Preamble, Fundamental Rights, DPSP & Duties: previous-year questions

Answer: (A) Article 17

Article 17 abolishes untouchability and forbids its practice in any form; it is one of the few Fundamental Rights enforceable against private individuals as well as the State. Parliament gave effect to it through the Untouchability (Offences) Act, 1955, renamed the Protection of Civil Rights Act in 1976, and later the SC and ST (Prevention of Atrocities) Act, 1989. The Right to Equality runs from Article 14 to 18: 14, equality before law; 15, no discrimination on grounds of religion, race, caste, sex or place of birth; 16, equality of opportunity in public employment; 17, abolition of untouchability; 18, abolition of titles (option C). Article 19 guarantees the six freedoms and Article 21 protects life and personal liberty.

Answer: (C) It is a fundamental right confirmed by the Supreme Court of India.

In Justice K.S. Puttaswamy (Retd.) v. Union of India (24 August 2017) a nine-judge bench of the Supreme Court unanimously held that the right to privacy is a fundamental right, part of the right to life and personal liberty under Article 21 and of the freedoms in Part III. It overruled M.P. Sharma (1954) and Kharak Singh (1962) to the extent that they had denied such a right, so option B states the old position. Any restriction must satisfy the tests of legality, legitimate aim and proportionality. It is not merely statutory (A): the Digital Personal Data Protection Act, 2023 regulates data protection, but the right itself flows from the Constitution. Other rights read into Article 21 include livelihood, a clean environment, speedy trial and legal aid.

Answer: (B) 1976

The words 'socialist' and 'secular' (and 'integrity') were inserted into the Preamble by the 42nd Amendment Act, 1976. The other years do not correspond to any amendment of the Preamble — it has been amended only once.

Answer: (B) Eleven

Answer as of 2023 — this may have changed since.

Article 51A lists eleven Fundamental Duties: ten were added by the 42nd Amendment, 1976, and the eleventh (education of children aged 6–14) by the 86th Amendment, 2002. Twelve, thirteen and nine do not match the current count.

Answer: (D) Certiorari

Certiorari literally means 'to be certified' or 'to be informed'; it is issued by a higher court to quash an order of a lower court or tribunal. Quo-warranto means 'by what authority', Mandamus 'we command' and Prohibition 'to forbid'.

Answer: (D) Article 29

Article 29 protects the interests of minorities by guaranteeing any section of citizens the right to conserve its distinct language, script or culture. Article 39 lists directive principles of policy, Article 49 protects monuments, and Article 59 lays down the President's conditions of office.

Answer: (B) Article 20

Article 20 protects persons against ex post facto criminal laws, double jeopardy and self-incrimination — protection in respect of conviction for offences. Article 19 deals with six freedoms, Article 25 with freedom of religion and Article 32 with constitutional remedies.

Answer: (A) Swaran Singh Committee

The Sardar Swaran Singh Committee (1976) recommended Fundamental Duties, which the 42nd Amendment inserted as Article 51A. The Narasimham committees dealt with banking reform, the Malhotra Committee with insurance, and the Raghavan Committee with competition law.

Answer: (B) The Berubari Union Case

In the Berubari Union case (1960) the Supreme Court said the Preamble is not a part of the Constitution. In Kesavananda Bharati (1973) the Court reversed this and held that the Preamble is a part of the Constitution, so (A) and (C) are wrong.

Answer: (A) U.S. Constitution

The idea of a Preamble beginning 'We, the People' was taken from the Constitution of the USA. The British Constitution is unwritten and has no Preamble, and the Swiss and Canadian constitutions were not its model.

Answer: (C) Article 14

Article 14 guarantees equality before law and equal protection of the laws. Article 19 deals with freedoms, Article 24 prohibits child labour in hazardous work, and Article 94 deals with the Speaker's vacation of office.

Answer: (B) Under both Preamble and Directive Principles

The Preamble secures to all citizens "JUSTICE, social, economic and political", an ideal borrowed from the Russian Revolution (liberty, equality and fraternity come from the French Revolution). PSC's key accepts option 'A' i.e. "only under the Preamble". Be aware, though, that Article 38(1) in the Directive Principles also speaks of "a social order in which justice, social, economic and political, shall inform all the institutions of the national life", which is why several guidebooks prefer "both Preamble and Directive Principles". The Fundamental Rights chapter does not use the phrase. The Preamble has been amended only once, by the 42nd Amendment (1976), which added "Socialist", "Secular" and "Integrity".

Answer: (A) To protect monument of national importance

The Fundamental Duties (Article 51A, Part IVA) were added by the 42nd Amendment, 1976, on the Swaran Singh Committee's recommendation and are modelled on the USSR constitution; an eleventh duty was added by the 86th Amendment, 2002. "To develop the scientific temper, humanism and the spirit of inquiry and reform" is duty 51A(h), and "to uphold and protect the sovereignty, unity and integrity of India" is 51A(c). Protection of monuments and places of national importance, however, is an obligation of the State under Article 49, a Directive Principle. The nearest citizen's duty, 51A(f), is to value and preserve the rich heritage of our composite culture.

Answer: (B) Parliament

Clauses (2) to (6) of Article 19 allow "the State" to impose reasonable restrictions "by law", so the power belongs to the legislature, i.e. Parliament (and State legislatures within their own fields). The Supreme Court does not impose restrictions; it decides, through judicial review under Articles 13 and 32, whether a restriction is reasonable. The President can suspend the enforcement of Fundamental Rights during a national emergency (Article 359), which is a different power. Parliament alone can also modify the rights of members of the armed forces (Article 33). The grounds in Article 19(2) include sovereignty and integrity of India, security of the State, public order, decency or morality, contempt of court and defamation.

Answer: (D) Art. 24

Article 24 prohibits the employment of children below 14 years in any factory or mine or in any other hazardous employment, and it deals specifically with children. Article 23 prohibits traffic in human beings, begar and other forced labour for everyone; the two together form the Right against Exploitation. Article 17 abolishes untouchability and Article 19 guarantees the six freedoms. Other provisions on children: Article 21A (free and compulsory education from 6 to 14), Article 39(e) and (f), Article 45 and Article 51A(k). The Child Labour (Prohibition and Regulation) Act, 1986 was strengthened in 2016.

Answer: (B) Judiciary

The Judiciary guards the Fundamental Rights: a citizen can move the Supreme Court directly under Article 32, which Dr Ambedkar called the 'heart and soul' of the Constitution, or a High Court under Article 226. The courts issue five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Under Article 13 the courts can strike down laws that violate Fundamental Rights (judicial review). The Legislature and the Executive are the organs against whose actions these rights are enforced.

Answer: (A) Equality

Article 18 provides for the abolition of titles: the State shall confer no title other than military or academic distinctions, and citizens may not accept titles from a foreign State. It is the last of the five articles (14-18) grouped under the Right to Equality - Art. 14 equality before law, Art. 15 no discrimination, Art. 16 equality in public employment, Art. 17 abolition of untouchability. Right to Freedom covers Arts. 19-22, Freedom of Religion Arts. 25-28 and Constitutional Remedies Art. 32. In Balaji Raghavan (1996) the Supreme Court held that Bharat Ratna and Padma awards are not 'titles'.

Answer: (C) Right to Life and Personal Liberty

Article 21 reads: 'No person shall be deprived of his life or personal liberty except according to procedure established by law' - so the right it guarantees is the Right to Life and Personal Liberty, available to citizens and non-citizens alike. 'Procedure established by law' (option D, borrowed from Japan) is the standard written into the Article, and 'due process of law' (option B, the American doctrine) was read into it in Maneka Gandhi v. Union of India (1978); neither is the right itself. Right to Religion is in Articles 25-28. Privacy was held to be part of Article 21 in Puttaswamy (2017); Article 21A (education) was added by the 86th Amendment.

Answer: (A) 21

Article 21 guarantees protection of life and personal liberty; along with Article 20 it cannot be suspended even during an Emergency (44th Amendment, 1978). The distractors are other well-known numbers: Article 49 is a Directive Principle on the protection of monuments of national importance, Article 73 defines the extent of the executive power of the Union, and Article 370 gave special status to Jammu and Kashmir (made inoperative in August 2019). Neighbours of Article 21: Art. 20 - protection in respect of conviction for offences; Art. 21A - right to education; Art. 22 - protection against arrest and detention.

Answer: (D) Article 19

Article 19(1)(a) guarantees all citizens the fundamental right to freedom of speech and expression, subject to "reasonable restrictions" laid out in Article 19(2) on grounds like public order, security of the state, and defamation.