Fundamental Rights MCQ: Habeas Corpus, Article 22 Arrest Safeguards & the 97th Amendment

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

1. Q1.Which writ is issued to prevent 'illegal usurpation of a public office'?

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

   Explanation: Quo-Warranto is issued to inquire into the legality of the claim of a person to a public office and prevents illegal usurpation of public office.

2. Q2.The 'Right to Health' and 'Right to Fair Trial' are part of which Fundamental Right?

   • A.Article 14
   • B.Article 19
   • C.Article 21✓ Correct Answer
   • D.Article 22

   Explanation: The Supreme Court has interpreted Article 21 (Protection of Life and Personal Liberty) broadly to include rights like health, fair trial, speedy trial, sleep, etc.

3. Q3.According to Article 22, within how many hours must an arrested person be produced before a magistrate?

   • A.12 hours
   • B.24 hours✓ Correct Answer
   • C.48 hours
   • D.72 hours

   Explanation: Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest (excluding travel time).

4. Q4.Which Fundamental Right prohibits 'Begar'?

   • A.Article 23✓ Correct Answer
   • B.Article 24
   • C.Article 17
   • D.Article 21

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

5. Q5.Can the writ jurisdiction of the Supreme Court under Article 32 be suspended?

   • A.No, never
   • B.Yes, by Parliament
   • C.Yes, during National Emergency by President✓ Correct Answer
   • D.Yes, by Supreme Court itself

   Explanation: The right to move the Supreme Court (Article 32) can be suspended by the President during a National Emergency under Article 359.

6. Q6.Which Amendment Act empowered the state to fill the unfilled reserved vacancies of a year as a separate class of vacancies (ending the 50% ceiling issue for backlog)?

   • A.77th Amendment
   • B.81st Amendment✓ Correct Answer
   • C.85th Amendment
   • D.93rd Amendment

   Explanation: The 81st Amendment Act of 2000 added Article 16(4B), allowing the state to treat unfilled reserved vacancies as a separate class to be filled in succeeding years, bypassing the 50% cap for that year.

7. Q7.The 'Right to Information' is not explicitly mentioned but is derived from:

   • A.Article 19(1)(a)✓ Correct Answer
   • B.Article 21
   • C.Article 14
   • D.Article 32

   Explanation: The Supreme Court has held that the Right to Information is a Fundamental Right flowing from Article 19(1)(a), which guarantees freedom of speech and expression.

8. Q8.Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Which ground is NOT included?

   • A.Race
   • B.Caste
   • C.Residence✓ Correct Answer
   • D.Place of Birth

   Explanation: Article 15 lists only five grounds: religion, race, caste, sex, and place of birth. 'Residence' is NOT a ground for non-discrimination under Article 15 (though it is mentioned in Article 16).

9. Q9.Which of the following is correct regarding 'Martial Law' (Article 34)?

   • A.It is defined in the Constitution
   • B.It suspends the government and ordinary law courts✓ Correct Answer
   • C.It is imposed on the whole country
   • D.It has no specific provision in the Constitution

   Explanation: Martial Law affects only Fundamental Rights, suspends the government and ordinary law courts, and is imposed in specific areas. It is NOT defined in the Constitution.

10. Q10.Which case declared that 'Judicial Review' is a basic feature of the Constitution and cannot be taken away by the 9th Schedule?

    • A.I.R. Coelho case (2007)✓ Correct Answer
    • B.Kesavananda Bharati case (1973)
    • C.Waman Rao case (1981)
    • D.Minerva Mills case (1980)

    Explanation: In the I.R. Coelho case (2007), the SC ruled that laws placed in the 9th Schedule after April 24, 1973, are open to judicial review if they violate the basic structure.

11. Q11.The 'Right to Property' is now a legal right under which part of the Constitution?

    • A.Part III
    • B.Part X
    • C.Part XII✓ Correct Answer
    • D.Part XIV

    Explanation: The Right to Property is a legal right under Article 300-A in Part XII of the Constitution.

12. Q12.Which Article provides regarding the 'Protection of interests of minorities'?

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

    Explanation: Article 29 provides for the protection of the interests of minorities (language, script, and culture).

13. Q13.A person can waive off his Fundamental Rights. This statement is:

    • A.True
    • B.False✓ Correct Answer
    • C.True only for Article 19
    • D.True only for Article 21

    Explanation: The Supreme Court has held that the 'Doctrine of Waiver' does not apply to Fundamental Rights. A citizen cannot waive off his Fundamental Rights.

14. Q14.Which of the following rights is available to both citizens and foreigners?

    • A.Article 16
    • B.Article 19
    • C.Article 21✓ Correct Answer
    • D.Article 29

    Explanation: Article 21 (Protection of Life and Personal Liberty) is available to both citizens and foreigners. Articles 15, 16, 19, 29, and 30 are available ONLY to citizens.

15. Q15.Under Article 16, the State can prescribe 'residence' as a condition for certain employments. Who has the power to make this law?

    • A.State Legislature
    • B.Parliament✓ Correct Answer
    • C.President
    • D.Governor

    Explanation: Only the Parliament (under Article 16(3)) can prescribe residence as a condition for certain employments or appointments in a state or UT.

16. Q16.Which Article was amended by the 97th Amendment Act, 2011?

    • A.Article 14
    • B.Article 19(1)(c)✓ Correct Answer
    • C.Article 21
    • D.Article 32

    Explanation: The 97th Amendment Act amended Article 19(1)(c) to include the right to form 'co-operative societies' alongside unions and associations.

17. Q17.The writ of 'Habeas Corpus' literally means:

    • A.We command
    • B.To have the body of✓ Correct Answer
    • C.To be certified
    • D.By what authority

    Explanation: Habeas Corpus is a Latin term which literally means 'to have the body of'. It is an order to produce the detained person before the court.

18. Q18.Fundamental Rights are checked by:

    • A.Preventive Detention
    • B.Fundamental Duties
    • C.Directive Principles
    • D.Judicial Review✓ Correct Answer

    Explanation: Fundamental Rights are not absolute and are subject to reasonable restrictions. They are checked by Judicial Review (Article 13 and 32), ensuring laws do not violate them.

19. Q19.Which Fundamental Right cannot be claimed by armed forces personnel?

    • A.Right to Life
    • B.Right to Equality
    • C.Right to form associations✓ Correct Answer
    • D.None of the above strictly

    Explanation: Under Article 33, Parliament can restrict rights. Specifically, the right to form associations (trade unions) is strictly restricted for armed forces to ensure discipline.

20. Q20.Which Article provides for the 'Freedom from payment of taxes for promotion of any particular religion'?

    • A.Article 25
    • B.Article 26
    • C.Article 27✓ Correct Answer
    • D.Article 28

    Explanation: Article 27 states that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.