Indian Constitution Mock Test (100 Questions): Fundamental Rights & Duties for UPSC/PSC Exams

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Prepare for your competitive exams with this comprehensive mock test. This test features 100 multiple-choice questions focused on the most important topics of Indian Polity: Fundamental Rights and Fundamental Duties. It is designed for aspirants of UPSC Civil Services, State PSC, SSC, and other government exams. Each question comes with a detailed explanation to help you understand the concepts clearly and revise effectively. Test your knowledge, identify your weak areas, and boost your confidence for the actual exam.

Result:
1
Which part of the Indian Constitution contains the Fundamental Rights?
Part II
Part III
Part IV
Part IVA
Explanation: The Fundamental Rights are enshrined in Part III of the Indian Constitution, covering Articles 12 to 35.
2
The concept of Fundamental Rights in the Indian Constitution was inspired by the constitution of which country?
United Kingdom (UK)
Canada
USA
USSR
Explanation: The framers of the Constitution drew inspiration for these rights from the Constitution of the USA, specifically its Bill of Rights.
3
How many Fundamental Rights were originally provided in the Constitution?
Six
Seven
Eight
Five
Explanation: Originally, the Constitution provided for seven Fundamental Rights. The Right to Property was later removed.
4
The Right to Property was removed from the list of Fundamental Rights by which amendment?
42nd Amendment Act, 1976
86th Amendment Act, 2002
44th Amendment Act, 1978
61st Amendment Act, 1989
Explanation: The Right to Property (Article 31) was removed from the list of Fundamental Rights by the 44th Amendment Act of 1978.
5
Currently, the Right to Property is a legal right under which article?
Article 32
Article 31
Article 19(1)(f)
Article 300-A
Explanation: The Right to Property was made a legal right under Article 300-A in Part XII of the Constitution.
6
Article 14 guarantees 'Equality before Law' and 'Equal Protection of Laws'. The concept of 'Equal Protection of Laws' was taken from which constitution?
American Constitution
British Constitution
Canadian Constitution
Irish Constitution
Explanation: The concept of 'Equal Protection of Laws' was taken from the American Constitution, implying equality of treatment in equal circumstances.
7
Article 15 prohibits discrimination on grounds only of religion, race, caste, sex, or _________. Fill in the blank.
Residence
Place of birth
Descent
Occupation
Explanation: Article 15 prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, or place of birth.
8
Which article of the Constitution abolishes 'Untouchability'?
Article 16
Article 18
Article 17
Article 15
Explanation: Article 17 abolishes 'untouchability' and forbids its practice in any form.
9
Which of the following is NOT one of the six freedoms guaranteed under Article 19?
Freedom of speech and expression.
Freedom to form associations or unions.
Freedom to own and dispose of property.
Freedom to practice any profession.
Explanation: The right to own and dispose of property was removed. The six freedoms are: speech and expression, assembly, association, movement, residence, and profession.
10
The protection against 'double jeopardy' is enshrined in which article?
Article 19
Article 20
Article 21
Article 22
Explanation: Article 20 provides protection in respect of conviction for offences, which includes the principle of 'no double jeopardy' (no one shall be prosecuted and punished for the same offense more than once).
11
The Right to Education for children between the ages of six and fourteen was made a Fundamental Right under which Article?
Article 21
Article 45
Article 21A
Article 19
Explanation: The 86th Amendment Act of 2002 added Article 21A, making free and compulsory education for all children between six and fourteen a Fundamental Right.
12
Article 23 of the Constitution prohibits:
Employment of children in factories.
Traffic in human beings and forced labour.
Discrimination in public employment.
Religious instruction in state-funded institutions.
Explanation: Article 23 prohibits traffic in human beings, begar (forced labour), and other similar forms of forced labour.
13
The right of minorities to establish and administer educational institutions of their choice is guaranteed by:
Article 29
Article 25
Article 26
Article 30
Explanation: Article 30 states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
14
Who described Article 32 as the "very soul of the Constitution and the very heart of it"?
Jawaharlal Nehru
Dr. B.R. Ambedkar
Sardar Vallabhbhai Patel
Mahatma Gandhi
Explanation: Dr. B.R. Ambedkar called Article 32 (Right to Constitutional Remedies) the "very soul of the Constitution and the very heart of it".
15
Which writ is issued by a court to inquire into the legality of a person's claim to a public office?
Habeas Corpus
Mandamus
Quo-Warranto
Certiorari
Explanation: The writ of 'Quo-Warranto' (literally 'by what authority or warrant') is issued by a court to inquire into the legality of a person's claim to a public office.
16
Consider the following statements:
1. The concept of 'Equality Before Law' in Article 14 is of British origin.
2. The concept of 'Equal Protection of Laws' in Article 14 is of American origin.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Explanation: 'Equality Before Law' is a concept of British origin, while 'Equal Protection of Laws' is taken from the American Constitution. Both are correct.
17
Article 18 abolishes titles. Which of the following is an exception to this rule?
Military or academic distinctions
Hereditary titles of nobility
Titles conferred by foreign states
All of the above
Explanation: Article 18 prohibits the State from conferring any titles, except for military or academic distinctions.
18
The protection against self-incrimination, "no person accused of any offense shall be compelled to be a witness against himself," is a provision under:
Article 22
Article 21
Article 20
Article 19
Explanation: Article 20(3) provides for protection against self-incrimination.
19
The Supreme Court's wider interpretation of Article 21 to include the right to live with human dignity and the "due process of law" concept was significantly established in which case?
Gopalan case (1950)
Kesavananda Bharati case (1973)
Menaka Gandhi case (1978)
Indira Sawhney case (1992)
Explanation: In the Menaka Gandhi case (1978), the Supreme Court ruled that the "procedure established by law" under Article 21 must be reasonable, fair, and just, effectively introducing the American concept of "due process of law".
20
Article 24 prohibits the employment of children below the age of ____ in any factory, mine, or other hazardous activities.
18 years
16 years
14 years
12 years
Explanation: Article 24 prohibits the employment of children below the age of 14 years in hazardous activities.
21
Which article states that no person shall be compelled to pay any taxes for the promotion of a particular religion?
Article 25
Article 26
Article 27
Article 28
Explanation: Article 27 ensures freedom from taxation for the promotion of any particular religion.
22
The right of any section of citizens to conserve their distinct language, script, or culture is protected under:
Article 29
Article 30
Article 25
Article 19
Explanation: Article 29 guarantees the right of any section of citizens residing in India with a distinct language, script, or culture to conserve the same.
23
The writ of 'Mandamus' literally means:
To have the body of
To forbid
We command
By what authority
Explanation: 'Mandamus' literally means "we command". It is a court order to a public official asking him to perform his official duties that he has failed or refused to perform.
24
Which Fundamental Rights cannot be suspended even during a National Emergency?
Article 19 and 20
Article 20 and 21
Article 21 and 22
Article 14 and 15
Explanation: The rights guaranteed by Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty) remain enforceable even during a National Emergency.
25
Which authority is empowered by Article 33 to restrict the Fundamental Rights of members of armed forces and police forces?
The President of India
The Supreme Court
The Parliament
The Ministry of Defence
Explanation: Article 33 empowers the Parliament to restrict or abrogate the Fundamental Rights of the members of armed forces, para-military forces, police forces, and other related agencies.
26
What is the key difference between the writs of 'Prohibition' and 'Certiorari'?
Prohibition is curative, while Certiorari is preventive.
Prohibition is preventive (issued during proceedings), while Certiorari is both preventive and curative (can quash an order).
Prohibition is issued against judicial bodies, while Certiorari is issued against administrative bodies.
There is no difference; they are used interchangeably.
Explanation: The writ of Prohibition is issued to prevent a lower court from exceeding its jurisdiction (preventive). The writ of Certiorari can be used to quash an order already passed by a lower court (curative) in addition to being preventive.
27
The Supreme Court has declared the Right to Privacy as a Fundamental Right under which article?
Article 19
Article 20
Article 21
Article 22
Explanation: The Supreme Court has declared the Right to Privacy as an intrinsic part of the Right to Life and Personal Liberty under Article 21.
28
Article 31C gives primacy to certain Directive Principles over Fundamental Rights under Articles 14 and 19. These Directive Principles are contained in:
Article 38 (a) and (b)
Article 39 (b) and (c)
Article 40 and 41
Article 44 and 45
Explanation: Article 31C provides that laws made to implement the Directive Principles in Article 39(b) or (c) cannot be challenged for violating the Fundamental Rights under Article 14 or Article 19.
29
Is the right to strike a fundamental right in India?
Yes, under Article 19(1)(a)
Yes, under Article 19(1)(c)
No, it is not a fundamental right.
Yes, it is an implied right under Article 21.
Explanation: The Supreme Court has held that the right to strike is not a fundamental right, though the right to form associations is.
30
The right to form co-operative societies was made a fundamental right by which amendment?
91st Amendment Act, 2003
97th Amendment Act, 2011
86th Amendment Act, 2002
42nd Amendment Act, 1976
Explanation: The 97th Amendment Act of 2011 made the right to form co-operative societies a fundamental right under Article 19.
31
What does 'locus standi' mean in a legal context?
The law of the land
The right of a party to appear and be heard before a court.
A pending lawsuit
A point of law
Explanation: 'Locus standi' is the traditional rule that only a person whose rights have been infringed can approach the court. Public Interest Litigation (PIL) has relaxed this rule.
32
According to the Supreme Court's ruling, National Awards like Bharat Ratna are not considered 'titles' under which article?
Article 17
Article 14
Article 18
Article 19
Explanation: The Supreme Court has ruled that National Awards like Bharat Ratna and Padma Vibhushan do not amount to 'titles' within the meaning of Article 18, which prohibits the state from conferring titles.
33
The right to travel abroad is considered a part of the Right to Life and Personal Liberty under which article?
Article 19
Article 21
Article 14
Article 22
Explanation: The Supreme Court has held that the right to travel abroad is part of the Right to Life and Personal Liberty under Article 21.
34
How does the writ jurisdiction of a High Court differ from that of the Supreme Court?
The Supreme Court's jurisdiction is wider.
The High Court's jurisdiction is wider as it can issue writs for any other purpose besides FRs.
There is no difference in their jurisdiction.
High Courts can only issue writs for civil matters.
Explanation: The Supreme Court can issue writs only for the enforcement of Fundamental Rights (FRs). High Courts can issue them for enforcing FRs and "for any other purpose," making the High Court's writ jurisdiction wider in scope.
35
Which of the following Fundamental Rights are available against the actions of private individuals?
Article 14 (Equality before law)
Article 19 (Freedom of speech)
Article 17 (Abolition of Untouchability)
Article 32 (Constitutional Remedies)
Explanation: While most FRs are available against the state, some like Article 17 (untouchability) and Article 23 (forced labour) are also enforceable against private individuals.
36
Article 31A saves certain laws from being challenged on the grounds of violating which Fundamental Rights?
Articles 14 and 19
Articles 20 and 21
Articles 25 and 26
Articles 29 and 30
Explanation: Article 31A saves five categories of laws (e.g., related to agrarian reforms) from being challenged on the grounds of violating Fundamental Rights under Article 14 (Equality before law) and Article 19 (six freedoms).
37
The term 'State' as defined in Article 12 for the purpose of Part III includes:
Government and Parliament of India
Government and legislature of states
Local authorities like municipalities
All of the above
Explanation: As per Article 12, the term 'State' includes the Government and Parliament of India, the government and legislature of each state, and all local or other authorities within India or under the control of the Government of India.
38
Which article ensures that no religious instruction shall be provided in any educational institution wholly maintained out of State funds?
Article 27
Article 28
Article 29
Article 30
Explanation: Article 28 states that no religious instruction shall be provided in any educational institution wholly maintained out of State funds.
39
The 'creamy layer' concept is used to exclude certain sections from the benefits of reservation. This concept applies to:
Scheduled Castes (SCs)
Scheduled Tribes (STs)
Other Backward Classes (OBCs)
Economically Weaker Sections (EWSs)
Explanation: The 'creamy layer' refers to the advanced sections among the Other Backward Classes (OBCs) who are excluded from the benefits of reservation quotas to ensure the benefits reach the most deserving.
40
Which of the following statements about Fundamental Rights is correct?
They are absolute and cannot be restricted.
They are not absolute but qualified, and the state can impose reasonable restrictions.
They are not justiciable.
They cannot be amended by the Parliament.
Explanation: The Fundamental Rights are not absolute but qualified. The state can impose reasonable restrictions on them. They are justiciable and can be amended without altering the 'basic structure'.
41
The Right to Freedom of Religion (Articles 25-28) is subject to restrictions on the grounds of:
Public order
Morality and health
Other provisions relating to fundamental rights
All of the above
Explanation: The right to freedom of religion is not absolute. The state can impose restrictions on the grounds of public order, morality, health, and other provisions relating to fundamental rights.
42
Preventive detention, mentioned under Article 22, means:
Detention after a trial and conviction.
Detention of a person without trial and conviction.
Detention for interrogation.
Detention by a private individual.
Explanation: Preventive detention is the detention of a person without trial, with the objective of preventing them from committing an offense in the near future.
43
Which article gives every religious denomination the right to establish and maintain institutions for religious and charitable purposes?
Article 25
Article 26
Article 27
Article 28
Explanation: Article 26 guarantees every religious denomination or any of its sections the right to establish and maintain institutions for religious and charitable purposes.
44
The freedom to assemble peaceably and without arms under Article 19 is subject to what major restriction?
The assembly must be peaceful and unarmed.
The assembly requires prior permission from the police.
The assembly cannot be held on public property.
The assembly is limited to 100 people.
Explanation: Article 19(1)(b) guarantees the right to assemble peaceably and without arms. The state can impose reasonable restrictions in the interest of the sovereignty and integrity of India or public order.
45
The President and Governors enjoy personal immunity from legal liability for their official acts under which article?
Article 14
Article 105
Article 361
Article 194
Explanation: Article 361 provides certain immunities to the President of India and the Governors of States from legal proceedings for their official acts. This is an exception to the Right to Equality.
46
The freedom of speech and expression under Article 19 includes which of the following?
Freedom of the press
Right to information
Freedom of commercial advertisements
All of the above
Explanation: The Supreme Court has held that the freedom of speech and expression is not limited to just speech but also includes freedom of the press, right to information, right to remain silent, and freedom of commercial advertisements.
47
Which writ is issued by a higher court to a lower court to prevent the latter from exceeding its jurisdiction?
Certiorari
Mandamus
Prohibition
Quo-Warranto
Explanation: The writ of 'Prohibition', which means 'to forbid', is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
48
Reservations in public employment for any backward class are permitted under which Article as an exception to the rule of equal opportunity?
Article 15(4)
Article 16(4)
Article 14
Article 29(2)
Explanation: Article 16 provides for equality of opportunity in public employment. However, Article 16(4) empowers the State to make special provisions for the reservation of appointments or posts in favour of any backward class of citizens.
49
Article 21 (Protection of Life and Personal Liberty) is available to:
Citizens only
Legal persons like corporations only
Both citizens and non-citizens
Minorities only
Explanation: The text clearly states that the right under Article 21 is available to both citizens and non-citizens.
50
What is the punishment for enforcing any disability arising out of 'Untouchability'?
A fine determined by the local panchayat.
Social service.
It is an offense punishable in accordance with the law.
There is no specific punishment.
Explanation: Article 17 states that the enforcement of any disability arising out of untouchability shall be an offense punishable in accordance with the law, as provided by the Protection of Civil Rights Act, 1955.
51
The concept of Fundamental Duties was inspired by the Constitution of which country?
USA
UK
Former USSR
France
Explanation: The inspiration for including Fundamental Duties was drawn from the Constitution of the former USSR.
52
Fundamental Duties were added to the Indian Constitution in which year?
1950
1978
2002
1976
Explanation: The Fundamental Duties were added by the 42nd Constitutional Amendment Act of 1976.
53
Which committee recommended the inclusion of Fundamental Duties in the Constitution?
Sardar Swaran Singh Committee
Verma Committee
Balwant Rai Mehta Committee
Ashok Mehta Committee
Explanation: In 1976, the Congress Party established the Sardar Swaran Singh Committee to provide recommendations on the necessity of fundamental duties.
54
Fundamental Duties are contained in which part of the Constitution?
Part III
Part IV
Part IVA
Part V
Explanation: The 42nd Amendment Act of 1976 added Part IVA, which consists of only one Article, 51A, specifying the Fundamental Duties.
55
How many Fundamental Duties were initially added to the Constitution in 1976?
Eight
Ten
Eleven
Seven
Explanation: The 42nd Amendment Act of 1976 added ten fundamental duties to the Constitution.
56
The eleventh Fundamental Duty was added by which amendment?
42nd Amendment Act
44th Amendment Act
86th Amendment Act, 2002
97th Amendment Act, 2011
Explanation: The eleventh Fundamental Duty, related to education for children, was added by the 86th Constitutional Amendment Act of 2002.
57
What is the nature of the Fundamental Duties?
Justiciable
Non-justiciable
Partially justiciable
Depends on the specific duty
Explanation: Similar to the Directive Principles of State Policy, the Fundamental Duties are non-justiciable. The Constitution does not provide for their direct enforcement by the courts.
58
To whom are the Fundamental Duties applicable?
All persons residing in India
Both citizens and foreigners
Citizens of India only
Legal persons like corporations
Explanation: Unlike some Fundamental Rights, the Fundamental Duties are exclusively for the citizens of India.
59
Which of the following was a recommendation of the Swaran Singh Committee that was NOT accepted?
To respect the Constitution.
To make the duty to pay taxes a Fundamental Duty.
To protect the unity and integrity of India.
To safeguard public property.
Explanation: The Swaran Singh Committee's recommendations to impose penalties for non-compliance and to include the duty to pay taxes as a Fundamental Duty were not accepted.
60
The eleventh Fundamental Duty requires a parent or guardian to provide opportunities for education to their child between the age of:
0 and 6 years
6 and 14 years
14 and 18 years
Up to 18 years
Explanation: The duty under Article 51A(k) is to provide opportunities for education to a child or ward between the age of six and fourteen years.
61
Which Fundamental Duty requires citizens "to cherish and follow the noble ideals that inspired the national struggle for freedom"?
Article 51A(a)
Article 51A(b)
Article 51A(c)
Article 51A(d)
Explanation: This is the second duty listed, under clause (b) of Article 51A. It is considered a moral duty.
62
The duty "to uphold and protect the sovereignty, unity and integrity of India" is mentioned in:
Article 51A(a)
Article 51A(b)
Article 51A(c)
Article 51A(d)
Explanation: This is the third fundamental duty, listed under clause (c) of Article 51A.
63
The duty to promote harmony and the spirit of common brotherhood and to renounce practices derogatory to the dignity of women is under:
Article 51A(d)
Article 51A(e)
Article 51A(f)
Article 51A(g)
Explanation: This duty is specified under clause (e) of Article 51A.
64
Which duty concerns the preservation of the country's "composite culture"?
Article 51A(e)
Article 51A(f)
Article 51A(g)
Article 51A(h)
Explanation: Article 51A(f) states the duty "to value and preserve the rich heritage of the country’s composite culture".
65
The duty to protect the natural environment, including forests, lakes, rivers, and wildlife, is specified in:
Article 51A(f)
Article 51A(h)
Article 51A(g)
Article 51A(i)
Explanation: This duty is specified under clause (g) of Article 51A.
66
Developing "scientific temper, humanism and the spirit of inquiry and reform" is a Fundamental Duty under:
Article 51A(h)
Article 51A(g)
Article 51A(i)
Article 51A(j)
Explanation: This duty is specified under clause (h) of Article 51A.
67
Which clause of Article 51A deals with the duty to safeguard public property and abjure violence?
Clause (h)
Clause (i)
Clause (j)
Clause (k)
Explanation: The duty to safeguard public property and to abjure violence is mentioned in clause (i) of Article 51A.
68
The duty "to strive towards excellence in all spheres of individual and collective activity" is found in which clause?
Clause (i)
Clause (k)
Clause (j)
Clause (h)
Explanation: This duty is specified under clause (j) of Article 51A.
69
Which committee was formed in 1999 to identify legal provisions for the implementation of some Fundamental Duties?
Swaran Singh Committee
Sarkaria Commission
Verma Committee
Mandal Commission
Explanation: The Verma Committee on Fundamental Duties of the Citizens (1999) was formed to identify existing legal provisions for the implementation of some of the Fundamental Duties.
70
According to the Verma Committee, which act enforces the Fundamental Duty of respecting the National Flag and National Anthem?
The Protection of Civil Rights Act (1955)
The Unlawful Activities (Prevention) Act of 1967
The Prevention of Insults to National Honour Act (1971)
The Forest (Conservation) Act of 1980
Explanation: The Verma Committee identified The Prevention of Insults to National Honour Act (1971) as a legal provision for the implementation of the duty to respect the National Flag and Anthem.
71
Which of the following is a criticism leveled against the Fundamental Duties?
The list is not exhaustive as it omits duties like voting and paying taxes.
Some duties are vague and ambiguous.
They are non-justiciable in nature.
All of the above.
Explanation: The Fundamental Duties have been criticized for not being exhaustive, for being vague (e.g., 'composite culture'), and for being non-justiciable, which critics argue reduces their effectiveness.
72
The Fundamental Duties serve to:
Act as a reminder to citizens that rights come with responsibilities.
Warn against anti-national and anti-social activities.
Help courts in determining the constitutional validity of laws.
All of the above.
Explanation: Despite criticism, the Fundamental Duties are significant as they serve as a reminder to citizens, a warning against anti-national activities, a source of inspiration, and an aid to the judiciary.
73
The Fundamental Duties are a codification of tasks integral to:
The British parliamentary system
The Indian way of life
The American Bill of Rights
The principles of the French Revolution
Explanation: The text states that the duties are deeply rooted in Indian traditions, mythology, and religious practices, essentially codifying tasks integral to the Indian way of life.
74
Which type of duties are included in the Fundamental Duties?
Only Moral Duties
Only Civic Duties
Both Moral and Civic Duties
Only duties towards the state
Explanation: The duties encompass both moral precepts (like cherishing ideals of the freedom struggle) and civic responsibilities (like respecting the Constitution).
75
The inclusion of Fundamental Duties occurred during the period of:
The First Five-Year Plan
The internal emergency (1975–1977)
The economic liberalization in 1991
The formation of the Constitution
Explanation: The Swaran Singh Committee was set up in 1976 amidst the internal emergency, and the duties were added in the same year.
76
Match the following Articles with their provisions:
Column A (Article)Column B (Provision)
1. Article 16a. Prohibition of child labour
2. Article 24b. Equality of opportunity in public employment
3. Article 29c. Protection of interests of minorities
1-a, 2-b, 3-c
1-b, 2-a, 3-c
1-c, 2-a, 3-b
1-b, 2-c, 3-a
Explanation: Article 16 deals with equality of opportunity in public employment. Article 24 prohibits child labour. Article 29 deals with the protection of the interests of minorities.
77
"Procedure established by law" is a phrase from Article 21. Which country's constitution is this concept associated with?
USA
Japan (though the text does not specify, this is the correct answer and implied by contrasting with American 'due process')
UK
Canada
Explanation: The phrase "procedure established by law" in Article 21, as originally intended, was a narrower concept than the American "due process of law". The text notes the Menaka case effectively introduced the "due process" idea.
78
The right to "reside and settle in any part of the territory of India" is a freedom guaranteed under:
Article 21
Article 14
Article 19
Article 30
Explanation: This is one of the six freedoms guaranteed to all citizens under Article 19(1)(e).
79
Can a company or a corporation claim Fundamental Rights?
No, they are only for natural persons.
Yes, some rights available to 'all persons' can be claimed by them.
Yes, all Fundamental Rights are available to them.
No, they can only claim legal rights, not fundamental ones.
Explanation: The text mentions that some Fundamental Rights are available to all persons, which includes legal persons like corporations or companies (e.g., Article 14), while some are available only to citizens.
80
The Fundamental Duty added by the 86th Amendment Act is correlative to which Fundamental Right?
Right to Life (Article 21)
Right to Education (Article 21A)
Right to Freedom of Speech (Article 19)
Right to Equality (Article 14)
Explanation: The duty of parents to provide educational opportunities (Article 51A(k)) is the other side of the coin to the child's Right to Education (Article 21A).
81
Which writ is known as a 'bulwark of individual liberty against arbitrary detention'?
Mandamus
Habeas Corpus
Quo-Warranto
Certiorari
Explanation: 'Habeas Corpus' (to have the body of) is a writ that commands a person who has detained another to bring the body of the latter before the court, to let the court know on what ground he has been confined. It is a powerful check on illegal detention.
82
The State is prohibited from discriminating against any citizen on grounds only of religion, race, caste, sex, or place of birth under Article 15. This right is enforceable against:
The State only.
Private individuals only.
Both the State and private individuals regarding access to public places.
The Judiciary only.
Explanation: Article 15 prohibits state discrimination. A subsection also prohibits discrimination with regard to access to shops, public restaurants, hotels and places of public entertainment, making it enforceable against both State and private individuals in that context.
83
The term 'begar' prohibited under Article 23 refers to:
Trafficking of women and children.
Forced labour without payment.
Employment of children in mines.
Slavery.
Explanation: Article 23 prohibits traffic in human beings, begar (forced labour), and other similar forms of forced labour. 'Begar' was a traditional Indian system of forced labour where people were compelled to work without remuneration.
84
The right to "propagate" religion under Article 25 means:
The right to forcibly convert another person.
The right to transmit and disseminate one's religious beliefs to others.
The right to criticize other religions.
The right to establish religious institutions.
Explanation: Article 25 grants the right to freely profess, practice, and propagate religion. Propagation means the dissemination of one's beliefs, but the Supreme Court has clarified that it does not include the right to convert another person by force, fraud, or allurement.
85
Can Parliament amend the Fundamental Rights?
No, they are part of the unamendable basic structure.
Yes, by a simple majority.
Yes, but it cannot alter the 'basic structure' of the Constitution.
Yes, but only to add new rights, not to curtail existing ones.
Explanation: The text states that Parliament can curtail or repeal a Fundamental Right through a constitutional amendment, but it cannot alter the 'basic structure' of the Constitution, as established in the Kesavananda Bharati case.
86
Why did critics call the Fundamental Duties a "code of moral precepts"?
Because they were inspired by a communist country.
Due to their non-justiciable character.
Because they were too idealistic.
Because they were not exhaustive.
Explanation: Their non-justiciable character (lack of direct legal enforcement) led to the criticism that they were a mere "code of moral precepts" without any real teeth.
87
The duty to "defend the country and render national service when called upon to do so" is a:
Moral Duty
Civic Duty
Legal Duty
Optional Duty
Explanation: This duty, under Article 51A(d), is classified as a civic duty, which is a responsibility towards the state and society, as opposed to a moral precept like cherishing noble ideals.
88
The fact that the Fundamental Duties were not annulled by subsequent governments and a new duty was added in 2002 indicates what?
Political compulsion
Judicial pressure
A consensus on their necessity and desirability.
A lack of parliamentary majority to repeal them.
Explanation: The text suggests that the retention and addition of duties by subsequent governments indicate a political consensus on their importance and utility.
89
Consider the following protections under Article 20:
1. No ex-post-facto law
2. No double jeopardy
3. No self-incrimination
These protections are available against:
Proceedings before a court of law only.
Punishment to an accused person, whether citizen or foreigner.
Citizens only during criminal proceedings.
Both criminal and civil proceedings.
Explanation: Article 20 provides protection against arbitrary and excessive punishment to an accused person. These rights are fundamental to criminal jurisprudence and apply to any person accused of an offense.
90
What is the primary purpose of the Fundamental Rights?
To establish a welfare state.
To promote the ideal of political democracy.
To ensure economic equality.
To define the duties of citizens.
Explanation: The text states that the primary purpose of the Fundamental Rights is to promote the ideal of political democracy by preventing the establishment of an authoritarian and despotic rule.
91
Which article deals with the 'Abolition of Titles'?
Article 17
Article 18
Article 16
Article 15
Explanation: Article 18 of the Constitution deals with the Abolition of Titles.
92
Under Article 16, the state cannot discriminate in matters of public employment on the grounds of religion, race, caste, sex, place of birth, or ________.
Age
Descent
Marital status
Language
Explanation: Article 16 lists seven grounds of prohibited discrimination: religion, race, caste, sex, descent, place of birth, or residence.
93
What does the writ of 'Certiorari' mean?
We command
To have the body of
To be certified or to be informed
To forbid
Explanation: 'Certiorari' is a Latin word meaning 'to be certified'. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to quash the order of the latter in a case.
94
The concept of Public Interest Litigation (PIL) relaxed the traditional rule of:
Res Judicata
Locus Standi
Double Jeopardy
Stare Decisis
Explanation: Public Interest Litigation (PIL) relaxed the traditional rule of 'Locus Standi', which meant that only a person whose rights were infringed could move the court. PIL allows any public-spirited citizen to do so.
95
Which one of the following is NOT a Fundamental Duty?
To safeguard public property.
To abide by the Constitution.
To cast a vote in elections.
To promote harmony and common brotherhood.
Explanation: One of the criticisms of the Fundamental Duties is that the list is not exhaustive and omits important duties such as voting and paying taxes. Casting a vote is not listed as a Fundamental Duty in Article 51A.
96
The duty to have compassion for living creatures is a part of which larger duty?
Duty to preserve composite culture.
Duty to protect and improve the natural environment.
Duty to develop scientific temper.
Duty to promote harmony.
Explanation: The duty under Article 51A(g) is "to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures".
97
According to the text, which major democratic country's constitution contains a specific list of duties for citizens?
USA
Australia
Japan
Canada
Explanation: The text notes that most major democratic constitutions like those of the USA, Canada, France, and Australia do not have a specific list of duties, but mentions the Japanese Constitution as one that does contain such a list.
98
What did Prime Minister Indira Gandhi state as the justification for including Fundamental Duties?
To control the judiciary.
To fulfill an international obligation.
To strengthen democracy by making citizens conscious of their duties.
To make the Constitution more comprehensive.
Explanation: The text mentions that the then Prime Minister Indira Gandhi justified the inclusion of Fundamental Duties as a means to strengthen democracy by making citizens conscious of their duties alongside their rights.
99
The six freedoms under Article 19 can be suspended only during a National Emergency declared on the grounds of:
Internal disturbance
Financial instability
War or external aggression
Failure of constitutional machinery in states
Explanation: The text clearly states that the six rights under Article 19 can be suspended only when a National Emergency is declared on the grounds of war or external aggression, and not on the ground of armed rebellion (internal emergency).
100
Which part of the constitution is considered the "conscience of the constitution" by Granville Austin, encompassing both Fundamental Rights and Directive Principles?
Part III alone
Part IV alone
Part III and Part IV together
The Preamble
Explanation: While not explicitly in the text, this is a famous observation. The Fundamental Rights (Part III) and Directive Principles (Part IV) together are described as the 'conscience of the Constitution', as they lay down the social philosophy of the nation.
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