Law Legal Studies · Civics Polity
Fundamental and Human Rights
1,374 Questions
This set of questions covers fundamental rights, human rights, and constitutional provisions like the Right against Exploitation. It also explores international declarations and individual liberties. These topics are frequently tested in UPSC and state PSC examinations.
Constitutional provisionsInternational human rightsRight to privacyMinority rightsRight against exploitation
Fundamental and Human Rights Questions
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an ordinary Civil Right
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an important Constitutional Right
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a Fundamental Right
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a Fundamental Duty
B
Correct answer
Explanation
Right to contest elections has been held as constitutional right but subject to qualifications and disqualifications.
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44th Amendment
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24th Amendment
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39th Amendment
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42nd Amendment
D
Correct answer
Explanation
On 31 July 1980, in its judgement on Minerva Mills v. Union of India, the Supreme Court declared unconstitutional two provisions of the 42nd Amendment which prevent any constitutional amendment from being "called in question in any Court on any ground" and accord precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals.
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fundamental right of every citizen
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fundamental duty of every citizen
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directive principle of State Policy
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None of these
B
Correct answer
Explanation
The Constitution of India in Part IV A under Article 51A (added by the 42nd amendment) provides Fundamental Duties of every citizen of Indian. In its first clause, it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
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Right to vote
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Right to citizenship
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Right to contest election
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Right to assemble peacefully without arms
D
Correct answer
Explanation
Article 19(1) of the Indian Constitution provides that all citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(f) to practise any profession or to carry on any occupation, trade or business
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Right to Constitutional remedy
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Right of equality
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Right of property
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Right of amendment in the Constitution
A
Correct answer
Explanation
Article 32 (Right to Constitutional Remedies) gives citizens the right to approach the Supreme Court for enforcement of Fundamental Rights. Dr. Ambedkar called this the 'heart and soul of the Constitution' because without this remedy, Fundamental Rights would be meaningless and unenforceable.
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Right to freedom of religion.
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Cultural and educational rights.
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Right against exploitation.
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Right to property.
D
Correct answer
Explanation
Right to Property was removed from Fundamental Rights by the 44th Amendment (1978) and reclassified as a constitutional right under Article 300A. All other options - freedom of religion, cultural and educational rights, and right against exploitation - remain as Fundamental Rights under Articles 25-28, 29-30, and 23-24 respectively.
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Only 1 & 2
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Only 1, 2 & 3
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Only 2 & 3
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All of the above
A
Correct answer
Explanation
Non-citizens in India enjoy basic fundamental rights such as Article 14 - Right to Equality and Article 21 - Right to Life; the other fundamental rights are only available to the citizens of India.
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I, II and IV
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II and IV
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I and IV
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II and III
D
Correct answer
Explanation
Fundamental Rights are available to all persons including aliens with exceptions. Equality before law (Article 14), protection to life and liberty (Article 21) are available to everyone. Freedom of speech (Article 19) and minority rights (Article 29) are ONLY for citizens. So II and III are correct.
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I, II and III
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II, III and IV
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II and IV
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I, II and IV
D
Correct answer
Explanation
Rights to Equality under Articles 14, 15, and 16 include non-discrimination by state (Article 15), equal protection of laws (Article 14), and equality of opportunity in public employment (Article 16). Equal pay for equal work is a Directive Principle (Article 39), not a Fundamental Right. Therefore, only I, II, and IV are correct.
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I and II
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II, III and IV
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I and IV
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I, II, III and IV
C
Correct answer
Explanation
Fundamental Rights are superior to ordinary law (II) and are not absolute (IV). However, the question asks which factors do NOT explain why they are 'fundamental'. That they are available to both citizens and aliens (I) and that they are not absolute (IV) are not defining characteristics of why they are termed 'fundamental' - these are incidental features.
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Prohibition of liquor
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Right to work
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Equal wage for equal work
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Right to information
D
Correct answer
Explanation
Right to Information is a Fundamental Right under Article 19(1)(a) (freedom of speech) and was enacted by a separate RTI Act 2005 - it is NOT part of Directive Principles. Prohibition of liquor, Right to work, and Equal pay for equal work ARE explicitly mentioned in Directive Principles (Articles 47, 41, and 39 respectively).
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fundamental right
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political right
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legal right
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natural right
B
Correct answer
Explanation
The right to vote is not a fundamental right as its violation cannot be challenged in court of law. It is not a legal right. It is a constitutional right which has been granted by Indian constitution.
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Included in the directive principles of state policy
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A Fundamental Right
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A Statutory Right
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None of these
B
Correct answer
Explanation
The Right of Children to Free and Compulsory Education Act (2009) made education a Fundamental Right under Article 21A of the Constitution. Prior to this amendment, the right to education was part of the Directive Principles of State Policy (Article 45). The 86th Constitutional Amendment elevated it from a non-justiciable directive principle to a justiciable fundamental right.
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Equality of all before law
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Limited Government
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Equality of opportunity for all
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None of these.
B
Correct answer
Explanation
Fundamental Rights place limitations on governmental power by protecting individual liberties against state action. They enforce the doctrine of limited government - the state cannot arbitrarily deprive citizens of life, liberty, or property except according to established procedure. While equality before law is also a fundamental right, the theory itself is about constraining governmental authority.
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Only A
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Only B
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Both A and B
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Neither A nor B
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Sometimes A is true and sometimes B is true depending upon the time.