Q60. Whose writ petition led to the Supreme Court recognising the Right to Privacy as a Fundamental Right?
[UPSC CDS General Knowledge, 21 April 2024]
(A) Justice P. N. Bhagwati
(B) Justice Rohinton Fali Nariman
(C) Justice K. S. Puttaswamy
(D) Justice Anil R. Dave
Answer: (C) Justice K. S. Puttaswamy
Explanation: Retired Justice K. S. Puttaswamy challenged Aadhaar-related measures, leading to the nine-judge privacy decision in 2017. The Court unanimously recognised privacy as constitutionally protected, notably within life and personal liberty under Article 21.
Q59. Which Constitutional Amendment was widely understood to overcome judicial interpretations of Fundamental Rights?
[UPSC CSE Prelims 2023]
(A) 1st Amendment
(B) 42nd Amendment
(C) 44th Amendment
(D) 86th Amendment
Answer: (A) 1st Amendment
Explanation: The First Amendment of 1951 responded to early court decisions, adjusting restrictions on free expression and introducing protections for agrarian reform laws through Articles 31A and 31B. The other listed amendments served different major constitutional purposes.
Q58. In essence, what does “due process of law” mean?
[UPSC CSE Prelims 2023]
(A) Principle of natural justice
(B) Procedure established by law
(C) Fair application of law
(D) Equality before law
Answer: (A) Principle of natural justice
Explanation: Due process requires legality accompanied by substantive and procedural fairness, including protection against arbitrary state action. In Indian constitutional interpretation, Articles 14, 19 and 21 operate together, especially after the Maneka Gandhi decision.
Q57. Consider:
I. Courts have linked Article 16(4) reservations to Article 335 and administrative efficiency.
II. Article 335 defines “efficiency of administration.”
Which statement combination is correct?
[UPSC CSE Prelims 2023]
(A) Both statements correct; II explains I
(B) Both correct; II does not explain I
(C) I correct, II incorrect
(D) I incorrect, II correct
Answer: (C) I correct, II incorrect
Explanation: Judicial decisions have considered Article 335 while assessing reservation and administrative efficiency. But Article 335 does not define the expression “efficiency of administration”; it directs consideration of SC/ST claims consistently with maintaining administrative efficiency.
Q56. Identify the incorrect statement about judicial interpretation of Article 21 after Maneka Gandhi (1978).
[RPSC RAS Prelims 2023]
(A) The petitioner must bear the burden of proving the prescribed legal procedure arbitrary
(B) Procedure established by law has moved towards procedural due process
(C) Articles 14, 19 and 21 are not mutually exclusive
(D) Right to life includes living with dignity
Answer: (A) The petitioner must bear the burden of proving the prescribed legal procedure arbitrary
Explanation: Maneka Gandhi requires legal procedures affecting liberty to be fair, just and reasonable, with review against arbitrariness. Equality, freedom and personal liberty reinforce one another. The assertion imposing the stated burden on the petitioner is the incorrect option.
Q55. Which Article directly concerns exploitation of children?
[WBCS Executive Prelims 2023]
(A) Article 17
(B) Article 19
(C) Article 23
(D) Article 24
Answer: (D) Article 24
Explanation: Article 24 prohibits employing children below fourteen in factories, mines and other hazardous work. Article 23 addresses forced labour and trafficking, Article 17 untouchability, and Article 19 citizen freedoms. These separate provisions protect distinct constitutional interests.
Q54. Which Part of the Constitution deals with Fundamental Rights?
[SSC CGL Tier I, 21 July 2023, Shift 1]
(A) Part IX
(B) Part VI
(C) Part XI
(D) Part III
Answer: (D) Part III
Explanation: Part III contains Fundamental Rights in Articles 12–35. It provides both substantive individual guarantees and the right to approach courts for enforcement. Part IX concerns Panchayats, Part VI the States, and Part XI Union–State relations.
Q53. Which Constitutional Amendment removed the Right to Property from Fundamental Rights?
[SSC CGL Tier I, 27 July 2023, Shift 3]
(A) 41st
(B) 42nd
(C) 43rd
(D) 44th
Answer: (D) 44th
Explanation: The Forty-fourth Amendment Act of 1978 ended property’s status as a Fundamental Right. It placed protection against deprivation without legal authority in Article 300A. As a result, constitutional textbooks generally identify six categories of Fundamental Rights today.
Q52. How many groups of Fundamental Rights appear in Part III?
[SSC CGL Tier I, 26 July 2023, Shift 1]
(A) Four
(B) Six
(C) Seven
(D) Five
Answer: (B) Six
Explanation: There are currently six broad groups: Equality, Freedom, Against Exploitation, Freedom of Religion, Cultural and Educational Rights, and Constitutional Remedies. Seven existed originally, until property rights were reclassified through the Forty-fourth Amendment.
Q51. Which Article allows a person to approach the Supreme Court to enforce Fundamental Rights?
[SSC CHSL Tier I, 11 August 2023, Shift 3]
(A) Article 30
(B) Article 32
(C) Article 33
(D) Article 31
Answer: (B) Article 32
Explanation: Article 32 guarantees direct recourse to the Supreme Court when a Fundamental Right is violated. Article 30 concerns minority educational institutions, Article 33 allows Parliament to modify certain rights for specified forces, and former Article 31 concerned property.
