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Fundamental Rights Questions and Answers

21.

Match List I with List II and select the correct answer from the codes given below it :

List I (Doctrines)List II (Cases)
(a) Doctrine of Severability(i) Basheshar Nath Vs Commissioner of Income Tax
(b) Doctrine of Waiver of Fundamental Rights(ii) RMDC Vs Union of India
(c) Doctrine of Pith and Substance(iii) K.C. Gajapati Narayana Deo and other Vs State of Orissa
(d) Doctrine of colourable legislation.(iv) Prafulla Kumar Mukherjee Vs The Bank of Commerce

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: A

The correct matching is a-ii, b-i, c-iv, d-iii.

  • Severability: R.M.D. Chamarbaugwalla v Union of India (1957), where the valid part of a law was separated from the invalid part.
  • Waiver: Basheshar Nath v Commissioner of Income Tax (1959), holding that fundamental rights cannot be waived.
  • Pith and substance: Prafulla Kumar Mukherjee v Bank of Commerce (1947, Privy Council).
  • Colourable legislation: K.C. Gajapati Narayan Deo v State of Orissa (1953).

Each of the other codes pairs at least one doctrine with the wrong case.

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22.

Which of the following rights is guaranteed only to the citizens ?

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: C

The right guaranteed only to citizens is the right to freedom of speech and expression.

Article 19, which protects freedom of speech and expression along with the freedoms of assembly, association, movement, residence and profession, is available only to citizens of India. Articles 15, 16, 29 and 30 are also citizens-only.

The right to life and personal liberty (Article 21), equality before the law (Article 14) and freedom of religion (Articles 25 to 28) are guaranteed to all persons, including foreigners.

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23.

Which of the following articles on Fundamental Rights is incorrectly paired?

1. Article 12 - Definition of State
2. Article 21 - Right to Education
3. Article 34 - Power of the Parliament to modify the rights
4. Article 35 - Legislation to give effect to the provisions of the fundamental rights

Exam Year(s)

TNPSC Group 1 - 2025, TNPSC - 2025,

Answer: C

The incorrectly paired articles are 2 and 3. Article 21 deals with protection of life and personal liberty (the right to education is Article 21A), and Article 34 deals with restriction on rights while martial law is in force; the power of Parliament to modify the rights for armed forces is in Article 33.

Pairs 1 (Article 12, definition of State) and 4 (Article 35, legislation to give effect to the provisions) are correct, so 2 and 3 only is the answer.

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24.

How many fundamental rights are guaranted by the Constitution of India ?

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: A

The Constitution guarantees 6 fundamental rights.

They are the rights to equality, to freedom, against exploitation, to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The original Constitution had seven; the right to property was removed from the list by the 44th Amendment in 1978 and made a legal right under Article 300A, which is why 7 is a common trap.

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25.

In which Article of Indian Constitution the 'Doctrine of Eclipse' relating to the Laws made before the commencement of the Constitution is found ?

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: C

The doctrine of eclipse is found in Article 13 (1).

Article 13(1) declares that laws in force before the Constitution are void to the extent of their inconsistency with the Fundamental Rights. Such a law is not wiped out; it is only overshadowed, eclipsed, by the Fundamental Right. It stays valid for non-citizens and for acts before 1950, and it revives if the right is amended to remove the conflict, as the Supreme Court held in Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955).

Article 13(2) deals with laws made after the Constitution, which are void from the start; Article 13(3) defines 'law'. Article 12 defines 'the State', and Article 31 was the right to property, since repealed.

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26.

How many fundamental rights are there in the Indian Constitution ?

Exam Year(s)

Tripura Public Service Commission - 2026,

Answer: B

The Indian Constitution now guarantees six fundamental rights.

  1. Right to equality (Articles 14-18)
  2. Right to freedom (Articles 19-22)
  3. Right against exploitation (Articles 23-24)
  4. Right to freedom of religion (Articles 25-28)
  5. Cultural and educational rights (Articles 29-30)
  6. Right to constitutional remedies (Article 32)

The original Constitution had seven; the right to property (Article 31) was removed from Part III by the 44th Amendment of 1978 and now survives as a legal right under Article 300A. Five, eight and ten match no version of the list.

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27.

In which of the following cases the Supreme Court of India held that the term "person" as used in the Article 14 of the Constitution of India is not restricted to "male or female" but includes "transgender" person ?

Exam Year(s)

Tripura Public Service Commission - 2026,

Answer: A

The case is National Legal Services Authority Vs Union of India.

In NALSA v. Union of India (2014), the Supreme Court recognised transgender persons as a 'third gender' and held that the word 'person' in Article 14 is not limited to men and women but includes transgender persons, who are entitled to equal protection of the laws. It directed governments to treat them as socially and educationally backward classes.

The other cases are about different issues: Chiranjit Lal (1950) dealt with the takeover of a mill company's management, the Gaurav Jain case with the selection of films for a national film festival, and the Azam Jahi Mill Workers case with a voluntary retirement scheme.

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28.

Which of the following amendments of the Constitution was responsible for deleting the right to property from the list of fundamental rights ?

Exam Year(s)

Tripura Public Service Commission - 2021,

Answer: A

The amendment was the 44th amendment.

The 44th Amendment Act, 1978, deleted the right to property from Part III by repealing Article 19(1)(f) and Article 31. Property became a constitutional and legal right under the new Article 300A.

The 42nd Amendment (1976) added 'socialist' and 'secular' to the Preamble and fundamental duties. The 43rd Amendment reversed some of its provisions, and the 41st concerned the retirement age of Public Service Commission members.

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29.

Right to Property in India is

Exam Year(s)

Tripura Public Service Commission - 2019,

Answer: C

The key's answer is Constitutional Right.

The right to property was a Fundamental Right under Articles 19(1)(f) and 31 until the 44th Amendment, 1978, removed both. The same amendment inserted Article 300A: no person shall be deprived of his property save by authority of law. The right therefore now rests in the Constitution, but outside Part III.

It is no longer a Fundamental Right, so it cannot be enforced directly under Article 32. It is sometimes loosely called a legal right, but since it is guaranteed by an Article of the Constitution, the key takes the more precise description, constitutional right.

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30.

The Supreme Court of India formulated the doctrine of eclipse in

Exam Year(s)

UGC NET - 2012,

Answer: A

The doctrine of eclipse was formulated in Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955).

The Supreme Court held that a pre-Constitution law that conflicts with a fundamental right is not dead but only overshadowed, eclipsed, to the extent of the conflict. When the conflict is removed, as by a constitutional amendment, the law revives.

Bashesharnath v. Commissioner of Income Tax (1959) later dealt with the effect of such a law on persons and waiver of a fundamental right. State of West Bengal v. Anwar Ali Sarkar (1952) concerned equal protection of the laws, and Maneka Gandhi v. Union of India (1978) concerned the width of Article 21. None of them formulated the doctrine.

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