Fundamental Rights MCQ Quiz - Objective Question with Answer for Fundamental Rights - Download Free PDF

The correct answer is They are Justiciable.

Key Points

• “Rights are those conditions of social life without which no man seeks to be himself at his best”- Harold Laski.
• The fundamental rights are meant for promoting the idea of political democracy.  
• Fundamental rights are those rights without which no person can enjoy his existence on earth.
• They are derived from the constitution of the USA- the Bill of Rights. 
• Part 3 of the Indian Constitution is also described as the Magna Carta of India as it contains a long and comprehensive list of fundamental rights.

 Features of fundamental rights

• They are an integral part of the Indian Constitution.
• They are not absolute and are qualified. 
• There are limitations based on reasonable actions for the collective interest of society.
• They are Justiciable meaning they can be enforced in a court of law.
• They can be amended which means they are not sacrosanct and permanent. however, some fundamental rights are so crucial that they cannot be amended by the Parliament and forms part of the basic structure of the Indian Constitution.
• They can be suspended during an Emergency except for articles 20 and 21. 
• Fundamental rights enjoy superior to ordinary laws. 
• The guarantee some special rights to the minority section like women, children, and weaker section of the society.
• They are not based on the theory of natural rights. 
• The Right to Property is not a fundamental right and became a constitutional right under Article 300A by the 44th Amendment 1978. 

Right to Education Act

• The Constitution (Eighty-six Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
• The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
• Article 21-A and the RTE Act came into effect on 1 April 2010.
• The title of the RTE Act incorporates the words ‘free and compulsory’.
• ‘Free education means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
• ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
• With this, India has moved forward to a rights-based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

Key Points

Main Features of Right to Education (RTE) Act, 2009

• Free and compulsory education to all children of India in the 6 to 14 age group.
• No child shall be held back, expelled or required to pass a board examination until the completion of elementary education.
• If a child above 6 years of age has not been admitted in any school or could not complete his or her elementary education, then he or she shall be admitted in a class appropriate to his or her age. However, if a case may be where a child is directly admitted in the class appropriate to his or her age, then, in order to be at par with others, he or she shall have a right to receive special training within such time limits as may be prescribed. Provided further that a child so admitted to elementary education shall be entitled to free education till the completion of elementary education even after 14 years.
• Proof of age for admission: For the purpose of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the Provisions of Birth. Deaths and Marriages Registration Act 1856, or on the basis of such other document as may be prescribed. No child shall be denied admission in a school for lack of age proof.
• A child who completes elementary education shall be awarded a certificate.
• Call needs to be taken for a fixed student-teacher ratio.
• Twenty-five per cent reservation for economically disadvantaged communities in admission to Class I in all private schools is to be done.
• Improvement in the quality of education is important.
• School teachers will need adequate professional degree within five years or else will lose the job.
• School infrastructure (where there is a problem) need to be improved in every 3 years, else recognition will be cancelled.
• The financial burden will be shared between the state and the central government.

Hence, we can conclude that RTE, Act‐ 2009 is based on Article 21A of the Constitution of India.

The correct answer is 15(2).

Key Points:

• Article 15: This Article guarantees the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth by the State. It also ensures equality in educational opportunities in India.
• Article 15(1) prohibits the State to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
• Article 15 (2) prohibits citizens on grounds only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition with regard to
  • access to shops, public restaurants, hotels, and palaces of public entertainment;
  • or the use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
• Article 15(3) empowered the state to make special provisions for the welfare of women and children
• ARTICLE 15 (4): It enabled the government to make special provisions for the advancement of backward classes including the Scheduled Castes (SCs) and Scheduled Tribes (STs). It also ensures the reservation in educational institutes for the SCs and the STs. 

Additional Information:

• Article 14: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex, or place of birth.
• Article 16: There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
• Article 17: Abolition of untouchability.
• Article 18:  Abolition of all titles except military and academic titles.

Important Points:

• Fundamental rights are the rights that are essential for the survival of people with dignity. 
• The Indian Constitution accommodates fundamental rights that are Justiciable subject to reasonable restrictions. 

There are six fundamental rights namely

1. Right to Equality (Article 14-18) 
2. Right to freedom (Article 19-22) 
3. Right against exploitation (Article 23 and 24) 
4. Right to freedom of religion (Article 25-28) 
5. Cultural and educational rights (Article 29 and 30) 
6. Rights to constitutional remedies (Article 32)

The correct answer is Supreme Court.

Key Points

• The body which acts as the guardian of Fundamental Rights is the Supreme Court. The court protects the Fundamental Rights of the citizens from being exploited.
• The Supreme Court, as the Guardian of Fundamental Rights, can declare any law null and void if it violates fundamental rights.

Important Points

•   Article 32 of the Constitution (Right to Constitutional Remedies): It is a  fundamental right, which states that individuals have the right to approach the Supreme Court (SC) seeking enforcement of other fundamental rights recognized by the Constitution.
• Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose.
• The Supreme Court stands at the apex of the judicial system of the country.
  • Article 124 provides for the establishment and constitution of the Supreme court.
  • Established as the Supreme court of India on 28th January 1950.
  • Also known as the 'guardian of our Constitution.
  • Also known as 'court of record'.
• The Chief Justice and other Judges of the Indian Supreme Court are appointed by the President
• The power to increase or decrease the number of judges of the supreme court rests with the Parliament.
• After the appointment of the new four justices on 18 September 2019, the strength of the Supreme court increases from 30 to 34.
• The chief justice of India is the head of the Supreme Court of India.
• The appointment of judges other than the chief justice, the chief justice of India shall always be consulted.

Additional Information ​ 

• The Judges of the Supreme Court can be removed only by the Parliament by the procedure established by Law.
  • A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior or incapacity.
  • A motion containing the charges against the judge must be approved by a special majority in both Houses of Parliament.
  • After the motion passed by both the houses by a special majority, it will be sent to the President.
  • Finally, the President gives his order of removal o the judge concerned.

The correct answer is the Right to freedom of speech and expression.

• Article 19 of the Indian Constitution includes the Right to freedom of speech and expression.

Key Points

• Article 19 deals with the six Fundamental Rights. They are:
  • Right to freedom of speech and expression.
  • Right to assemble peacefully and without arms.
  • Right to form association or unions or co-operatives.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Right to practice any profession or to carry on any occupation, trade or business.
• Fundamental Rights:
  • The Fundamental Rights have been described in Articles 12-35, Part III of the Indian Constitution.
  • The Right to Property (Article 31) was deleted from the list of Fundamental Rights.
    • By the 44th Amendment Act, 1978, it is made a normal constitutional right under Act 300A in Part XII of the Constitution

Additional Information

• Right to Constitutional Remedies is enumerated in Articles 32-35.
• Right against exploitation is enumerated in Articles 23 and 24.
• The right to freedom of Religion is enumerated in Articles 25-28.
• Fundamental Rights that are available to citizens only and not to foreigners: Article 15,16, 19, 29 and 30.

The correct answer is Education.

Key Points

• There are six fundamental rights enshrined in Part III (Articles 12 to 35) of the constitution of India.
• Fundamental rights apply universally to all citizens, irrespective of race, birthplace, religion, caste or gender.
• Article 21A of the Constitution of India provides the Right to Education.
• The RTE Act of the Parliament of India was enacted on 4 August 2009 and came into force on 1 April 2010.
• The Constitution (86th Amendment) Act, 2002 inserted Article 21A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right.

Additional Information

• The Fundamental Rights enshrined in the Constitution are-

The correct answer is 5.

Important Points

The Right to Equality provides:

• For the equal treatment of everyone before the law
• Prevent discrimination on various grounds
• Treats everybody as equals in matters of public employment  
• Abolish untouchability and titles

The article mentioned under the right to equality

The correct answer is the Right to freedom of speech and expression.

• Article 19 of the Indian Constitution includes the Right to freedom of speech and expression.

Key Points

• Article 19 deals with the six Fundamental Rights. They are:
  • Right to freedom of speech and expression.
  • Right to assemble peacefully and without arms.
  • Right to form association or unions or co-operatives.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Right to practice any profession or to carry on any occupation, trade or business.
• Fundamental Rights:
  • The Fundamental Rights have been described in Articles 12-35, Part III of the Indian Constitution.
  • The Right to Property (Article 31) was deleted from the list of Fundamental Rights.
    • By the 44th Amendment Act, 1978, it is made a normal constitutional right under Act 300A in Part XII of the Constitution

Additional Information

• Right to Constitutional Remedies is enumerated in Articles 32-35.
• Right against exploitation is enumerated in Articles 23 and 24.
• The right to freedom of Religion is enumerated in Articles 25-28.
• Fundamental Rights that are available to citizens only and not to foreigners: Article 15,16, 19, 29 and 30.

The correct answer is U.S. Constitution.

Important Points

The correct answer is Article 13.Key Points

• Article 13 deals with Laws Inconsistent with Fundamental Rights.
• Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
• It expressively provides for the doctrine of judicial review.
• This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.

Additional Information

• There are six Fundamental Rights

The correct answer is Article 21.Key Points

• According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”
• This fundamental right is available to every person, citizens and foreigners alike.
• Article 21 provides two rights:
  • Right to life
  • Right to personal liberty
• The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees.
• The Supreme Court of India has described this right as the ‘heart of fundamental rights’. 
• The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc.

Additional Information

The correct answer is JS Khehar.

Important Points

• JS Khehar headed the nine-judge constitutional bench that declared the right to privacy as a fundamental right.
• Protected under the constitution of India on 24 August 2017, the Supreme Court of India made a historic judgment and declared the right to privacy as a fundamental right.
• Jagdish Singh Khehar was the former and 44th Chief Justice of India. He was appointed as the CJI in the year 2017.

Additional Information

• Justice Dipak Misra was the former and 45th Chief Justice of India. He played an important role in legalizing gay sex and in the removal of section 377.

The correct answer is Australia.

• Australia was the earliest to give women the right to vote.
• On September 19, 1893, the governor Lord Glasgow, signed a new Electoral Act into law. New Zealand became the first self-governing country in the world to grant women the right to vote in parliamentary elections.
• Nine years later, Australia followed suit and also passed a suffrage act for women, after independence from Great Britain.
• This act took effect in 1902, and though it did apply to all women in the new country, aboriginal women were left out.
• Aborigines, male and female, did not have the right to vote until 1962.

Important Points 

• New Zealand: It was the first country to give women the right to vote. 
• Australia: It was the second country to give women the right to vote.
• Finland: It was the first European country to give women the right to vote.

New Zealand is not given in the options so our correct answer will be Australia.

The correct answer is Option 3.

Key Points

• Fundamental rights available to citizens not to foreigners:
• Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (article 15).
• Equality of opportunity in matters of public employment (article 16).
• Protection of six rights regarding freedom of (speech and expression, (ii) assembly (iii) association, (iv) movement (v) residence and profession (article 19).
• Protection of language, script and culture of minorities (article 29).
• Right of minorities to establish and administer educational institutions (article 30).

Additional Information 

• Fundamental rights are enshrined in part III of the constitution from article 12 to 35. 
• These rights are taken from the constitution of USA.
• These rights are provided to all the citizens of the country without any discrimination. 
• These rights made the part III of the Indian constitution as the Magna-Carta of India.

The correct answer is Article 19.

• There are six Fundamental Rights in the Indian Constitution and they are as follows:
  • Right to equality
  • Right to freedom
  • Right against exploitation
  • Right to freedom of religion
  • Cultural and educational rights
  • Right to constitutional remedies
• Articles 19 to 22 comes under the Right to freedom of the Fundamental Right of the Indian Constitution