpose.

A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court cannot refuse to exercise its
writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to
exercise its writ jurisdiction.

Q57. Which of the following are the similarities between Fundamental Duties and Fundamental Rights?

1. Both can be enforced through writ jurisdiction.

2. Both are part of the Constitution since its adoption.
3. They are applicable to citizens of India.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 Only
C. 3 Only
D. None of the above

Ans. C

Fundamental Duties can be enforced through law, but not through writ jurisdiction.

Fundamental Duties are applicable only to citizens of India while fundamental rights are extended to foreigners also.

(Remember : In statement 3 Only citizen is not mentioned)

42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th Amendment Act 2002 later
added 11th Fundamental Duty to the list. Swaran Singh Committee in 1976 recommended Fundamental Duties, the
necessity of which was felt during the internal emergency of 1975-77

Q57. Consider the following statements regarding Fundamental rights :

1. Article 359 is confined to Fundamental Rights under the Article 19 and 21 only
2. Article 358 extends to all those Fundamental Rights whose enforcement is suspended by President.

Which of the statements given above is/are correct?

A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2

Ans. D

Article 358 is confined to Fundamental Rights under the Article 19 only, whereas Article 359 extends to all those
Fundamental Rights whose enforcement is suspended by President.
Q58. What is the common between Article 15 and Article 19 of the Constitution?

A. Both are available only to citizens

B. Both are available to foreigners also.
C. Both aim to promote equality in the society.
D. Both are absolute

Ans. A

Articles 15, 16, 19, 29 and 30 are available only to citizens.

Article 15 provides that no citizen shall be discriminated on grounds only of religion, race, caste, sex or place of birth.

Article 19 says: "Everyone has the right to freedom of opinion and expression, this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any media and regardless
of frontiers."

The rights are not absolute but qualified. The state can impose reasonable restrictions on them, however, the
reasonability of the restrictions is decided by the courts.

Q59. That the State should “raise the level of nutrition and the standard of living and to improve public health” is a
provision under :

A. Fundamental right
B. Directive Principle of State policy
C. Fundamental Duty
D. Legal rights

Ans. B

Right to Health is not included as an explicit fundamental right in the Indian Constitution. Most provisions related to
health are under DPSP.

Article 38 says that the state will secure a social order for the promotion of welfare of the people. Providing affordable
healthcare is one of the ways to promote welfare. Article 39(e) calls the state to make sure that health and strength of
workers, men and women, and the tender age of children are not abused.

• Article 41 imposes duty on state to provide public assistance in cases of unemployment, old age, sickness and
disablement etc.

• Article 42 makes provision to protect the health of infant and mother by maternity benefit.

Q60. Supreme Court in the year 2010 had prohibited compulsory brain mapping, narco-analysis and lie detector tests
citing them as unconstitutional. Which Fundamental right of the citizens do they violate?

A. Rights under Article 19

B. Rights under Article 20
C. Rights under Article 21
D. Rights under Article 14

Ans. B

In a major setback to investigating agencies, the Supreme Court (SC) in 2010 had ruled compulsory brain mapping,
narco-analysis and lie detector tests as unconstitutional as they violate individual rights.
They held that compelling public interest cannot justify the dilution of constitutional rights such as the “right against
self-incrimination” under Article 20. Article 20(3) of the constitution says ‘No person accused of any offence shall be
compelled to be a witness against himself’. In this regard, Nacro tests, lie detector tests etc violate the fundamental
rights of an individual.

Q61. Freedom of speech and expression includes which of the following?

1. Right against tapping of telephonic conversation.

2. Right to demonstration or picketing.
3. Right to propagate one’s views as well as views of others.
4. Right to know about government activities.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 1,2 and 3 only
C. 3 and 4 only
D. 1,2,3 and 4

Ans. D

Freedom of Speech and Expression It implies that every citizen has the right to express his views, opinions, belief and
convictions freely by word of mouth, writing, printing, picturing or in any other manner. The Supreme Court held that
the freedom of speech and expression includes the following:

(a) Right to propagate one’s views as well as views of others.

(b) Freedom of the press.

(c) Freedom of commercial advertisements.

(d) Right against tapping of telephonic conversation.

(e) Right to telecast, that is, government has no monopoly on electronic media.

(f) Right against bundh called by a political party or organisation.

(g) Right to know about government activities.

(h) Freedom of silence.

(i) Right against imposition of pre-censorship on a newspaper.

(j) Right to demonstration or picketing but not right to strike

Q62. Under Article 12 of the Indian Constitution, which of the following bodies come under the definition of ‘State’?

1. Advocate General
2. LIC
3. District Boards

Select the correct answer using the code given below

A. 1 Only
 B. 2 Only
C. 1,2 and 3

D. None of the above

Ans. C

Article 12 has defined the term ‘State’ for the purposes of Part III. According to it, the State includes the following:

i) The Government and the Parliament of India, that is, the Executive and the Legislative organs of the Union
Government.

ii) The Government and Legislature of States, that is, the Executive and the Legislative organs of the State Government.

iii) All local authorities i.e. Municipalities, Panchayats, District Boards, Improvement Trusts, etc. This provision is also
given in Entry 5; List II of the 7th Schedule to the Indian Constitution.

iv) All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc. The Board of Directors of
a Central Public Sector Enterprises (CPSE) exercise delegated powers subject to broad policy guidelines issued by the
Government.

Q63. Which of the following provisions of Indian Constitution has been borrowed from US Constitution?

1. Fundamental Rights
2. Equal Protection of the laws
3. Suspension of Fundamental Rights during Emergency.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. A

Weimar Constitution of Germany - Suspension of Fundamental Rights during Emergency.

US Constitution - Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of the President,
Removal of the Supreme Court and High Court judges and post of the Vice-President.

Equal protection of the laws owes its origin to American Constitution. It is a more positive concept, implying the right to
equality of treatment in equal circumstances. It means that among equals, the law should be equal and equally
administered, that equals should be treated alike, both in the privileges conferred and liabilities imposed. Equal law
should be applied to all persons who are similarly placed, and there should be no discrimination between one person
and another

Q64. Which of the following functional right is applicable only to the citizens of India?

A. Freedom from attending religious instruction or worship in certain educational institutions

B. Right to elementary education
C. Freedom of conscience and free profession, practice and propagation of religion
D. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Ans. D

Fundamental Rights available only to citizens are:

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).

Equality of opportunity in matters of public employment (Article 16).

Protection of six rights regarding freedom of : (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v)
residence, and (vi) profession (Article 19)

Protection of language, script and culture of minorities (Article 29).

Right of minorities to establish and administer educational institutions (Article 30)

All others FR are available to both citizens and foreigners alike, except enemy aliens.

Q65. Fundamental Rights are guaranteed and protected by the :

A. Constitution of India
B. People of India
C. Parliament
D. President of India

Ans. A

The Fundamental Rights are named so because they are guaranteed and protected by the Constitution of India. They are
most essential for the all-round development of citizens i.e. material, intellectual, moral and spiritual.

Q66. Which of the following Fundamental Rights are subjected to certain restrictions?

1. Abolition of Untouchability
2. Protection of life and liberty
3. Abolition of Untouchability

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 3 Only
D. 1,2 and 3

Ans. A

There is no reasonable restriction on abolition of untouchability. Abolition of untouchability has been included among
fundamental rights under article 17. This is one of the few fundamental rights available against individuals

Q67. Article 13 of the Indian Constitution says, any “law” which is inconsistent with any of the fundamental rights shall
be void. Which of the following is not included under the definition of law, in this context?

A. Order
B. Regulations
C. Constitutional Amendment
 D. Customs and usage having force of law

Ans. C

According to Article 13(3) (a) Law includes any Ordinance, Order, Bye-law, Regulation, Notification, Custom and usage in
the territory of India having force of law.

Art 13(4): Nothing in this article applies to constitutional amendment made under art: 368. And, also the Supreme Court
in Keshwanand Bharti Case held that Constitutional Amendment doesn‟t constitute law.

Q68. Which of the following made the demand for Fundamental Rights for the first time?

A. Jinnah’s 14 point report

B. Nehru Report in 1928
C. Congress resolution in 1885
D. Congress Resolution in 1931

Ans. B

During our freedom struggle, the leaders of the freedom movement had realized the importance of rights and
demanded that the British rulers should respect rights of the people. The Motilal Nehru committee had demanded a bill
of rights as far back as in 1928. It was therefore, natural that when India became independent and the Constitution was
being prepared.

Q69. Under Fundamental Rights, Indian Constitution has provided Freedom of Faith and Worship.Which of the following
statements are correct regarding this?

1. A person may choose any religion or may choose not to follow any religion.
2. It provides the freedom to profess, follow and propagate any religion.
3. It inhibits the government to interfere in any religious matter.

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. A

In India, everyone is free to choose a religion and practice that religion. Freedom of religion also includes the freedom of
conscience. This means that a person may choose any religion or may choose not to follow any religion.

Freedom of religion includes the freedom to profess, follow and propagate any religion. Freedom of religion is subject to
certain limitations.

The government can impose restrictions on the practice of freedom of religion in order to protect public order, morality
and health. This means that the freedom of religion is not an unlimited right. The government can interfere in religious
matters for rooting out certain social evils. For example in the past, the government has taken steps banning practices
like sati, bigamy or human sacrif i ce. Such restrictions cannot be opposed in the name of interference in right to
freedom of religion.
Q70. Which of the following provisions of the Fundamental Rights ensure civic equality?

1. Abolition of titles
2. Elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage.
3. Equality before the law

Select the correct answer using the code given below

A. 1 and 2 Only
B. 2 and 3 Only
C. 1 and 3 Only
D. 1,2 and 3

Ans. C

Elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage (Article 326) is not a
fundamental right.

The following provisions of the chapter on Fundamental Rights ensure civic equality:

(a) Equality before the law (Article 14).

(b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).

(c) Equality of opportunity in matters of public employment (Article 16).

(d) Abolition of untouchability (Article 17).

(e) Abolition of titles (Article 18)

Q71. Identify correct statement vis-a-vis the writ jurisdiction of courts in cases related to the fundamental rights of the
personnel belonging to the armed forces.

A. The writ jurisdiction of the High courts is excluded automatically.

B. The writ jurisdiction of the High court remains unless taken away by the law of Parliament.
C. The writ jurisdiction of the High court remains unless taken away by the law of the state legislature.
D. The jurisdiction of the High court depends on the order passed by the court martial.

Ans. B

Article 33 empowers the parliament to determine the jurisdiction of the Courts by an act of Parliament.

Parliament has enacted the Army Act, the navy act etc.

Q72. The High Courts of India have been empowered by the Constitution to issue writs against violation of:

1. Fundamental Rights
2. Ordinary legal rights
3. Directive Principles of State Policy

Select the correct answer using the code given below:

A. 1 Only
B. 1 and 2 Only
C. 2 and 3 Only
 D. 1,2 and 3

Ans. B

While the Supreme Court can issue writs only for the enforcement of Fundamental rights, the High Courts can issue
writs for any purpose (ie. enforcement of ordinary legal right), including Fundamental Rights.

DPSPs are not justiciable, hence, High Court writs shall not apply, unless DPSP is backed by a law.

Q73. The writ of mandamus cannot be issued against :

1. Private individual
2. Chief Minister of a state
3. President of India
4. Chief Justice of High Court

Select the correct answer using the code given below

A. 2 and 3 only
B. 1,3 and 4 Only
C. 1 Only
D. 1,2,3 and 4

Ans. B

Mandamus s a command issued by the court to a public official asking him/her to perform his/her official duties that
he/she has failed or refused to perform.

• It can be issued against any public or semipublic authority, a corporation, an inferior court, a tribunal or government.

However, the writ of mandamus cannot be issued

(a) against a private individual or body

(b) when the duty is discretionary and not mandatory

(c) to enforce departmental instruction that does not possess statutory force (ie. official duty must be a statutory
requirement)

(d) against the President of India or the state governors; and

(e) against the Chief Justice of a High Court acting in judicial capacity.

Q74. Under the Constitution of India, the power to issue a writ of Habeas Corpus is vested in-

A. The District Courts

B. The High Courts only
C. The Supreme Court only
D. Both the High Courts and the Supreme Court

Ans. D

Under the constitution of India, the power to issue a writ of Habeas Corpus is vested in both the High Courts and the
Supreme Court.
Q75. Which of the following writs can be issued against private individual as well as public authority?

1. Habeas-Corpus
2. Mandamus
3. Prohibition

Select the correct answer using the codes given below:

A. 1 Only
B. 2 Only
C. 2 and 3 Only
D. None of the above

Ans. A

Writ of Habeas Corpus can be issued against private individuals as well as public authority. While other writs like
Mandamus, Prohibition and Certiorari can be issued only against public authorities.