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1. Which of the following Fundamental Rights is available to persons?

A. Article 15 B. Article 19
C. Article 21 D. All of above
2. Which amendment abrogated right to property from Part-III of the constitution?
A. 41st B. 42nd
C. 43rd D. 44th
3. Under which of the following Articles, the court can issue writs for horizontal application of Fundamental Rights?
A. Article 32 B. Article 226
C. Article 227 D. Both a and b
4. Which of the following statement is not true?
A. Freedom over airwaves is integral to the Fundamental B. Government of India Act, 1935 was against the
right of speech and expression. affirmation of Fundamental Rights.
C. Enforcement of FR is considered as an individual v.
D. All are true
State conflict.
5. Which of the following statement is true?
A. All Fundamental Rights are negative in nature B. All Fundamental rights are positive in Nature
C. There are some Fundamental rights which are positive, D. There is no such thing as positive or negative
while others are negative. Fundamental rights.
6. Magna Carta, which is believed to be the first enforceable document to provide Fundamental Rights, was enacted in
which country?
A. France B. England
C. Portugal D. Netherlands
7. In which case, Supreme Court held that Right to life does not include right to die?
A. Maneka Gandhi v. Union of India B. State of Maharashtra v. Maruti Sripati
C. AK Gopalan v. Union of India D. None of the above
8. In which case it was initially held that Article 14, 19 and 21 form a golden triangle?
A. Minerva Mills v. UOI B. Keshvananda Bharati v. UOI
C. Maneka Gandhi v. UOI D. M Nagaraj v. UOI
9. Can Fundamental Rights be enforceable against the Courts?
A. Yes B. No
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C. Yes, but only on non-judicial functions. D. Yes, but only on Munsif courts.
10. Which of the following can suspend a Fundamental right?
A. National emergency B. Act passed by Parliament
C. Judicial decision by Supreme Court D. Amendment to the constitution
11. Which of the following is a fundamental duty as per Constitution of India?

I. to uphold and protect the sovereignty, unity and integrity of India

II. to value and preserve the rich heritage of our composite culture

III. to safeguard public property and to abjure violence

IV. To join defence forces of India

A. I, II and III B. II, III
C. I and III D. I and II
12. The fundamental duties serve as a reminder to ________________________.
B. The citizens of their duty towards their society, fellow
A. The Judiciary to provide justice
citizens and the nation
C. The state to make laws D. All of the above
13. Which of the following word appear first in Preamble?
A. JUSTICE B. EQUALITY
C. LIBERTY D. FRATERNITY
14. The Preamble of the constitution of India is applicable on __________________.
A. Those who reside within the territory of India B. All persons
C. All citizens residing within the territory of india D. All citizens
15. Which one of the following statement is incorrect with regards to Fundamental Duties?
B. Fundamental duties are incorporated in the constitution
A. There are 11 fundamental duties.
in the year 1976
C. Fundamental duties are justiciable in nature. D. All of the above statements are incorrect.
16. In which of the following case it was held that Preamble is not the part of constitution?
A. DK Basu Vs. State of West Bengal B. Re Berubari union case
C. R.S. Nayak Vs. A .R. Antulay D. Keshwananda Bharati Vs State of Kerala
17. On the recommendation of which of the following commission, the fundamental duties were introduced?
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A. Raja ram Committee B. Swarn Singh committee

C. Khusro Committee D. Sarkaria Commission
18. Which one of the following word didn’t find a place in the Preamble of Indian Constitution?
A. Sovereignty B. Integrity
C. Justice D. Morality
19. The text of preamble of Indian Constitution aims to secure____________
A. Fundamental Rights to all citizens B. Safety to the courts
C. Dignity of the individual & unity and integrity of the
D. Fundamental duties to all the people
nation
20. Which of the following statement serves the purpose of Preamble?
A. Preamble indicates the source from which constitution B. Preamble contains the enacting clause which brings
comes, viz, the people of India. into force the constitution.
C. Preamble declares the great rights and freedoms which
the people of india intended to secure to all citizens and
D. All of the above
the basic type of government and polity which has to be
established.
21. Right to education was inserted as Fundamental Right through which amendment?
A. 84th B. 85th
C. 86th D. 87th
22. Which of the following authorities has the right to decide which Fundamental rights can apply to members of armed
forces?
A. President B. Parliament
C. Armed Forces themselves D. Armed forces tribunal
23. Which of the following educational institution does not fall under the Right to education?
A. Government schools B. Private Schools
C. Madarsa D. Government schools funded by Private Funds
24. Which of the following Articles enable the Madarsas in India to remain out of purview of Right to education?
A. Article 27 B. Article 28
C. Article 29 D. Article 30
25. Which amendment accorded the precedence of DPSP over Fundamental right?
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A. 25th B. 42nd
C. 44th D. 64th
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Solutions
1. C
Sol. * Article 21 (Right to life and personal liberty) as a Fundamental right is available to every
person irrespective of the fact that they are citizen of India or not.

* Other Fundamental rights that are available to persons are: Article 14, 20, 21A, 22, 23, 24,
25, 26, 27 and 28.

* A person includes ‘citizens’ as well as ‘foreigners’ within its ambit.

2. D
Sol.
* 44th constitutional amendment, 1978, deleted Articles 19(1) (f) and Article 31 from part 3 of
the constitution.

* The right was later inserted in Article 300A in Chapter IV of part XII of the constitution,
thereby depriving it of its status of Fundamental Right.

* Now ‘Right to property’ is only a constitutional right but not a fundamental right.

3. B
Sol. * In terms of scope of writs, Article 226 confers wider powers on High Courts than what Article
32 confers on Supreme Court.

* SC can only issue writs against government authorities under Article 32 (vertical application).

* However, the HC under Article 226 can issue writs to private persons as well, provided that
they are performing a function of public importance (horizontal application).

4. C
Sol. * The Fundamental rights are primarily for the protection of individuals against the state. But
this should not be seen as individual v. state conflict.

* The state itself is a means for the realization of rights of the individual and the state can
guarantee those rights.
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5. C
Sol.

* Positive rights are those which confer certain privileges to a person. Eg: Article 25-28.
Unless violated, the state need not take any steps/measures.

* Negative rights are those which place an obligation or limitation on the part of the state. Eg:
Article 14. It provides an obligation on state to ensure equality.

6. B
Sol.

* Magna Carta was the first legally enforceable fundamental rights document.

* It was a list of rights extracted from King John by the people of England in 1214 AD.

7. D
Sol.

* The SC in the case of Gyan Kaur v. State of Punjab held that Right to life under Article 21
does not include right to die.

* The ratio was in contradiction to the judgement in the case of P Rathinam, wherein it was
held that Right to life also includes right to die.

8. C
Sol.

* It was held by SC in the case of Maneka Gandhi v. UOI and was reiterated in the case of
Minerva Mills.

* The SC said that these articles constitute the basic structure and thus cannot be amended.

9. C
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Sol.

* Fundamental rights can be enforced against the courts only when the court is performing
functions other than judicial functions.

* If any court within territory of India violates a Fundamental right while performing judicial
functions, it cannot be enforced.

10. A
Sol.

* FR can be suspended only during times of emergency.

* Even during emergency Right to life and liberty cannot be suspended.

11. A
Sol. * The fundamental duties were added by the 42nd Amendment Act of the Constitution in 1976.

* Fundamental duties are enshrined in Article 51A.

* Article 51A(c) says to uphold and protect the sovereignty, unity and integrity of India

* Article 51A(f) says to value and preserve the rich heritage of our composite culture

* Article 51A(i) says to safeguard public property and to abjure violence

12. B
Sol. * The fundamental duties intended to serve as a reminder to every citizen that while the
constitution specifically conferred on them certain fundamental rights, it also requires citizens
to observe certain basic norms of democratic conduct and democratic behavior.

* Fundamental duties are applicable only to citizens and not to the aliens.

* India borrowed the concept of Fundamental Duties from the USSR.

13. A
Sol. * The Preamble sets out the main objective which the legislation is intended to achieve.
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* The Objective which the preamble secures to every citizen are: JUSTICE, LIBERTY,
EQUALITY and FRATERNITY

14. D
Sol. * It secures justice, liberty, equality to all citizens of India and promotes fraternity amongst the
people.

* The Objective which the preamble secures to every citizen are: JUSTICE, LIBERTY,
EQUALITY and FRATERNITY

15. C
Sol.
* Fundamental duties were introduced in the constitution by the 42nd amendmentin the year
1976.

* Prior to 2002 there were 10 fundamental duties but in 2002, 86th constitutional amendment
was introduced and added one more fundamental duty.

* Fundamental duties are non-justiciable i.e. they cannot be enforced in the court of law.

16. B
Sol. * In Re Berubari union, it was held that preamble was not the part of constitution and therefore
it could never be regarded as a source of any substantive powers.

* However in KeshvanandaBharatiVs. State of Kerala, the SC rejected the views in

REBerubari union an d held that Preamble is the part of the constitution.

17. B
Sol. * Swaran Singh Committee in 1976 recommended Fundamental Duties to be added in the
constitution.

* Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not
all were included in the Constitution. Those duties recommended by the committee which
were not accepted were:
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i. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal

to observe any of the duties.

ii. The punishments/penalties decided by the Parliament shall not be called in question in any
court on the ground of infringement of any of Fundamental Rights or on the ground of
repugnancy to any other provision of the Constitution.

iii. Duty to pay taxes.

18. D
Sol. * The Preamble of Indian constitution include following words:

i. SOVEREIGN

ii. SOCIALIST

iii. SECULAR

iv. DEMOCRATIC

v. REPUBLIC

vi. LIBERTY

vii. JUSTICE

viii. EQUALITY

ix. FRATERNITY

19. C
Sol. * The Preamble to the Constitution of India is a brief introductory statement that sets out
guidelines, which guide the people of the nation, and to present the principles of the
Constitution, and to indicate the source from which the document derives its authority, and
meaning.

* The preamble itself reveals that the preamble aims to secure dignity of the individual and
unity and integrity of the nation.
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20. D
Sol. * The Preamble serves the following purpose:

i. It indicates the source from which constitution comes, viz, the people of india.

ii. It contains the enacting clause which brings into force the constitution.

iii. It declares the great rights and freedoms which the people of india intended to secure to all
citizens and the basic type of government and polity which has to be established.

21. C
Sol.

* 86th amendment made right to education a Fundamental Right under Right to lIfe.

* This amendment inserted Article 21A into the constitution and was introduced in 2002.

22. B
Sol.

* The Fundamental rights available to armed forces are subject to restrictions imposed by the
legislation enacted by the parliament.

* The parliament can do so by powers conferred to it under Article 33 of Constitution of India.

23. C
Sol.

* Madarsa is a school run by minority institutions which is used to propagate and teach the
Islamic religion to students.

* As, in ordinary schools, a specific religion centered studies cannot be taught, Madarsa does
not fall under the ambit of Right to Education.

24. D
Sol.
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* According to Article 30, minorities are free to establish and administer educational institutions
of their own and manage them as per their choices and preferences.

* Madarsas are set up in exercise of fundamental right enshrined in Article 30 of the

constitution; therefore this Article enables them to remain out of the ambit of Right to
Education.

25. B
Sol.

* 42nd amendment is also known as mini constitution because it brought an extremely large
number of changes to the constitution that changed the face of the constitution.

* Indira Gandhi sought to make India a socialistic country and tried to do so by giving DPSP
priority over Fundamental right. The same was annulled by Supreme Court in the judgment of
Minerva Mills