Q41. Which of the following is a correct statement regarding cultural and educational rights?
Fundamental Rights: RAS Prelims MCQs
96 RAS Prelims MCQs on the Fundamental Rights in Part III test article numbers, exceptions and the limits on each right. Equality under Articles 14 to 18, the six freedoms of Article 19, the protections in Articles 20 to 22, religious and cultural rights and the doctrine of eclipse are asked as facts, statements and sequences.
Practice questions based on the RPSC RAS Prelims syllabus. They follow the exam pattern but are not past-paper questions.
Showing 41–50 of 96 questions
Q42. Consider the following statements regarding the features of writs:
I. Mandamus cannot be issued against a private individual.
II. Prohibition can only be issued against judicial and quasi-judicial authorities.
III. Certiorari can be issued against administrative authorities affecting rights of individuals.
IV. Quo Warranto can be sought by any interested person, not necessarily the aggrieved person.
V. Habeas Corpus cannot be issued against a private individual.
Which of the above statement(s) is/are incorrect?
I. Mandamus cannot be issued against a private individual.
II. Prohibition can only be issued against judicial and quasi-judicial authorities.
III. Certiorari can be issued against administrative authorities affecting rights of individuals.
IV. Quo Warranto can be sought by any interested person, not necessarily the aggrieved person.
V. Habeas Corpus cannot be issued against a private individual.
Which of the above statement(s) is/are incorrect?
Explanation
One statement is incorrect because the writ of Habeas Corpus can indeed be issued against both public authorities and private individuals. This writ is a powerful tool to protect personal liberty against any form of unlawful detention. Other statements correctly describe the scope of Mandamus, Prohibition, Certiorari, and Quo Warranto as per settled Indian constitutional jurisprudence and various landmark judicial precedents.
Q43. Which of the following does NOT constitute an exception to the general rule of equality under Article 14?
Explanation
Article 14 allows for reasonable classification based on intelligible differentia but prohibits arbitrary discrimination. While the President, foreign diplomats, and reasonable statutory classifications are recognized exceptions, differential treatment based solely on birthplace is generally prohibited under the right to equality. Such a distinction would violate the non-discrimination principles enshrined in both Articles 14 and 15 of the Constitution.
Q44. The principle of Rule of Law is embodied in which Article of the Constitution?
Explanation
Article 14 embodies the Rule of Law, a concept popularized by A.V. Dicey. It ensures that the law is supreme and that no person is above the law. This article includes two aspects: equality before the law and equal protection of the laws. Together, they form the bedrock of the Indian democratic system, preventing arbitrary exercise of power by the State.
Q45. What is the most appropriate definition of a minority for the purpose of Article 30 in India?
Explanation
In the T.M.A. Pai Foundation case, the Supreme Court clarified that for the purposes of Article 30, a minority is determined in relation to the population of the State, not the whole of India. Since reorganization of states occurred on linguistic lines, the state is the appropriate unit to identify both linguistic and religious minorities entitled to constitutional protections.
Q46. Consider the following rights under Article 26:
I. Right to establish and maintain institutions for religious and charitable purposes.
II. Right to acquire movable and immovable property.
III. Right to administer such property in accordance with law.
Which of the above right(s) is/are subject to public order, morality, and health?
I. Right to establish and maintain institutions for religious and charitable purposes.
II. Right to acquire movable and immovable property.
III. Right to administer such property in accordance with law.
Which of the above right(s) is/are subject to public order, morality, and health?
Explanation
Article 26 guarantees collective religious rights to denominations. However, all rights under this article, including establishing institutions, acquiring property, and administering property, are expressly subject to public order, morality, and health. This ensures that while religious groups enjoy autonomy, their activities must not jeopardize the general welfare of society or the foundational values of the Constitution.
Q47. During the proclamation of National Emergency under Article 352, which Fundamental Rights cannot be suspended?
Explanation
Following the 44th Amendment Act of 1978, the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Articles 20 and 21, even during a National Emergency. Article 20 relates to protection in respect of conviction for offences, and Article 21 relates to the right to life and personal liberty, representing non-derogable rights.
Q48. Consider the following statements:
Statement I: The judiciary is explicitly mentioned under the definition of State in Article 12 of the Constitution.
Statement II: The Supreme Court has ruled that courts act as State when performing administrative functions, but not when exercising judicial functions.
Which of the following is correct?
Statement I: The judiciary is explicitly mentioned under the definition of State in Article 12 of the Constitution.
Statement II: The Supreme Court has ruled that courts act as State when performing administrative functions, but not when exercising judicial functions.
Which of the following is correct?
Explanation
Article 12 does not explicitly mention the judiciary in its definition of State. However, through judicial interpretation, the Supreme Court has clarified that when courts perform administrative functions, they fall under the definition of State. Conversely, while performing judicial functions, such as delivering judgments, they are not considered State within the meaning of Article 12 or the Bill of Rights.
Q49. Which of the following statements regarding Article 28 (freedom as to attendance at religious instruction) is incorrect?
Explanation
Under Article 28, no religious instruction may be given in institutions wholly maintained by the State, and a person in a recognised institution cannot be forced to attend religious instruction. So the statement that students can be compelled to attend it is incorrect.
Q50. If a citizen’s fundamental right under Article 19 is violated by a private individual without any state backing, what is the immediate effect regarding constitutional remedies?
Explanation
Fundamental Rights, including those under Article 19, are primarily protections against State action. If a private individual violates another person’s rights without any State involvement, the constitutional remedy under Article 32 is not typically available. In such cases, the aggrieved person must seek remedies under ordinary civil or criminal laws rather than filing a writ petition for a fundamental rights violation.Answer key for these questions
| Q | Correct answer |
|---|---|
| 41 | (d) The State cannot discriminate against minority management in granting financial aid. |
| 42 | (c) V only |
| 43 | (c) Differential treatment based solely on the birthplace of a citizen |
| 44 | (c) Article 14 |
| 45 | (b) A group with less than 50% population in a specific State. |
| 46 | (d) I, II, and III |
| 47 | (c) Articles 20 and 21 |
| 48 | (d) Statement I is incorrect but Statement II is correct |
| 49 | (d) In educational institutions recognized by the State, students can be compelled to attend religious instruction. |
| 50 | (c) The citizen cannot invoke Article 32 as fundamental rights are generally enforced against the State. |
Key facts from Fundamental Rights
- Part III of the Constitution deals with Fundamental Rights, and the concept was inspired by the United States.
- Article 15 prohibits discrimination on grounds only of religion, race, caste, sex or place of birth; Article 17 abolishes untouchability.
- Article 20 gives protection against ex post facto laws, double jeopardy and self-incrimination, in that order.
- Article 22 requires production before a magistrate within 24 hours, but not for enemy aliens or preventive detention.
- Article 23 prohibits human trafficking and forced labour; Article 30 protects the right of minorities to run educational institutions.
- The doctrine of eclipse is linked with Article 13.
Frequently asked questions
How many RAS Prelims practice MCQs are there on Fundamental Rights?
This page has 96 practice MCQs on Fundamental Rights (Indian Polity and Governance). Each has the correct answer, and most have an explanation.
Which Article prohibits human trafficking and forced labour?
Article 23. It prohibits traffic in human beings, begar and other forced labour, and makes any contravention an offence punishable by law, while allowing the State to impose compulsory service for public purposes.
What does Article 20 protect against?
Three things: conviction under an ex post facto law (clause 1), double jeopardy (clause 2) and compulsion to be a witness against oneself (clause 3). The right against self-incrimination applies to criminal proceedings only.
Who is not covered by the 24-hour rule of Article 22?
Enemy aliens and persons arrested under preventive detention laws. Article 22 requires an arrested person to be produced before the nearest magistrate within 24 hours, but these two groups are excluded from that safeguard.