Indian Polity · MCQs

Fundamental Rights MCQs

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From the 100 in PrepShark’s Fundamental Rights set (Indian Polity). Pick an answer, then open the explanation.

Question 01
With reference to the judicial interpretation of 'other authorities' in Article 12, consider the following statements: 1. A body registered as a society can be 'State' if it is financially, functionally and administratively dominated by or under the control of the government. 2. The Supreme Court has held that the Board of Control for Cricket in India (BCCI) is 'State' under Article 12 because it performs public functions. Which of the statements given above is/are correct?
1. Option A: 1 only
2. Option B: 2 only
3. Option C: Both 1 and 2
4. Option D: Neither 1 nor 2
Answer and explanation
Answer: A. 1 only
**Statement 1 is correct.** In **Ajay Hasia (1981)** a society was held to be 'State', and in **Pradeep Kumar Biswas (2002)** the test became whether the body is under **deep and pervasive control** of the government; the form of incorporation does not decide it. **Statement 2 is incorrect.** In **Zee Telefilms (2005)** the Court held that the BCCI is **not 'State'** under Article 12, though a writ may lie against it under **Article 226** for its public duties.
Question 02
Consider the following statements: 1. Article 16(4) enables reservation in appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. 2. Article 15(4) is confined to reservation of seats in educational institutions owned by the State. Which of the statements given above is/are correct?
1. Option A: 1 only
2. Option B: 2 only
3. Option C: Both 1 and 2
4. Option D: Neither 1 nor 2
Answer and explanation
Answer: A. 1 only
**Statement 1 is correct.** **Article 16(4)** turns on the twin ideas of a **backward class** and **inadequate representation** in State services. **Statement 2 is incorrect.** **Article 15(4)** permits '**any special provision**' for the advancement of **socially and educationally backward classes, SCs and STs** — not only seat reservation, and not only in State-owned institutions.
Question 03
Consider the following criticisms commonly made of the Fundamental Rights: 1. They are subject to numerous exceptions, restrictions and qualifications. 2. They do not include social and economic rights such as the right to work and the right to social security. 3. The Constitution itself provides for preventive detention, even in peacetime. 4. They are not justiciable and cannot be enforced in any court. Which of the above are valid criticisms?
1. Option A: 1 and 2 only
2. Option B: 1, 2 and 3 only
3. Option C: 2, 3 and 4 only
4. Option D: 1, 2, 3 and 4
Answer and explanation
Answer: B. 1, 2 and 3 only
**Statement 1 is correct.** Critics say the rights are **hedged by so many exceptions** that the restrictions often outweigh the rights. **Statement 2 is correct.** Rights to **work, social security and protection against unemployment** are absent; they appear only as **Directive Principles**. **Statement 3 is correct.** **Article 22** makes preventive detention part of the Constitution itself, which critics see as a serious dent in liberty. **Statement 4 is incorrect.** This is not a criticism but a **misstatement**: Fundamental Rights are **justiciable**, guaranteed by **Article 32**. Critics complain rather that the judicial remedy is **expensive**.
Question 04
Part III of the Constitution of India, dealing with the Fundamental Rights, comprises:
1. Option A: Articles 14 to 32
2. Option B: Articles 12 to 35
3. Option C: Articles 14 to 35
4. Option D: Articles 12 to 30
Answer and explanation
Answer: B. Articles 12 to 35
**Why B is correct.** Part III opens with the **definition of 'State' in Article 12** and closes with **Article 35** on legislation to give effect to the Part. **Why A is incorrect.** Articles **14 to 32** cover only the substantive rights and the remedy; the definitional and machinery provisions on both sides are left out. **Why C is incorrect.** This range wrongly drops **Articles 12 and 13**, which define 'State' and make inconsistent laws void. **Why D is incorrect.** This range omits **Articles 31A–35**, which include Article 32 itself.
Question 05
Consider the following statements regarding the freedom to practise any profession or carry on any occupation, trade or business under Article 19(1)(g): 1. It does not protect a trade that is immoral or dangerous, such as trafficking in women or dealing in harmful drugs. 2. The State may prescribe professional or technical qualifications for practising a profession or carrying on a trade. Which of the statements given above is/are correct?
1. Option A: 1 only
2. Option B: 2 only
3. Option C: Both 1 and 2
4. Option D: Neither 1 nor 2
Answer and explanation
Answer: C. Both 1 and 2
**Statement 1 is correct.** There is no fundamental right to carry on an **immoral or dangerous** trade such as trafficking or dealing in **harmful drugs** or explosives. **Statement 2 is correct.** **Article 19(6)** allows the State to prescribe **professional or technical qualifications**.

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