Fundamental Rights MCQ: Article 21, the Writs & the Basic Structure Doctrine

Attempt the quiz above first, then review every question with its correct answer and a short explanation below.

1. Q1.Which part of the Indian Constitution deals with Fundamental Rights?

   • A.Part II
   • B.Part III✓ Correct Answer
   • C.Part IV
   • D.Part V

   Explanation: Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. It is rightly described as the Magna Carta of India.

2. Q2.Which Article of the Constitution defines the term 'State' for the purpose of Fundamental Rights?

   • A.Article 11
   • B.Article 12✓ Correct Answer
   • C.Article 13
   • D.Article 14

   Explanation: Article 12 defines the term 'State' which includes the Government and Parliament of India, Government and Legislature of States, and all local or other authorities.

3. Q3.Which Fundamental Right cannot be suspended even during a National Emergency?

   • A.Right to Speech
   • B.Right to Constitutional Remedies
   • C.Protection in respect of conviction for offences and Protection of life and personal liberty✓ Correct Answer
   • D.Right to Equality

   Explanation: According to the 44th Amendment Act (1978), the enforcement of the rights guaranteed by Articles 20 and 21 cannot be suspended even during a National Emergency.

4. Q4.The 'Right to Property' was removed from the list of Fundamental Rights by which Constitutional Amendment?

   • A.42nd Amendment
   • B.44th Amendment✓ Correct Answer
   • C.86th Amendment
   • D.61st Amendment

   Explanation: The 44th Amendment Act of 1978 abolished the Right to Property as a Fundamental Right and made it a legal right under Article 300-A.

5. Q5.Which Article provides for the 'Abolition of Untouchability'?

   • A.Article 16
   • B.Article 17✓ Correct Answer
   • C.Article 18
   • D.Article 23

   Explanation: Article 17 abolishes 'untouchability' and forbids its practice in any form. It is an absolute right.

6. Q6.Which writ is issued by the court to inquire into the legality of claim of a person to a public office?

   • A.Mandamus
   • B.Certiorari
   • C.Quo-Warranto✓ Correct Answer
   • D.Prohibition

   Explanation: Quo-Warranto means 'by what authority or warrant'. It is issued to inquire into the legality of a claim of a person to a public office.

7. Q7.Under which Article can the Parliament restrict or abrogate the fundamental rights of members of armed forces?

   • A.Article 31
   • B.Article 32
   • C.Article 33✓ Correct Answer
   • D.Article 34

   Explanation: Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces.

8. Q8.Which Fundamental Right is available only to Indian citizens and not to foreigners?

   • A.Equality before law (Article 14)
   • B.Protection of life and personal liberty (Article 21)
   • C.Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)✓ Correct Answer
   • D.Protection against arrest and detention (Article 22)

   Explanation: Articles 15, 16, 19, 29, and 30 are available only to citizens of India and not to foreigners.

9. Q9.Dr. B.R. Ambedkar called which Article the 'Heart and Soul' of the Constitution?

   • A.Article 14
   • B.Article 19
   • C.Article 21
   • D.Article 32✓ Correct Answer

   Explanation: Dr. Ambedkar called Article 32 the 'Heart and Soul' of the Constitution because it provides the right to constitutional remedies, making other rights effective.

10. Q10.Which case established the 'Basic Structure' doctrine regarding Fundamental Rights?

    • A.Golaknath case (1967)
    • B.Kesavananda Bharati case (1973)✓ Correct Answer
    • C.Minerva Mills case (1980)
    • D.Maneka Gandhi case (1978)

    Explanation: The Supreme Court in the Kesavananda Bharati case (1973) upheld the validity of the 24th Amendment Act and stated that Parliament can amend any part of the Constitution including Fundamental Rights, provided it does not alter the 'Basic Structure'.

11. Q11.Right to Education was added as Article 21A by which Amendment Act?

    • A.82nd Amendment
    • B.84th Amendment
    • C.86th Amendment✓ Correct Answer
    • D.91st Amendment

    Explanation: The 86th Constitutional Amendment Act of 2002 inserted Article 21A, making elementary education a fundamental right for children between 6 to 14 years.

12. Q12.Which Article prohibits traffic in human beings and forced labor?

    • A.Article 22
    • B.Article 23✓ Correct Answer
    • C.Article 24
    • D.Article 25

    Explanation: Article 23 prohibits traffic in human beings, begar (forced labor), and other similar forms of forced labor.

13. Q13.The concept of 'Procedure established by law' in Article 21 is borrowed from which constitution?

    • A.USA
    • B.UK
    • C.Japan✓ Correct Answer
    • D.Canada

    Explanation: The concept of 'Procedure established by law' is borrowed from the Japanese Constitution. However, after the Maneka Gandhi case, the SC introduced the American concept of 'Due process of law'.

14. Q14.Article 30 grants rights to minorities based on?

    • A.Religion only
    • B.Language only
    • C.Religion and Language✓ Correct Answer
    • D.Religion, Language and Script

    Explanation: Article 30 protects the right of religious and linguistic minorities to establish and administer educational institutions.

15. Q15.Which writ literally means 'we command'?

    • A.Habeas Corpus
    • B.Mandamus✓ Correct Answer
    • C.Certiorari
    • D.Prohibition

    Explanation: Mandamus literally means 'we command'. It is a command issued by the court to a public official asking him to perform his official duties.

16. Q16.The Mandal Commission case (Indra Sawhney case, 1992) is related to which Article?

    • A.Article 14
    • B.Article 15
    • C.Article 16✓ Correct Answer
    • D.Article 17

    Explanation: The Indra Sawhney case (1992) examined the scope of Article 16(4) regarding reservation for OBCs in public employment.

17. Q17.Which Article provides protection against 'Double Jeopardy'?

    • A.Article 19
    • B.Article 20✓ Correct Answer
    • C.Article 21
    • D.Article 22

    Explanation: Article 20(2) states that no person shall be prosecuted and punished for the same offence more than once (Double Jeopardy).

18. Q18.Which Article allows the State to make special provisions for women and children?

    • A.Article 14
    • B.Article 15(1)
    • C.Article 15(3)✓ Correct Answer
    • D.Article 16

    Explanation: Article 15(3) allows the State to make any special provision for women and children, despite the general prohibition of discrimination in Article 15.

19. Q19.In which case did the Supreme Court rule that 'Right to Privacy' is a Fundamental Right?

    • A.M.P. Sharma case
    • B.Kharak Singh case
    • C.K.S. Puttaswamy case✓ Correct Answer
    • D.Navtej Singh Johar case

    Explanation: In the K.S. Puttaswamy case (2017), the Supreme Court declared the Right to Privacy as an intrinsic part of the Right to Life and Personal Liberty under Article 21.

20. Q20.Which Article provides for the 'Abolition of Titles'?

    • A.Article 17
    • B.Article 18✓ Correct Answer
    • C.Article 19
    • D.Article 20

    Explanation: Article 18 abolishes titles and prohibits the state from conferring any title (except military or academic distinction) on any body, whether a citizen or a foreigner.