Fundamental Rights MCQ: Article 15, the Right to Strike & Emergency Suspension of Rights

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

1. Q1.The 'Right to Strike' is:

   • A.A Fundamental Right under Article 19
   • B.A Statutory Right
   • C.A Legal Right
   • D.Not a Fundamental Right✓ Correct Answer

   Explanation: The Supreme Court has held that the 'Right to Strike' is NOT a fundamental right under Article 19(1)(c). However, it can be a legal right controlled by industrial laws.

2. Q2.Under which Article can a writ be issued for the enforcement of Fundamental Rights by the High Court?

   • A.Article 32
   • B.Article 226✓ Correct Answer
   • C.Article 227
   • D.Article 136

   Explanation: Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights as well as for any other purpose.

3. Q3.Article 26 guarantees the right to manage religious affairs to:

   • A.Every individual
   • B.Religious denominations✓ Correct Answer
   • C.Minorities only
   • D.Citizens only

   Explanation: Article 26 guarantees rights to 'religious denominations' or any section thereof, unlike Article 25 which guarantees rights to individuals.

4. Q4.The 'First Amendment Act, 1951' added which clause to Article 15?

   • A.Clause 2
   • B.Clause 3
   • C.Clause 4✓ Correct Answer
   • D.Clause 5

   Explanation: Article 15(4) was added by the 1st Amendment Act of 1951 to enable the state to make special provisions for the advancement of SCs, STs, and socially and educationally backward classes.

5. Q5.Which Article provides for 'Protection in respect of conviction for offences'?

   • A.Article 20✓ Correct Answer
   • B.Article 21
   • C.Article 22
   • D.Article 23

   Explanation: Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner.

6. Q6.The 'Protection of Civil Rights Act, 1955' was enacted to enforce which Article?

   • A.Article 14
   • B.Article 17✓ Correct Answer
   • C.Article 23
   • D.Article 24

   Explanation: The Protection of Civil Rights Act, 1955 was enacted to enforce Article 17, which abolishes untouchability.

7. Q7.In which case did the Supreme Court state that 'Freedom of Speech and Expression' includes the 'Right to Propagate' one's views as well as views of others?

   • A.Romesh Thappar case✓ Correct Answer
   • B.Sakal Papers case
   • C.Indian Express case
   • D.Bennett Coleman case

   Explanation: In Romesh Thappar vs State of Madras (1950), the Supreme Court held that freedom of speech and expression includes freedom of propagation of ideas.

8. Q8.Which of the following is NOT strictly a 'Fundamental Right' but a 'Constitutional Right'?

   • A.Right to Vote✓ Correct Answer
   • B.Right to Equality
   • C.Right to Freedom
   • D.Right against Exploitation

   Explanation: The Right to Vote (Article 326) is a constitutional right (also considered a legal right by recent SC judgments) but not a Fundamental Right under Part III.

9. Q9.Article 31C saves laws giving effect to which Directive Principles from being challenged under Article 14 and 19?

   • A.Article 39(b) and 39(c)✓ Correct Answer
   • B.Article 38 and 39
   • C.Article 40 and 44
   • D.Article 45 and 46

   Explanation: Article 31C protects laws that seek to implement the Directive Principles specified in Article 39(b) and 39(c) (distribution of material resources and prevention of concentration of wealth).

10. Q10.Which Article allows for the establishment of minority educational institutions?

    • A.Article 28
    • B.Article 29
    • C.Article 30✓ Correct Answer
    • D.Article 31

    Explanation: Article 30(1) grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.

11. Q11.The 'Right to Silence' is implied in which Fundamental Right?

    • A.Freedom of Speech (Article 19)✓ Correct Answer
    • B.Protection against Self-Incrimination (Article 20)
    • C.Right to Life (Article 21)
    • D.Right to Privacy

    Explanation: The Supreme Court has interpreted the Freedom of Speech and Expression (Article 19(1)(a)) to imply the 'Right to Silence' (National Anthem Case - Bijoe Emmanuel vs State of Kerala).

12. Q12.The writ of Certiorari can be issued on which of the following grounds?

    • A.Lack of jurisdiction
    • B.Excess of jurisdiction
    • C.Error of law apparent on the face of record
    • D.All of the above✓ Correct Answer

    Explanation: Certiorari can be issued on the grounds of excess of jurisdiction, lack of jurisdiction, or error of law apparent on the face of the record.

13. Q13.Which of the following Fundamental Rights cannot be amended as per the 'Basic Structure' doctrine?

    • A.Right to Property
    • B.Any Fundamental Right
    • C.Fundamental Rights affecting Basic Structure✓ Correct Answer
    • D.Right to Education

    Explanation: Parliament can amend any Fundamental Right as long as the amendment does not alter or destroy the 'Basic Structure' of the Constitution.

14. Q14.The rights guaranteed under Article 19 are suspended only when the emergency is declared on grounds of:

    • A.Internal Disturbance
    • B.Armed Rebellion
    • C.War or External Aggression✓ Correct Answer
    • D.Financial Crisis

    Explanation: According to Article 358, the six rights under Article 19 are automatically suspended only when National Emergency is declared on the grounds of war or external aggression.

15. Q15.Who is the 'Guarantor and Defender' of Fundamental Rights?

    • A.President
    • B.Parliament
    • C.Supreme Court✓ Correct Answer
    • D.High Courts

    Explanation: The Supreme Court is the guarantor and defender of the Fundamental Rights of the citizens (Article 32).

16. Q16.Which of the following writs can be issued only against judicial or quasi-judicial authorities?

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

    Explanation: The writs of Prohibition and Certiorari are issued only against judicial or quasi-judicial authorities. Prohibition is issued to prevent a court from exceeding its jurisdiction, while Certiorari is issued to squash an order or transfer a case.

17. Q17.Under Article 359, who is empowered to suspend the enforcement of Fundamental Rights?

    • A.Parliament
    • B.Supreme Court
    • C.President✓ Correct Answer
    • D.Prime Minister

    Explanation: Article 359 authorizes the President to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.

18. Q18.Which case ruled that 'Rule of Law' is a part of the 'Basic Structure' of the Constitution?

    • A.Indra Sawhney case
    • B.Minerva Mills case
    • C.Indira Nehru Gandhi case✓ Correct Answer
    • D.Maneka Gandhi case

    Explanation: In the Indira Nehru Gandhi vs Raj Narain case (1975), the Supreme Court held that the 'Rule of Law' embodied in Article 14 is a 'basic feature' of the Constitution.

19. Q19.The 'Carry Forward Rule' in reservations was declared unconstitutional in which case?

    • A.Balaji case (1963)
    • B.Devadasan case (1964)✓ Correct Answer
    • C.Mandal case (1992)
    • D.Nagaraj case (2006)

    Explanation: In the T. Devadasan case (1964), the Supreme Court struck down the 'carry forward rule' as unconstitutional because it violated the 50% ceiling rule. (Later modified by 81st Amendment).

20. Q20.Article 13(3) defines 'Law' to include which of the following?

    • A.Ordinances
    • B.Bye-laws and Regulations
    • C.Customs or Usages having the force of law
    • D.All of the above✓ Correct Answer

    Explanation: Article 13(3) defines law widely to include ordinances, orders, bye-laws, rules, regulations, notifications, and customs or usages having the force of law.