Fundamental Rights: UPSC Previous Year Questions (Polity)
This page lists 29 previous year UPSC Civil Services Preliminary Examination (General Studies Paper-I) questions on Fundamental Rights (Polity), asked between 1996 to 2024. Choose an option to see the correct answer and the full explanation on the same page.
Showing 1–10 of 29 questions
UPSC 2024Polity · Fundamental Rights
Q1. A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
Explanation
A Writ of Prohibition is a judicial order issued by the Supreme Court or High Courts to a lower court or tribunal, directing it to stop continuing proceedings in a case that exceeds its jurisdiction or is legally improper. It is issued before a lower court delivers its judgment. It is a preventive writ, stopping a court from acting beyond its powers. The Supreme Court can issue it under Article 32, and the High Courts can issue it under Article 226 of the Constitution of India.
Additional insight:
Habeas Corpus, a Latin term meaning "to produce the body," is a court order requiring that a detained individual be brought before the court within 24 hours to assess the legality of their detention. If detention is found illegal, the person is released; otherwise, they remain in custody. Mandamus, a Latin term meaning "command," is a writ issued by higher courts to ensure public officials fulfil their duties. It cannot be granted against private individuals or companies but is directed at public authorities, companies, tribunals, or lower courts, compelling them to perform their obligations or refrain from specific actions. Quo Warranto means "by what authority." This writ allows anyone, not just the aggrieved party, to challenge a person’s legal right to hold a public office. It cannot be issued against ministerial offices. Certiorari, meaning "certified," is a writ issued by the High Court or Supreme Court to a lower court or tribunal to transfer a case for review or appeal.
UPSC 2024Polity · Fundamental Rights
Q2. Under which of the following Articles of the Constitution of India has the Supreme Court of India placed the Right to Privacy?
Explanation
The Constitution of India does not specifically guarantee a right to privacy. However, through various judgments over the years, the Courts of the country have interpreted the other rights in the Constitution to give rise to a (limited) right to privacy--primarily through Article 21--the right to life and liberty. In Justice K.S. Puttaswamy vs. Union of India (2017), the Supreme Court unanimously ruled that privacy is a fundamental right protected under Article 21 and Part III of the Constitution, affirming its intrinsic link to life, personal liberty, and fundamental freedoms. The Bench also ruled that the right to privacy is not absolute but is subject to reasonable restrictions (as is every other fundamental right).
UPSC 2022Polity · Fundamental Rights
Q3. With reference to the writs issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty. 2. Mandamus will not lie against a Company even though it may be a Government Company. 3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto. Which of the statements given above are correct?
Explanation
Statement 1 is correct: The word Mandamus means "we command". It directs activity and commands issued by the court to public officials asking him to perform. It is issued against any public body, corporation, inferior court, tribunal or government for the same purpose. Mandamus cannot be issued against a private individual or body.
Statement 2 is incorrect: In specific situations, Mandamus can be used against a government corporation and/or company and if a private entity till it is entrusted with a public duty. Supreme Court in Pradeep Kumar Biwas vs Indian Institute of Chemical Biology 2002 has deliberated upon this in detail.
Statement 3 is correct: The meaning of the word Quo Warranto is "By what authority or warrant". Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person. Note: UPSC has given Option (d) as the official answer.
Exam tip:
For S2, Mandamus will not lie" absolute claim "Even if it is a Govt company" denies any exception. This is a red flag. No flexibility = likely false. Can a govern-ment company ever be involved in a public duty? LOGIC says: YES. So, how can you say Mandamus will never lie against a Govt Co.? Hence likely false.
UPSC 2021Polity · Fundamental Rights
Q4. ‘Right to Privacy’ is protected under which Article of the Constitution of India?
Explanation
In K.S. Puttaswamy v. Union of India (2017), the Supreme Court ruled that the Right to Privacy is a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Court emphasized that privacy is integral to personal dignity and autonomy. It further held that privacy must be protected from arbitrary state actions, marking a significant expansion of constitutional rights in India.
Additional insight:
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, ensuring equality for all citizens. Article 19 guarantees fundamental freedoms, including the right to freedom of speech, assembly, and movement. Article 29 protects cultural and educational rights, safeguarding the rights of minorities to preserve their language, culture, and script.
UPSC 2021Polity · Fundamental Rights
Q5. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates one of the following Articles of the Constitution of India?
Explanation
Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws. If a legislation grants the executive or administrative authorities unguided and uncontrolled discretionary power, it violates the principle of rule of law and equality. This is because such unchecked discretion can lead to arbitrariness, which goes against the very essence of equality and fairness under Article 14. Therefore, any legislation with unrestrained discretionary powers could be deemed unconstitutional under Article 14.
Additional insight:
Article 28 (Fundamental Right): Prohibits religious instruction in educational institutions wholly funded by the State but allows it in institutions administered by religious groups. Article 32 (Fundamental Right): Provides the right to constitutional remedies, allowing individuals to approach the Supreme Court for the enforcement of fundamental rights. Article 44 (Directive Principles of State Policy):
Advocates for a Uniform Civil Code (UCC) to ensure uniform personal laws across all communities in India.
UPSC 2020Polity · Fundamental Rights
Q6. Which one of the following categories of Fundamental Rights incorporate protection against untouchability as a form of discrimination?
Explanation
The protection against untouchability is specifically provided under Article 17 of the Indian Constitution, which is part of the Right to Equality. Article 17 explicitly abolishes untouchability and makes its practice an offense. It is a direct form of discrimination based on caste, and its prohibition is a cornerstone of the right to equality in India. Articles 14 to 18 deals with ‘Right to Equality’:
Equality before Law (Article 14) Prohibition of discrimination based on grounds of religion, race, caste etc. (Article 15) Equality of opportunity in matters of public employment (Article 16) Abolition of Untouchability (Article 17) Abolition of titles (Article 18)
UPSC 2020Polity · Fundamental Rights
Q7. 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)? 1. Preamble 2. Directive Principles of State Policy 3. Fundamental Duties Select the correct answer using the code given below:
Explanation
Statement 1 is correct: The Preamble of the Indian Constitution reflects the principles of the Universal Declaration of Human Rights (UDHR) by emphasizing justice, liberty, equality, and fraternity. The Article 3 of Universal Declaration of Human Rights (UDHR) (1948) says that "Everyone has the right to life, liberty and security of person."
Statement 2 is correct: DPSPs are the principles that aim at providing social and economic justice and set the path towards the welfare state. This DPSP has a resemblance with UDHR Article 22. The article 22 of UDHR 1948 says that "Everyone, as a member of society, has the right to social security."
Statement 3 is correct: Fundamental duties (Article 51A) are basically civic and moral obligations of all citizens of India. Similarly Article 29 of the UDHR emphasizes the reciprocal relationship between individual rights and duties to the community.
Exam tip:
You can try, The "NOT" approach for all statements, this tests the improbability of negating a statement--if denying its impact seems highly unlikely, the statement is plausibly true.
UPSC 2019Polity · Fundamental Rights
Q8. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Explanation
Article 21 of the Constitution of India guarantees the "right to life and personal liberty", which the Supreme Court has interpreted to include the right to marry a person of one’s choice. In several landmark judgments, the Court has emphasized that this right is part of an individual’s personal liberty, and any interference with it must meet strict scrutiny under the Constitution. In the famous Hadiya case(Shafin Jahan v. Asokan K.M.), the court held that the right to choose a partner is essential to a person’s meaningful existence and autonomy.
Additional insight:
Right to Life: Ensures the protection of life and dignity, not just mere existence. Right to Personal Liberty: Prevents arbitrary arrest and detention, ensuring freedom of movement and choices. Right to Privacy: Recognized as a fundamental right (Puttaswamy case, 2017). Right to a Clean Environment: Includes protection against pollution and ecological degradation. Right to Live with Dignity: Covers humane conditions, health, and shelter. Right to Die with Dignity: Includes passive euthanasia. Protection Against Arbitrary State Actions: Any deprivation must follow due legal procedure.
UPSC 2018Polity · Fundamental Rights
Q9. Consider the following statements: 1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualification laid down by the concerned State Council of Teacher Education. 2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines. 3. In India, more than 90% of teacher education institutions are directly under the State Governments. Which of the statements given above is/are correct?
Explanation
Statement 1 is incorrect: The National Council for Teacher Education (NCTE) lays down the minimum qualifications for teachers, not the State Councils of Teacher Education.
Statement 2 is correct: The Teacher Eligibility Test (TET) is conducted as per NCTE guidelines and is a mandatory requirement for teaching primary classes in government and private schools.
Statement 3 is incorrect: More than 90% of teacher education institutions are privately managed, and only a small percentage are directly run by State Governments.
UPSC 2018Polity · Fundamental Rights
Q10. Consider the following statements: 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it. Which of the statements given above is/are correct?
Explanation
Statement 1 is correct: The Ninth Schedule and Article 31-B of the Indian Constitution was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. A law passed by the Parliament and inserted into the Ninth Schedule receives protection under Article 31-B (validation of certain Acts and Regulations) and is thus exempt from judicial review. However in IR Coelho vs State of Tamil Nadu, 2007, the SC ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution.
Statement 2 is incorrect: The mandate of Ninth schedule is to prevent judicial scrutiny but according to the Kesavananda Bharati Case, 1973, any violation with the ‘basic structure’ of the Constitution is open to challenge in court of law. Again in IR Coelho vs State of Tamil Nadu, 2007, the SC ruled that all laws (including those in the Ninth Schedule) after 24 April 1973 would be open to Judicial Review if they violated the basic structure of the constitution.
Exam tip:
For S2, it is well known fact that "everything " in India is under judicial review. Remember this! This clearly invalidates S2.
Answer key for these questions
Q
UPSC year
Correct answer
1
2024
(c) the lower court prohibiting the continuation of proceedings in a case.
2
2024
(d) Article 21
3
2022
(c) 1 and 3 only
4
2021
(c) Article 21
5
2021
(a) Article 14
6
2020
(d) Right to Equality
7
2020
(d) 1, 2 and 3
8
2019
(b) Article 21
9
2018
(b) 2 only
10
2018
(a) 1 only
Frequently asked questions
How many previous year UPSC questions are there on Fundamental Rights?
This page covers 29 previous year UPSC Prelims GS Paper-I questions on Fundamental Rights (Polity), asked between 1996 to 2024. Each has the correct answer and an explanation.
How should I use previous year UPSC questions for Prelims?
Attempt each question first, then open the answer and read the explanation for every option. Repeat by chapter, and track which statements UPSC reuses across years. Previous year questions show the exam pattern and difficulty level.
Which years are covered for Fundamental Rights?
Questions on Fundamental Rights (Polity) are available for 14 years, from 1996 to 2024. Use the Year filter to practise a single paper.
