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PYQP – Polity – Fundamental Rights

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UPSC – CSE Prelims 2024

 

EASY

POLITY – FUNDAMENTAL RIGHTS

1. A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:

(a) a government officer prohibiting him from taking a particular action.

(b) the Parliament/Legislative Assembly to pass a law on Prohibition.

(c) the lower court prohibiting continuation of proceedings in a case.

(d) the Government prohibiting it from following an unconstitutional policy.

Ans. (c)

PRELIMS 2024 GS Paper I Comprehensive Test 1

Which of the following writ can be issued only against judicial and quasi-judicial authorities and is not available against administrative authorities, legislative bodies, and private individuals or bodies?

1.       Certiorari            

2.       Prohibition

3.       Habeas Corpus   

4.       Mandamus

Select the correct answer from the codes given below

(a)          1 and 3 only

(b)          1 and 2 only

(c)          2 only

(d)          1, 2 and 4 only

Ans. (b)

Prohibition

  • It stands for “to forbid”
  • The writ aims to stop the judicial, quasi-judicial authorities along with tribunals from exceeding their authority.
  • It works opposite to mandamus as it directs the authority to prohibit any activity.
  • The higher court can issue this against the lower court.
  • The objective to direct the inactivity is to prevent the excessive application of one’s jurisdiction.
  •  It cannot be invoked against legislative bodies, administrative bodies and private individuals.

EASY

POLITY – FUNDAMENTAL RIGHTS

2. Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

(a) Article 15

(b) Article 16

(c) Article 19

(d) Article 21

Ans. (d)

POLITY TEST – Fundamental Rights

Right to Privacy’ is protected under which Article of the Constitution of India? (UPSC CSE 2021)

(a)   Article 15

(b)   Article 16

(c)   Article 21

(d)   Article 29

Ans. (c)

Right to Privacy

K.S. Puttaswamy v. Union of India in 2017

  • The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017 that – Right to Privacy is a fundamental and inalienable right and attaches to the person covering all information about that person and the choices that he/ she makes. 
  •  The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

 UPSC – CSE Prelims 2023

 

POLITY – FUNDAMENTAL RIGHTS

3. In essence, what does ‘Due Process of Law’ mean?

(a) The principle of natural justice

(b) The procedure established by law

(c) Fair application of law

(d) Equality before law

Answer: C

Due process refers to just, rational, fair, and fair treatment under the regular judicial process. For instance, the accused must be given the chance to present their own defence before being sentenced.

The “Procedure Established by Law” means that a law duly enacted by the legislature or the concerned body is valid only if the correct procedure has been followed to the letter.

“Due Process of Law” is a doctrine that not only checks if there is a law to deprive the life and personal liberty of a person but also ensures that the law is made fair and just.

 

UPSC – CSE Prelims 2019

 

POLITY – FUNDAMENTAL RIGHTS

1. In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?

(a) Protection against the tyranny of political rulers

(b) Absence of restraint

(c) Opportunity to do whatever one likes

(d) Opportunity to develop oneself fully

Ans: (d)

  • The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
  • Liberty, as elaborated in the Preamble, is very essential for the successful functioning of the Indian democratic system.
  • However, liberty does not mean ‘license’ to do what one likes and has to be enjoyed within the limitations mentioned in the Constitution itself.
  • In brief, the liberty conceived by the Preamble or fundamental rights is not absolute but qualified.
  • Hence in the above question the most appropriate definition of liberty is to provide opportunity to develop oneself fully.

 

2. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice ?

(a) Article 19              

(b) Article 21 

(c) Article 25                

(d) Article 29

Ans: (b)

  • In the Lata singh vs. state of Uttar Pradesh case ,the Supreme Court viewed the right to marry as a component of right to life under Article 21 of Indian Constitution.
  • Article 21 states that “No person shall be deprived of his life and personal liberty except according to procedure established by law”.
  • Article 19 embodies the “basic freedoms” such as protection of certain rights regarding freedom of speech, etc.
  • Article 25 says “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 Indian Constitution grants protection to both religious minorities as well as linguistic minorities.
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