Fundamental Rights is important part of polity syllabus. Previous Year Question (PYQ) papers are invaluable resources for aspirants preparing for competitive exams like the Union Public Service Commission (UPSC) examinations. In this article we present important PYQ on Fundamental Rights.
UPSC PYQ on Fundamental Rights
Q- What is the position of the Right to Property in India? (2021)
(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Right available to citizens only
(d) Neither fundamental Right nor legal right
Answer- Option B
EXPLANATION
The Right to Property was initially enshrined as a Fundamental Right in the original constitution under Article 31, ensuring individuals’ entitlement to private ownership and the freedom to utilize and transfer property without undue constraints, except for reasonable restrictions. Article 31 also guaranteed compensation to individuals whose property was acquired for public purposes.
However, the Constitution (Forty-fourth Amendment) Act, 1978, removed the Right to Property from the list of Fundamental Rights. This Amendment eliminated Article 31 and Article 19 (1) (f) and introduced Article 300-A in their stead. Article 300-A states that no person shall be deprived of their property except by authority of law.
Q- Consider the following statements in respect of Bharat Ratna and Padma Awards. (2021)
(a) Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.
(b) Padma Awards, which were instituted in the year 1954, were suspended only once.
(C) The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.
Which of the above statements are not correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer- Option D
EXPLANATION
Statement 1: National honors such as Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri are not considered titles under Article 18(1) of the Constitution and thus should not be used as prefixes or suffixes to the recipient’s name. Article 18(1) abolishes all titles conferred by the state, whether on citizens or non-citizens, with exceptions for military and academic distinctions. Therefore, universities can still confer titles or honors on deserving individuals.
Statement 2: The Padma Awards were established in 1954 to recognize the distinguished contributions of Indian citizens in various fields. The practice of granting Padma awards was suspended twice, once in 1977 and again in the mid-1992s due to legal challenges. The awards are given in three categories: Padma Vibhushan for exceptional service, Padma Bhushan for distinguished service, and Padma Shri for notable service.
Statement 3: The Bharat Ratna, India’s highest civilian award, can be awarded to a maximum of three individuals in a given year. The total number of Padma awards conferred annually is limited to 120, excluding posthumous awards and those given to non-resident Indians, Overseas Citizens of India, or foreign nationals.
Q- ‘Right to Privacy’ is protected under which Article of the constitution of India? (2021)
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Answer- Option C
EXPLANATION
Individual privacy is intrinsic to life and liberty is an inherent part of fundamental rights enshrined in the Article 21 of the Constitution.
Q- Which one of the following categories of ‘Fundamental Rights incorporated against untouchability as a form of discrimination? (2020)
(a) Right against Exploitation
(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality
Answer- Option D
EXPLANATION
The Right to Equality is outlined in Articles 14-18 of the Indian Constitution. Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth.
Whereas, Article 17 is about abolishment of untouchability.
Article 18 abolishes titles.
Q- Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020)
- Preamble
- Directive Principles of State Policy
- Fundamental Duties
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
Answer- Option D
EXPLANATION
The Universal Declaration of Human Rights was proclaimed under UNGA resolution 217 A in Paris, stating that all individuals are inherently free and equal in dignity and rights, and should treat one another with a sense of fraternity. Article 3 of the Declaration affirms the right to life, liberty, and security of person. The Preamble of the Indian Constitution also emphasizes principles of equality, dignity, and unity.
Additionally, Article 22 of the Universal Declaration underscores the importance of economic, social, and cultural rights for human dignity and development, mirroring concepts present in the Directive Principles of State Policy (DPSP) of the Indian Constitution. Moreover, Article 29 of the Universal Declaration mentions duties, akin to the incorporation of similar ideas in the Indian Constitution through the 42nd Constitutional Amendment Act, 1976, under Part IV-A (Article 51A).
Q- Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (2019)
(a) Article 19
(b) Article 21
(c) Article 25
(d) Article 29
Answer- Option B
EXPLANATION
In the case of Lata Singh vs. State of Uttar Pradesh, the Supreme Court interpreted the right to marry as an integral aspect of the right to life guaranteed under Article 21 of the Indian Constitution. Article 21 stipulates that “No person shall be deprived of his life and personal liberty except according to procedure established by law.”
Whereas Article–19 encompasses fundamental freedoms such as the protection of certain rights pertaining to freedom of speech, etc.
Article–25 – “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality, and health.”
Article–29 of the Indian Constitution provides protection to both religious minorities and linguistic minorities.
Q- Which one of the following reflects the nicest, appropriate relationship between law and liberty? (2018)
(a) if there are more laws, there is less liberty.
(b) If there are no laws, there is no liberty.
(c) If there is liberty, laws have to be made by the people.
(d) If laws are changed too often, liberty is in danger.
Answer- Option B
EXPLANATION
In a society, the absence of constraints would neither be feasible nor desirable because individuals live collectively. One can freely swing their arm, but that freedom ceases at the point where it may harm another person’s nose.
Reasonable limitations must accompany universal enjoyment of liberty. The freedom of many necessitates the legal restraint of the freedom of a few. Liberty entails the freedom of thought, expression, and action, but it does not entail the freedom to act in any manner one desires. Allowing unrestricted freedom would prevent many individuals from enjoying their own freedom.
Each person can exercise their freedom without encroaching upon the freedoms of others or jeopardizing law and order by delineating freedoms in a manner that ensures this. Without laws, there would be chaos, and individuals would be unable to fully experience their liberty.
Also Read UPSC PYQ on Preamble.
Q- Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. (2018)
Which of the following in the Constitution of India correctly and appropriately imply the above statement?
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution
(b) Article 17 and the Directive Principles of State Policy in Part IV
(c) Article 21 and the freedoms guaranteed in Part. III
(d) Article 24 and the provisions under the 44th Amendment to the Constitution
Answer- Option C
EXPLANATION
Article 21 of the Indian Constitution, along with the freedoms enshrined in Part III, safeguards the Right to Privacy as an inherent aspect of the Right to Life and Personal Liberty. The Supreme Court, in the case of Justice K.S. Puttaswamy (Retd) vs Union of India, declared Right to Privacy as a Fundamental Right. This ruling overturned previous judgments from the M.P. Sharma case in 1958 and the Kharak Singh case in 1961, which had held that the right to privacy was not protected under the Indian constitution.
Q- In the context of India, which one of the following is the correct relationship between Rights and Duties? (2017)
(a) Rights are correlative with Duties.
(b) Rights are personal and hence independent of society and Duties.
(c) Rights, not Duties, are important for the advancement of the personality of the citizen.
(d) Duties, not Rights, are important for the stability of the State.
Answer- Option A
EXPLANATION
The Fundamental Duties were introduced in Part IV-A of the Indian Constitution via the 42nd Constitutional Amendment Act, 1976. The Constitution outlines eleven fundamental duties under Article 51 A. The concept of Fundamental Duties drew inspiration from the former USSR. There were ten duties, and the eleventh duty was added through the 86th Amendment Act, 2002. The inclusion of Fundamental Duties in the Indian Constitution was recommended by the Swaran Singh Committee.
Fundamental Duties are not legally enforceable. Articles 12-35 of Part III of the Indian Constitution address Fundamental Rights and courts of law enforce them.
Rights and duties are closely intertwined and cannot be separated. Enjoyment of rights depends on others fulfilling their duties. The state is responsible for protecting and enforcing rights, while it is the duty of citizens to remain loyal to the state.
Q- Which of the following statements is/are true of the Fundamental Duties of an Indian citizen? (2017)
- A legislative process has been provided to enforce these duties.
- They are correlative to legal duties.
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
Answer- Option D
EXPLANATION
The 42nd Constitutional Amendment Act of 1976 introduced the Fundamental Duties into Part IV-A of the Indian Constitution. Article 51 A of the constitution outlines eleven fundamental duties. The concept of Fundamental Duties was adopted from the former USSR. Initially, there were ten duties, and the eleventh was added later through the 86th Amendment Act, 2002. The Swaran Singh Committee recommended the inclusion of Fundamental Duties in the Indian Constitution.
However, Fundamental Duties are not legally enforceable, and there is no legislative process to compel citizens to fulfill them. Therefore, Statement 1 is incorrect. Legal duties, on the other hand, are obligations mandated by law, and there is no direct correlation between legal duties and fundamental duties. Consequently, Statement 2 is also incorrect.
Q- Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (2017)
- Prohibition of traffic in human beings and forced labour
- Abolition of untouchability
- Protection of the interests of minorities
- 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
Answer- Option C
EXPLANATION
Article 23 of the Indian Constitution prohibits human trafficking, forced labor, and similar forms of coerced labor, including begging. Article 24 prohibits the employment of children in factories and also prohibits the employment of children under the age of 14.
Q- Right to vote and to be elected in India is a (2017)
(a) Fundamental Right
(b) Natural Right
(c) Constitutional Right
(d) Legal Right
Answer– Option C
EXPLANATION
The right to vote in elections is a significant constitutional right, making option 3 correct. Additionally, what holds true for the right to vote also applies to the right to contest elections, indicating that the right to contest elections is likewise a constitutional right.
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