Fundamental Rights: UPSC Previous Year Questions (Polity)
29 previous year UPSC Prelims questions on Fundamental Rights are on this page, from 1996 to 2024, across 14 different exam years. The recurring areas are Article 21 and the right to privacy, the writs under Articles 32 and 226, the Right to Equality in Articles 14 to 18, and the Right against Exploitation. The explanations show why each wrong option fails.
Explanations state facts as of the year each question was asked; words like “recently” refer to that year.
Showing 11–20 of 29 questions
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UPSC 2018Polity · Fundamental Rights
Q11. Which of the following are regarded as the main features of the "Rule of Law"? 1. Limitation of Powers 2. Equality before law 3. People’s responsibility to the Government 4. Liberty and civil rights Select the correct answer using the code given below:
Explanation
The concept of ‘Rule of Law’ was propounded by A.V.
Dicey. It is a cornerstone of democratic governance, ensuring that everyone, including government officials, is governed by law.
Statement 1, 2 and 4 are correct: The concept of ‘equality before law’ as enshrined in Article 14 of constitution is aligned with "Rule of Law" whose key features include:
Limitation of Powers: Government authority must be constrained by law to prevent misuse of power. Equality Before the Law: All individuals, irrespective of status, are equal before the law. Liberty and Civil Rights: The Rule of Law protects individual freedoms and rights, ensuring the state cannot infringe on them arbitrarily.
Statement 3 is incorrect: The government is responsible/ accountable to the people. While citizens have duties and responsibilities, the Rule of Law primarily focuses on how power is exercised by the government and how citizens are protected under the law.
Exam tip:
What is the logical relationship between rule of law and people’s responsibility? None!, Rule of Law is about government’s accountability to people, not the reverse. Hence S3 is clearly false, eliminates option A and D. For S1, Very basic meaning to "Rule of Law" -- laws restrict arbitrary power. This must be included.
UPSC 2018Polity · Fundamental Rights
Q12. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Explanation
Article 21 of the Indian Constitution deals with the protection of life and personal liberty. The Right to Privacy is a fundamental right under Article 21 of the Indian Constitution, ensuring individuals’ autonomy and protection against unwarranted state interference. It was affirmed as a constitutional right by the Supreme Court in the landmark 2017 Puttaswamy judgment.The right may be restricted only by state action that passes each of the three tests:
Such state action must have a legislative mandate; It must be pursuing a legitimate state purpose; and It must be proportionate.
UPSC 2017Polity · Fundamental Rights
Q13. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? 1. Prohibition of traffic in human beings and forced labour 2. Abolition of untouchability 3. Protection of the interests of minorities 4. Prohibition of employment of children in factories and mines Select the correct answer using the code given below:
Explanation
Statement 1 is correct: As under Article 23 (Right Against Exploitation) of the constitution, the expression ‘traffic in human beings’ includes: Selling and buying of men, women and children like goods, Immoral traffic in women and children, including prostitution, Devadasis, Slavery.
Statement 2 is incorrect: Abolition of Untouchability is provided in the Constitution of India but it comes under Right to Equality, under Article 17.
Statement 3 is incorrect: The Cultural and Educational Rights (under Articles 29 and 30) cover protection of interests of minorities; they don’t come under Rights Against Exploitation.
Statement 4 is correct: Article 24 (Right Against Exploitation) ensures prohibition of employment of children in factories etc. The Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights.
UPSC 2017Polity · Fundamental Rights
Q14. In the context of India, which one of the following is the correct relationship between Rights and Duties?
Explanation
In India, rights and duties are interdependent and complementary. The Constitution guarantees fundamental rights and duties, ensuring that individuals’ freedoms are balanced with responsibilities towards society. Rights, such as freedom of speech and equality, are linked with corresponding duties to prevent harm to others and maintain social order. Fundamental duties, like respecting the Constitution and upholding national sovereignty, are crucial for the stability of the state. Both rights and duties work together to promote justice, equality, and fraternity, as reflected in the Preamble, ensuring the progress and well-being of society and the nation. Similarly, One cannot enjoy their Right to a clean environment if others do not perform their duty of protecting and conserving the environment. Hence, Rights are correlative with Duties.
UPSC 2017Polity · Fundamental Rights
Q15. One of the implications of equality in society is the absence of:
Explanation
Option (a) is correct: Equality in the society can be maintained by ending the institutional system of inequality and ensuring absence of privileges. The lack of any special privileges for any individual is a concept related to Equality Before Law (which is a British Concept and denotes positive notion). This concept entails equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and no one is above the law, regardless of their status (rich or poor, high or low, official or not. Options (b), (c) and (d) are incorrect:
Absence of Restraint does not necessarily imply equality in society as restraining the actions of the society curtails the liberty of the individual. Absence of Competition in society may result in monopoly, which would not imply equality, rather inequality in the society. Absence of ideology does not imply equality in society. Ideology is a set of principles or beliefs of a group/institution in the society.
UPSC 2017Polity · Fundamental Rights
Q16. Which one of the following statements is correct?
Explanation
Rights are legal, social, or ethical entitlements that individuals possess, often protected by a constitution or laws. In a democracy, rights are claims of citizens against the state, ensuring that the government respects, protects, and upholds their freedoms and dignity. These rights limit the state’s power to interfere in citizens’ personal lives. In India, Fundamental Rights, enshrined in Part III of the Constitution, safeguard individual freedoms by preventing unjust state actions that violate these rights. John Locke argued that natural rights such as life, liberty, and property must be protected by the state.
UPSC 2011Polity · Fundamental Rights
Q17. In India, if a religious sect/community is given the status of a national minority, what special advantages is it entitled to? 1. It can establish and administer exclusive educational institutions. 2. The President of India automatically nominates a representative of the community to Lok Sabha. 3. It can derive benefits from the Prime Minister’s 15-Point Programme. Which of the statements given above is/are correct?
Explanation
Statement 1 is correct: Though the Constitution of India does not define the term ‘minorities’. Article 30 of the Constitution mandates that all minorities have the right to establish and administer educational institutions of their choice.
Statement 2 is incorrect: As per the constitution, there is no provision of communal representation in Lok Sabha.
Statement 3 is correct: The objective of the Prime Minister’s 15-Point Programme is to enhance opportunities for education and ensure an equitable share for minorities in economic activities and employment, through existing and new schemes, enhanced credit support for self-employment, and recruitment to State and Central Government jobs in those districts which have substantial minority populations.
UPSC 2011Polity · Fundamental Rights
Q18. Consider the following: 1. Right to education 2. Right to equal access to public service 3. Right to food Which of the above is/are Human Right/Human Rights under "Universal Declaration of Human Rights"?
Explanation
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, enshrines several fundamental human rights. Let’s analyze each of the given rights:
Right to Education: Article 26 of UDHR explicitly recognizes the right to education. It states that education shall be free, at least in the elementary and fundamental stages, and that higher education shall be equally accessible to all based on merit. Right to Equal Access to Public Service: Article 21(2) of UDHR guarantees that everyone has the right to equal access to public service in their country. This ensures that no one is discriminated against in accessing government-provided services. Right to Food: Article 25(1) of UDHR recognizes the right to an adequate standard of living, including food, clothing, housing, and medical care. This establishes food as a fundamental human right necessary for survival and well-being.
UPSC 2010Polity · Fundamental Rights
Q19. With reference to the United Nations Convention on the Rights of the Child, consider the following: 1. The Rights of Development 2. The Right to Expression 3. The Right to Recreation Which of the above is/are the Rights of the child?
Explanation
The United Nations Convention on the Rights of the Child (UNCRC), adopted in 1989, is a comprehensive human rights treaty that recognizes the full range of rights for children. The Convention outlines four broad categories of rights for children:- Survival Rights include the child’s right to life, adequate nutrition, healthcare, and a standard of living adequate for development. Development Rights encompass the right to education, access to information, and opportunities for personal, cultural, and social development. Participation Rights include the child’s right to freedom of expression, thought, association, and participation in decisions affecting their lives. Protection Rights safeguard children from exploitation, abuse, and harm. The Right to Recreation is included under development rights, while the Right to Expression falls under participation rights. Together, all three options: development, expression, and recreation are recognized as rights of the child under the UNCRC.
UPSC 2005Polity · Fundamental Rights
Q20. Consider the following statements: 1. Article 301 pertains to the Right to Property. 2. Right to Property is a legal right but not a Fundamental Right. 3. Article 300 A was inserted in the Constitution of India by the Congress Government at the Centre by the 44th Constitutional Amendment. Which of the statements given above is/are correct?
Explanation
Statement 1 is incorrect: Article 301 pertains to the freedom of trade, commerce, and intercourse throughout India, not the Right to Property. Currently, The Right to Property is covered under Article 300A of the Indian Constitution.
Statement 2 is Correct: The Right to Property, initially a Fundamental Right under Article 31, was made a legal right through the 44th Constitutional Amendment Act of 1978 and placed under Article 300A.
Statement 3 is Incorrect: Article 300A was indeed inserted by the 44th Constitutional Amendment Act of 1978, but not by the Congress government. The 44th Amendment removed the Right to Property from the list of Fundamental Rights and made it a legal right under Article 300A. This change was made during the Janata Party government, not the Congress Party government.
Answer key for these questions
Q
UPSC year
Correct answer
11
2018
(c) 1, 2 and 4 only
12
2018
(c) Article 21 and the freedoms guaranteed in Part III
13
2017
(c) 1 and 4 only
14
2017
(a) Rights are correlative with Duties.
15
2017
(a) Privileges
16
2017
(c) Rights are claims of the citizens against the State.
17
2011
(c) 1 and 3 only
18
2011
(d) 1, 2 and 3
19
2010
(d) 1, 2 and 3
20
2005
(a) 2 only
What UPSC has tested in Fundamental Rights
The right to privacy is protected under Article 21 and Part III, as held in K.S. Puttaswamy v. Union of India (2017); the right to marry a person of one’s choice also sits in Article 21.
The Right to Equality is granted by Articles 14 to 18; untouchability is abolished by Article 17.
Article 24 forbids employing a child below fourteen in a factory or mine.
Dr. B.R. Ambedkar called the Right to Constitutional Remedies, Article 32, the heart and soul of the Constitution.
Mandamus does not lie against a private body unless it performs a public duty; prohibition is issued to a lower court.
Freedom of trade and profession under Article 19 is available to citizens, so a foreign national cannot claim it.
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 from 1996 to 2024. Each has the correct answer and an explanation.
Under which Article is the right to privacy protected?
Article 21, the right to life and personal liberty. A nine-judge Supreme Court bench held in K.S. Puttaswamy v. Union of India (2017) that privacy is an intrinsic part of Article 21 and of the freedoms guaranteed in Part III.
Which Articles make up the Right to Equality?
Articles 14 to 18: equality before law, no discrimination on grounds such as religion or caste, equality of opportunity in public employment, abolition of untouchability under Article 17, and abolition of titles under Article 18.
Which writs can the Supreme Court and High Courts issue?
Five: habeas corpus, mandamus, prohibition, certiorari and quo warranto. The Supreme Court issues them under Article 32 for Fundamental Rights, and High Courts under Article 226, which also covers other legal rights.
Which Fundamental Rights are available to foreigners?
Rights given to “any person”, such as Articles 14, 20, 21 and 25, apply to foreigners too. Articles 15, 16, 19, 29 and 30 are for citizens only, so a foreigner cannot claim the freedom of trade under Article 19.
