Question 1

Which article of the Indian Constitution guarantees the right to life and personal liberty to all citizens?

Accepted Answer

Article 21 of the Indian Constitution states 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' This is a Fundamental Right applicable to all persons (not just citizens). It has been interpreted broadly by the Supreme Court to include rights like right to health, education, and dignified living.

Question 2

Which article of the Indian Constitution guarantees the Right to Life and Personal Liberty?

Accepted Answer

Article 21 of the Indian Constitution explicitly states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' This is a fundamental right that has been interpreted expansively by Indian courts to include the right to live with dignity, right to privacy, and right to a clean environment. Therefore, the answer is B.

Question 3

The 42nd Amendment to the Indian Constitution, passed in 1976, is historically significant because it:

Accepted Answer

The 42nd Amendment, enacted during the Emergency (1975–1977), made several major changes to the Constitution. Most notably, it added Fundamental Duties (Article 51A), changed the Preamble to include 'Socialist' and 'Secular', reduced the power of courts to review laws, and extended the term of Parliament. This amendment is often called the 'Mini Constitution' due to its sweeping nature. Therefore, the answer is C.

Question 4

Article 12 of the Indian Constitution defines 'State' for the purpose of Fundamental Rights. Which of the following is NOT included in this definition?

Accepted Answer

Article 12 defines 'State' to include the Government and Parliament of India, State Governments and Legislatures, and all local authorities and other bodies exercising statutory functions. Importantly, private individuals, private companies, and purely private institutions are NOT included in the definition of 'State' under Article 12. Fundamental Rights are enforceable against the State, not against private entities. Therefore, the answer is D.

Question 5

Which article of the Indian Constitution provides the right to move the Supreme Court for enforcement of Fundamental Rights?

Accepted Answer

Article 32 of the Indian Constitution grants citizens the right to move the Supreme Court for the enforcement of Fundamental Rights. It states that the right to constitutional remedies is itself a fundamental right. The Supreme Court can issue writs (habeas corpus, mandamus, prohibition, certiorari, and quo warranto) to protect fundamental rights. This article is considered the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar. Therefore, the answer is B.

Question 6

The Directive Principles of State Policy (DPSP) are enshrined in which Part of the Indian Constitution?

Accepted Answer

The Directive Principles of State Policy are enshrined in Part IV of the Indian Constitution (Articles 36–51). These are non-justiciable principles that guide the State in formulating policies and legislation. Unlike Fundamental Rights (Part III), DPSPs cannot be directly enforced in courts, but they are fundamental in the governance of the country. The 42nd Amendment added Article 51A (Fundamental Duties) as Part IVA. Therefore, the answer is C.

Question 7

The 42nd Amendment to the Indian Constitution, passed in 1976, is often called the 'Mini Constitution' because it introduced several major changes. Which of the following was NOT introduced by the 42nd Amendment?

Accepted Answer

The 42nd Amendment (1976) introduced: (1) the word 'Socialist' and 'Secular' in the Preamble, (2) Fundamental Duties (Article 51A), (3) reduced the term of Lok Sabha from 5 to 6 years (later reverted by 44th Amendment), and (4) curtailed the power of courts to question constitutional amendments. However, the 44th Amendment (1978) introduced the Right to Property as a constitutional right (Article 31C was modified). The 42nd Amendment did NOT introduce the Right to Property as a fundamental right. Therefore, the answer is D.

Question 8

Under Article 12 of the Indian Constitution, the term 'State' includes all of the following EXCEPT:

Accepted Answer

Article 12 defines 'State' for the purpose of Fundamental Rights (Part III). It includes: (1) the Government of India, (2) State Governments, (3) local authorities (municipalities, panchayats), and (4) any other authority or body exercising statutory functions. However, purely private bodies or individuals engaged in private commercial activity are NOT included as 'State' under Article 12. A private company operating solely for profit without statutory authority is not considered 'State'. Therefore, the answer is C.

Question 9

Which of the following Fundamental Duties was added to the Indian Constitution by the 42nd Amendment?

Accepted Answer

The 42nd Amendment (1976) introduced Article 51A, which lists Fundamental Duties of citizens. These include: respecting the Constitution, cherishing noble ideals of freedom struggle, upholding sovereignty and integrity, defending the nation, promoting harmony and brotherhood, preserving cultural heritage, protecting environment and wildlife, developing scientific temper, and safeguarding public property. All these duties were introduced together in 1976 by the 42nd Amendment. Therefore, the answer is B (or any option listing duties from Article 51A).

Question 10

Article 32 of the Indian Constitution provides the right to constitutional remedies. Which of the following is NOT a writ that can be issued under Article 32?

Accepted Answer

Article 32 empowers the Supreme Court to issue writs for enforcement of Fundamental Rights. The writs available are: (1) Habeas Corpus (to release unlawful detention), (2) Mandamus (to compel performance of duty), (3) Prohibition (to prevent ultra vires action), (4) Certiorari (to quash illegal orders), and (5) Quo Warranto (to challenge authority to hold office). However, 'Injunction' is not a writ under Article 32; it is an equitable remedy available under general civil law (Code of Civil Procedure). Therefore, the answer is D.

Question 11

The 44th Amendment Act, 1978, removed which fundamental right from Part III of the Indian Constitution?

Accepted Answer

The 44th Amendment Act, 1978, removed the Right to Property from the list of Fundamental Rights. Originally, the right to property was guaranteed under Article 19(1)(f) and Article 31. The 44th Amendment converted it into a Constitutional Right under Article 300A, which provides a statutory right to property but not a fundamental right. This amendment was significant as it was the first to remove a fundamental right from the Constitution. This tests knowledge of constitutional amendments and the distinction between fundamental rights and constitutional rights.

Question 12

Which article of the Indian Constitution was inserted by the 42nd Amendment and explicitly recognizes the duty of every citizen to abide by the Constitution and respect its ideals and institutions?

Accepted Answer

Article 51A was inserted by the 42nd Amendment (1976) during the Emergency period. It introduced Fundamental Duties as a new Part IVA in the Constitution. Article 51A(a) specifically mandates that it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions. This was a landmark addition that balanced Fundamental Rights with corresponding duties.

Question 13

The 44th Amendment of the Indian Constitution removed the right to property from the list of Fundamental Rights and reclassified it as a Constitutional Right under which article?

Accepted Answer

The 44th Amendment (1978) removed the right to property from Part III (Fundamental Rights) and reclassified it as a Constitutional Right under Article 300A in Part XII of the Constitution. Previously, it was protected under Article 19(1)(f) and Article 31. This amendment significantly reduced the justiciability of property rights and gave the state greater power to acquire property for public purposes.

Question 14

Under Article 12 of the Indian Constitution, the definition of 'State' includes all of the following EXCEPT:

Accepted Answer

Article 12 defines 'State' for the purpose of Part III (Fundamental Rights) to include the Government and Parliament of India, the Government and Legislature of each State, and all local authorities and other authorities within the territory of India or under the control of the Government of India. The definition is deliberately broad to ensure that fundamental rights apply against all organs exercising state power. However, purely private bodies, private companies, and private individuals are NOT included in the definition of 'State' under Article 12, unless they are performing state functions or are instrumentalities of the state.

Question 15

Article 29(2) of the Indian Constitution, which was struck down by the Supreme Court in the Champakam Dorairajan case (1951), dealt with which aspect of Fundamental Rights?

Accepted Answer

Article 29(2) originally stated that no citizen shall be denied admission to any educational institution maintained by the State on grounds only of religion, race, caste, language, or place of birth. However, in the Champakam Dorairajan case (1951), the Supreme Court struck down the Madras State's communal GO (Government Order) that reserved seats for different communities in educational institutions, holding that such reservations violated Article 29(2). This case established that while the State could provide reservations under Article 15(4), it could not do so in a manner that violated Article 29(2). The case is crucial for understanding the balance between equality and reservation rights.

Question 16

Under Article 35 of the Indian Constitution, which body is empowered to make laws to give effect to the Fundamental Rights?

Accepted Answer

Article 35 states that Parliament shall have the power to make laws to give effect to the rights conferred by Part III (Fundamental Rights). This article is crucial because it establishes that while Fundamental Rights are directly enforceable, Parliament has the authority to create legislation that defines the scope, limitations, and procedures for exercising these rights. For example, Article 19 provides freedom of speech, but Parliament can make laws to impose reasonable restrictions on this freedom. Article 35 is the constitutional basis for laws like the Indian Penal Code, which restricts certain fundamental rights in the interest of public order, morality, and national security.

Question 17

Which of the following statements regarding Article 21 of the Indian Constitution is INCORRECT?

Accepted Answer

Article 21 states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' This article has been interpreted expansively by the Supreme Court to include rights such as right to health, right to education, right to clean environment, and right to dignity. However, Article 21 does NOT explicitly guarantee the right to property—that right was removed from Fundamental Rights by the 44th Amendment and placed under Article 300A as a Constitutional Right. Additionally, Article 21 applies only to 'persons' and has been held to include both citizens and non-citizens (including illegal immigrants for certain protections).

Question 18

The 101st Amendment to the Indian Constitution introduced the Goods and Services Tax (GST) and amended which article to provide for the levy of GST by the Union and States?

Accepted Answer

The 101st Amendment (2016) introduced the Goods and Services Tax (GST) in India. It amended Article 246A to provide concurrent power to both the Union and States to levy GST. Article 246A was inserted by the 101st Amendment specifically to enable GST legislation. Additionally, the amendment modified Article 269A to provide for the apportionment of GST revenue between the Union and States. The GST was implemented on July 1, 2017. This amendment is significant as it represents a major tax reform and a shift in the federal fiscal structure of India.

Question 19

Which article of the Indian Constitution was inserted by the 42nd Amendment Act, 1976, to include the term 'socialist' and 'secular' in the Preamble?

Accepted Answer

The 42nd Amendment Act, 1976, formally amended the Preamble to insert the words 'socialist' and 'secular' between 'sovereign' and 'democratic'. This amendment was passed during the Emergency period under Prime Minister Indira Gandhi. The amendment did not create a new article but modified the Preamble itself, which is not technically an article but a foundational statement. However, the constitutional mechanism for this change was the 42nd Amendment. The question tests knowledge of this landmark amendment and its specific constitutional impact.

Question 20

Article 32 of the Indian Constitution, which guarantees the right to constitutional remedies, can be suspended during a national emergency under which article?

Accepted Answer

Article 32 guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights. However, Article 359 of the Constitution permits the President to suspend the right to move any court for the enforcement of rights conferred by Part III (Fundamental Rights) during a proclamation of national emergency. This is a critical distinction: Article 32 itself cannot be suspended, but the right to move courts under Article 32 can be suspended via Article 359. This tests deep constitutional knowledge about emergency provisions.

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