Q1.Which of the following statements is correct about Fundamental Rights:

1. If a Fundamental Right is violated then the citizen can directly approach the Supreme Court or the High Court of a state
2. Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government.

Select the correct answer using the code given below:

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Explanation:

It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. When any of our rights are violated we can seek remedy through courts. If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state. That is why Dr. Ambedkar called the Right to Constitutional Remedies, ‘the heart and soul’ of our Constitution. Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government. There can be no law or action that violates the Fundamental Rights.

Q2. Consider the following statements related to ‘Right to Freedom of Religion’:

1. It does not include a right to convert another person to one’s own religion.
2. Religious practices like sacrificing animals or human beings are also not-permissible.
3. The Constitution has guaranteed the right to propagate one’s religion.
4. The freedom of religion is an unlimited right.

Select the correct answer from the code below:

1. 1, 2 and 3 only
2. 1, 2 and 4 only
3. 1, 3 and 4 only
4. 2, 3 and 4 only

Explanation:

Freedom of religion includes the freedom to profess, follow and propagate any religion. Freedom of religion is subject to certain limitations. The government can impose restrictions on the practice of freedom of religion in order to protect public order, morality and health. This means that the freedom of religion is not an unlimited right. The government can interfere in religious matters for rooting out certain social evils. For example in the past, the government has taken steps banning practices like sati, bigamy or human sacrifice. Such restrictions cannot be opposed in the name of interference in right to freedom of religion.

The Constitution does not allow forcible conversions.

Q3. ‘The Right to Property’ was under major controversy since its inception in the Constitution of India. With regard to its present position, consider the following:

1. It is a Constitutional right.
2. The Supreme Court can issue writ jurisdiction, for the violation of the right.
3. The right to property was deleted from Fundamental Rights by the 42th Amendment Act, 1976.

Select the correct answer from the code below:

1. 3 Only
2. 1 Only
3. 1 and 2 Only
4. 1 and 3 Only

Explanation:

Since 1950, government made many laws that limited this right to property. This right was at the centre of the long debate over the relationship between rights and directive principles. Finally, in 1973, the Supreme Court gave a decision that the right to property was not part of the basic structure of the Constitution and therefore, parliament had power to abridge this right by an amendment.

In 1978, the 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal (constitutional) right.

Q4.Consider the following statements related to provisions of writs in Indian Constitution:

1. Writ of quo-warranto can be issued if a person holds an office beyond his retirement age.
2. Writ of Prohibition is issued by a lower court when a higher court has considered a case going beyond its jurisdiction.

Select the correct answer using the code given below:

1. 1 only
2. 2 only
3. Both 1 and 2 only
4. Neither 1 nor 2

Explanation:

Quo Warranto is issued by the court if the court finds that a person is holding office but is not entitled to hold that office restricts that person from acting as an office holder and to enquire into the legality of claim of a person to a public office. The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.

A writ of Prohibition is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.

Q5.Which among the following fundamental right was considered as ‘heart and soul of the constitution’ by Dr. Ambedkar:

1. Right to life and personal liberty
2. Freedom of religion
3. Right to constitutional remedies
4. Cultural and educational Rights of minority groups

Explanation:

Dr. Ambedkar considered the right to constitutional remedies as ‘heart and soul of the constitution’. It is so because this right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation. The Supreme Court and the High Courts can issue orders and give directives to the government for the enforcement of rights.

Q6. Which among the following statements about Fundamental Rights vis-a-vis DPSP is/are correct:

1. Fundamental Rights exhort the government to do certain things while Directive Principles restrain the government from doing certain things
2. Fundamental Rights mainly protect the rights of individuals while directive principles ensure the well-being of the entire society

Select the correct answer from the code below:

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Explanation:

It is possible to see both Fundamental Rights and Directive Principles as complementary to each other. Fundamental Rights restrain the government from doing certain things while Directive Principles exhort the government to do certain things. Fundamental Rights mainly protect the rights of individuals while directive principles ensure the well-being of the entire society.

Q7.Consider the following statements and choose the correct ones:

1. Constitutions limit the power of government in many ways.
2. The most common way of limiting the power of government is to specify certain fundamental rights.
3. These rights cannot be limited under any circumstances.

Select the correct answer using the code below

1. 2 only
2. 2 and 3 only
3. 1 and 2 only
4. All of the above

Explanation:

Constitutions limit the power of government in many ways. The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizens and which no government can ever be allowed to violate. The exact content and interpretation of these rights varies from constitution to constitution. But most constitutions will protect a basic cluster of rights. Citizens will be protected from being arrested arbitrarily and for no reason. This is one basic limitation upon the power of government. Citizens will normally have the right to some basic liberties: to freedom of speech, freedom of conscience, freedom of association, freedom to conduct a trade or business etc. In practice, these rights can be limited during times of national emergency and the constitution specifies the circumstances under which these rights may be withdrawn.

Q8.Consider the following statements and choose the correct ones:

1.While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country.

2. Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself.
3. While ordinary rights have limitations Fundamental Rights are absolute.

Choose the correct answer using the code below

1. 1 and 3 only
2. 1 and 2 only
3. 2 only
4. All of the above

Explanation:

Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country. Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them. As we shall study below in this chapter, judiciary has the powers and responsibility to protect the fundamental rights from violations by actions of the government. Executive as well as legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict them in an unreasonable manner. However, fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.

Q9.Consider the following statements with respect to ‘Right to equality’ and choose the correct ones:

1. It provides for equal access to public places like shops, hotels, places of entertainment, wells, bathing ghats and places of worship.
2. There cannot be any discrimination in this access on the basis of caste, creed, colour, sex, religion, or place of birth only.
3. It also prohibits any discrimination in public employment on any basis even beyond any of the mentioned above.

Select the correct answer using the code below

1. 1 and 3 only
2. 1 and 2 only
3. 2 and 3 only
4. All of the above

Explanation:

Right to equality tries to do away with such and other discriminations. It provides for equal access to public places like shops, hotels, places of entertainment, wells, bathing ghats and places of worship. There cannot be any discrimination in this access on the basis of caste, creed, colour, sex, religion, or place of birth only. It also prohibits any discrimination in public employment on any of the above mentioned basis. This right is very important because our society did not practice equal access in the past. (The only word symbolizes that discrimination except the mentioned above are not violative of Fundamental Rights so can be made.)

Q10.Which of the following form the reasonable restriction in case of The Right to Freedom of Speech and Expression:

1. public order
2. peace
3. morality

Select the correct answer using the code below

1. 1 and 3 only
2. 1 and 2 only
3. 2 and 3 only
4. All of the above

Explanation:

The right to freedom of speech and expression is subject to restrictions such as public order, peace and morality etc.