IMP.

POINTS
• Fundamental Rights are enshrined in Part III (described as the Magna Carta
of India) of the Constitution from Articles 12 to 35 ; derived inspiration from
the Constitution of USA (i.e., Bill of Rights).
• It contains a very long and comprehensive list of ‘justiciable’ Fundamental
Rights. In fact, the Fundamental Rights in our Constitution are more elaborate
than those found in the Constitution of any other country in the world,
including the USA.
• Fundamental Rights are meant for promoting the ideal of political
democracy.
• Protect the liberties and freedoms of the people against the invasion by the
State(operate as limitations on the tyranny of the executive and arbitrary laws
of the legislature)

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• Originally, the Constitution provided for seven Fundamental Rights viz,
1. Right to equality (Articles 14–18)
2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32)
However, the right to property was deleted from the list of Fundamental
Rights by the 44th Amendment Act, 1978. It is made a legal right under
Article 300-A in Part XII of the Constitution. So at present, there are only six
Fundamental Rights.

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• Some of them are available only to the citizens while others are available to
all persons whether citizens, foreigners or legal persons like corporations or
companies.
All other rights except Article- 15,16,19,29,30 are enjoyed by Aliens.
• However Enemy aliens do not enjoy protection against arrest and detention
(Article 22).
• They are not absolute but qualified. The state can impose reasonable
restrictions on them.
• They are justiciable, allowing persons to move the courts for their
enforcement, if and when they are violated. (ART. 32)
• They are not sacrosanct or permanent. The Parliament can curtail or repeal
them but only by a constitutional amendment act and not by an ordinary
act. Moreover, this can be done without affecting the ‘basic structure’ of
the Constitution.
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• They can be suspended during the operation of a National Emergency except
the rights guaranteed by Articles 20 and 21.
• Further, the six rights guaranteed by Article 19 can be suspended only when
emergency is declared on the grounds of war or external aggression (i.e.,
external emergency) and not on the ground of armed rebellion (i.e., internal
emergency).
• Their scope of operation is limited by Article 31A (saving of laws providing for
acquisition of estates, etc.), Article 31B (validation of certain acts and
regulations included in the 9th Schedule) and Article 31C (saving of laws giving
effect to certain directive principles).
• Their application to the members of armed forces, para-military forces, police
forces, intelligence agencies and analogous services can be restricted or
abrogated by the Parliament (Article 33).

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• Their application can be restricted while martial law is in force in any area.
Martial law means ‘military rule’ imposed under abnormal circumstances
to restore order (Article 34).
• Such laws can be made only by the Parliament and not by state legislatures
so that uniformity throughout the country is maintained (Article 35).

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1)Which one of the following categories of Fundamental Rights
incorporates protection against untouchability as a form of
discrimination?

(a) Right against Exploitation

(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality

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ANSWER - D

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2) Which one of the following statements is correct?

(a) Rights are claims of the State against the citizens.

(b) Rights are privileges which are not incorporated in the
Constitution of A State.
(c) Rights are claims of the citizens against the State.
(d) Rights are privileges of a few citizens against the many.

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ANSWER - C

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3) Which of the following are envisaged by the Right against Exploitation
in the Constitution of India?
1 Prohibition of traffic in human beings and forced labour
2 Abolition of untouchability
3 Protection of the interests of minorities
4 Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
(a)1, 2 and 4 only
(b)2, 3 and 4 only
(c)1 and 4 only
(d)1, 2, 3 and 4

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ANSWER - C

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4) Which of the following Fundamental Rights are guaranteed by the Indian
Constitution under the Right to Freedom?
1. Right to assemble peacefully
2. Right to form associations
3. Right to strike or effective bargaining
4. Right to life and personal liberty
Select the correct answer using the code given below.
(a) 1 and 2 only
(b) 4 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4

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ANSWER - C

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5) Which fundamental rights cannot be suspended even
during an emergency?

(a) Right to Speech

(b) Right to Religion
(c) Right to Equality
(d) Right to Life and Personal Liberty

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ANSWER - D

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6) Which of the following Article of the Indian Constitution
contains Fundamental Duties?

(a) 45 A
(b) 51 A
(c) 42
(d) 30B

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ANSWER - B

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7) Which of the following Articles of the Indian Constitution
contain the Right to Religious Freedom?

(a) Articles 25-28

(b) Articles 29-30
(c) Articles 32-35
(d) Articles 23-24

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ANSWER - A

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8) Which of the following Article of the Indian Constitution
guarantees ;Equality Before the Law and Equal Protection of Law
within the Territory of India?

(a) 15
(b) 14
(c) 17
(d) 18

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ANSWER - B

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9) Which of the following is/are the features of Fundamental Rights
guaranteed by the Indian Constitution?
1. They are absolute and sacrosanct.
2. They are available against the arbitrary action of state only.
3. They are enforceable only in the High Courts and the Supreme
Court.
Select the correct answer using the code given below.
(a) 3 only
(b) 1 and 3 only
(c) 1 and 2 only
(d) None of the above

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ANSWER - D

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10) Which Article of the Indian Constitution abolishes
Untouchability?

(a) Article 18
(b) Article 15
(c) Article 14
(d) Article 17

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ANSWER - D

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11) Which of the following is correct with respect to “Right Against
Exploitation”?

(a) Prohibition of traffic in human beings and forced labour

(b) Freedom as to payment of taxes for the promotion of any
particular religion
(c) Protection of interests of minorities
(d) Equality before the law

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ANSWER - A

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12) In which part of the Indian Constitution, the Fundamental
Rights are provided?

(a) Part II
(b) Part III
(c) Part V
(d) Part IV

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ANSWER - B

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13) Consider the following statements:
1. Rule of law states that society is governed by law and this
law applies equally to all persons.
2. Supremacy of the constitution cannot exist unless the
supremacy of the rule of law is established.
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

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ANSWER - C

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14) Which of the following comes under minorities; definition in
article 30?

(a) Religious minority only

(b) Linguistic minority only
(c) Religious and linguistic minorities only
(d) Religious, linguistic, and social minorities only

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ANSWER - C

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15) Originally, how many fundamental rights had in our constitution?

(a) 5
(b) 6
(c) 7
(d) 8

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ANSWER - C
• Originally, the Constitution provided for seven Fundamental Rights viz,
1. Right to equality (Articles 14–18)
2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32)
However, the right to property was deleted from the list of Fundamental
Rights by the 44th Amendment Act, 1978. It is made a legal right under
Article 300-A in Part XII of the Constitution. So at present, there are only six
Fundamental Rights.

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16) Consider the following statements regarding imposition of Martial Law:
1. Article 34 has defined the expression martial law in the Constitution.
2. It affects both Fundamental rights and center-state relations.
3. It suspends the government and ordinary law courts.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3

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ANSWER - C

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17)Consider the following statements regarding Article 32 of the Indian
Constitution.
1. Article 32 affirms the right to move the Supreme Court for the enforcement
of the rights conferred in Part III of the Indian Constitution.
2. The right guaranteed under Article 32 is absolute and shall not be suspended.
3. An individual approaching the High Court under Article 226 for the violation
of fundamental rights is itself a fundamental right.
Which of the above statements is/are incorrect?
(a) 1 only
(b) 1 and 3 only
(c) 1 and 2 only
(d) 3 only

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ANSWER - A

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18) Which part of the constitution is called the “Magna Carta” of
India?

(a) Part II
(b) Part III
(c) Part IV
(d) Part IV-A

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ANSWER - B

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19 ) Which one of the following is not true about Fundamental
Rights?

(a) Fundamental Rights are justiciable in nature.

(b) Fundamental rights in our constitution are more elaborated than
USA’s Fundamental rights
(c) Fundamental rights are meant for promoting the idea of social
and economic democracy.
(d) Fundamental rights are essential for the overall development
(material, intellectual, moral, and spiritual) of the individuals.

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ANSWER - C

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20) Freedom from payment of taxes for the promotion of
any religion is guaranteed under?

(a) Article 26
(b) Article 27
(c) Article 28
(d) Article 29

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ANSWER - B

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21) Fundamental rights derived inspiration from
which country‘s constitution?

(a) Canada
(b) The USA
(c) French
(d) the UK

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ANSWER - B

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22) Consider the following statements about Fundamental
Rights:
1. They are absolute in nature.
2. They are justiciable in nature.
3. They are sacrosanct and permanent.
Which of the statements given above is/are not correct?
(a) 1 & 3 only
(b) 2 and 3 only
(c) 2 only
(d) 1, 2 and 3

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ANSWER - A

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23) Which of the following rights/provisions are denied to the aliens in the
constitution of India?
1. Article 15
2. Article 22
3. Article 29
4. Right to contest for the membership of the state legislature.
Select the correct answer using the code given below:
(a) 1, 3 and 4 only
(b) 3 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4

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ANSWER - A

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24) The Article 12 of the constitution of India has defined the term State for
the purpose of Part III of the constitution. Which of the following
organization/institution comes under the definition of State?
1. Municipalities and Local bodies.
2. Central statistics Office.
3. ONGC and SAIL
4. Improvement trusts
5. Life Insurance Corporation
6. National commission for Schedule caste and schedule tribes.
Select the correct answer using the code given below:
(a) 1, 2, 4 and 6 only
(b) 2, 3 and 6 only
(c) 1, 3, 4 and 5 only
(d) 1, 2, 3, 4, 5 and 6
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ANSWER - D

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25) Which of the following fundamental right is available
both for Indian citizens and foreigners?

(a) Article 16
(b) Article 19
(c) Article 28
(d) Article 29

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ANSWER - C

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26) Where did the concept of “Equality before
the law” was originated?

(a) Britain
(b) The USA
(c) Japan
(d) France

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ANSWER - A

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