UPSC CIVIL SERVICES EXAMINATION

PRELIMS SPECIAL
PREVIOUS YEAR QUESTIONS
INDIAN POLITY
FUNDAMENTAL RIGHTS
(PART 1)

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 QUESTION 1
Fundamental
UPSC INDIAN POLITY Rights

Q. Prohibition of discrimination on groups of religion etc. (Article 15 of the

Constitution of India) is a Fundamental Right classifiable under (1995)
(a)The Right to freedom of Religion
(b)The Right against Exploitation
(c)The Cultural and Educational Rights
(d)The Right to Equality
Answer: D

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 QUESTION 1
1 The Fundamental Rights are mentioned in Part III of the Constitution from Articles 12 to 35. Part III of the
Constitution is rightly described as the Magna Carta of India.

2 The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They
uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the
nation.

3 The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment
of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against
the invasion by the State.

4 The Constitution provided for six Fundamental Rights:

 Right to equality (Article 14-18)
 Right to Freedom (Article 19-22)
 Right against exploitation (Article 23-24)
 Right to freedom of religion (Article 25-28)
 Cultural and educational rights (Article 29-30)
 Right to constitutional remedies (Article 32)

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 QUESTION 1
5  Equality before law and equal protection of laws (Article 14).
 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).
 Abolition of untouchability and prohibition of its practice (Article 17).
 Abolition of titles except military and academic (Article 18).

6 Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex or place of birth.
The second provision of Article 15 says that no citizen shall be subjected to any disability, liability, restriction or
condition on grounds only of religion, race, caste, sex, or place of birth with regard to
 access to shops, public restaurants, hotels and places of public entertainment; or
 the use of wells, tanks, bathing ghats, road and places of public resort maintained wholly or partly by State
funds or dedicated to the use of general public.

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 QUESTION 2
Fundamental
UPSC INDIAN POLITY Rights
Q. In the Indian Constitution, the Right to Equality is granted by five Articles. They
are (2002)
(a)Article 16 to Article 20
(b)Article 15 to Article 19
(c)Article 14 to Article 18
(d)Article 13 to Article 17
Answer: C

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 QUESTION 3
Q. Match List I (Articles of the Constitution of India) with List II (Provision) and select the
correct answer using the codes given below the lists (2004)
List I (Article of List II (Provision)
constitution)
A. Article 14 1. The State shall not discriminate against any citizen on ground only on
religion, race, caste, sex place of birth or any of term.
B. Article 15 2. The State shall not deny to any person equality before the law or the
equal protection of laws within the territory of India.
C. Article 16 3. Untouchability is abolished and its practice in any or is forbidden.
D. Article 17 4. There shall be equality of opportunity for all citizens in matters relating
to employment or appointment to any office under the state
Codes:
ABCD
(a) 2 4 1 3
(b) 3 1 4 2
(c) 2 1 4 3
(d) 3 4 1 2
Answer: C

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 QUESTION 3
1 Equality before Law and Equal Protection of Laws
Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India. The word ‘person’ includes legal persons, viz, statutory corporations, companies,
registered societies or any other type of legal person. The concept of ‘equality before law’ is of British origin while
the concept of ‘equal protection of laws’ has been taken from the American Constitution.

2 Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex or place of birth.
The second provision of Article 15 says that no citizen shall be subjected to any disability, liability, restriction or
condition on grounds only of religion, race, caste, sex, or place of birth with regard to
 access to shops, public restaurants, hotels and places of public entertainment; or
 the use of wells, tanks, bathing ghats, road and places of public resort maintained wholly or partly by State
funds or dedicated to the use of general public.

3 Equality of Opportunity in Public Employment

Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any
office under the State. No citizen can be discriminated against or be ineligible for any employment or office under
the State on grounds of only religion, race, caste, sex, descent, place of birth or residence.

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 QUESTION 3
4 There are three exceptions to this general rule of equality of opportunity
in public employment:
 Parliament can prescribe residence as a condition for certain
employment or appointment in a state or union territory or local
authority or other authority. As the Public Employment (Requirement
as to Residence) Act of 1957 expired in 1974, there is no such
provision for any state except Andhra Pradesh.
 The State can provide for reservation of appointments or posts in
favour of any backward class that is not adequately represented in
the state services.
 A law can provide that the incumbent of an office related to religious
or denominational institution or a member of its governing body
should belong to the particular religion or denomination.

5 Abolition of Untouchability
Article 17 abolishes ‘untouchability’ and forbids its practice in any form. The enforcement of any disability arising out
of untouchability shall be an offence punishable in accordance with law. In 1976, the Untouchability (Offences ) Act,
1955 has been comprehensively amended and renamed as the Protection of Civil Rights Act, 1955 to enlarge the
scope and make penal provisions more stringent.

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 QUESTION 4
UPSC INDIAN POLITY PREAMBLE OF THE
CONSTITUTION

Q. A British Citizen staying in India cannot claim Right to: (1999)

(a)Freedom of trade and profession
(b)Equality before the Law
(c)Protection of life and personal liberty
(d)Freedom of Religion
Answer: A

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 QUESTION 4
1 Some of the Fundamental Rights are available only to the citizens while others are available to all persons whether
citizens, foreigners or legal persons like corporations or companies.

2 Fundamental Rights available only to citizens and 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 : (Article 19)
 speech and expression
 Assembly
 Association
 Movement
 Residence
 Profession
Protection of language, script and culture of minorities (Article 29).
Right of minorities to establish and administer educational institutions (Article 30).

3 Rest of the fundamental rights under Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to both
citizens and foreigners (except enemy aliens).

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 QUESTION 5
UPSC INDIAN POLITY PREAMBLE OF THE
CONSTITUTION

Q. Which of the following are envisaged by the Right against Exploitation in the
Constitution of India? (2017)
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:
(a)1, 2 and 4 only
(b)2, 3 and 4 only
(c)1 and 4 only
(d)1, 2, 3 and 4
Answer: C

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 QUESTION 5
1 Article 23 prohibits traffic in human beings, begar (forced labour) and other similar forms of forced labour. Any
contravention of this provision shall be an offence punishable in accordance with law.
This right is available to both citizens and non-citizens. It protects the individual not only against the State but also
against private persons.

2 Article 23 also provides for an exception to this provision. It permits the State to impose compulsory service for
public purposes, as for example, military service or social service, for which it is not bound to pay. However, in
imposing such service, the State is not permitted to make any discrimination on grounds only of religion, race,
caste or class.

3 Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous
activities like construction work or railway. But it does not prohibit their employment in any harmless or innocent
work. The Child Labour (Prohibition and Regulation) Act, 1986, is the most important law in this direction.
The Child Labour (Prohibition and Regulation) Amendment Act, 2016, amended the Child Labour (Prohibition and
Regulation) Act, 1986. It has renamed the Principal Act as the Child and Adolescent Labour (Prohibition and
Regulation) Act, 1986.
The amendment Act prohibits the employment of children below 14 years in all occupations and processes. Earlier
this prohibition was applicable to 18 occupations and 65 processes.

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Thank You and
Happy Learning

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