Fundamental Rights - Top 35 MCQs for UPSC Exams

- January 01, 2026

Fundamental Rights, enshrined in Part III of the Constitution, act as the bedrock of Indian democracy. They guarantee essential civil liberties to all citizens, ensuring dignity and equality. These rights are justiciable, meaning courts can enforce them against state violations, making them the "Magna Carta" of India for everyone.

Articles 12 to 35 cover six broad categories of rights, ranging from Equality to Constitutional Remedies. The inclusion of Writs under Article 32 empowers the Supreme Court to act as the defender of these rights. Understanding these provisions is crucial for comprehending the legal framework and governance of the nation.

How "Fundamental Rights" is Useful for UPSC & Other Exams

Fundamental Rights form the core of the Indian Polity syllabus. In UPSC Prelims, 3-5 questions appear annually from this section. For Mains, it is critical for GS Paper-2 answers involving social justice and governance. It also aids in essay writing and is a favorite topic in interviews.

Keyword Definitions for Fundamental Rights(UPSC / SSC / RRB / SEBI / IBPS / NDA Exams)

State (Article 12): The term 'State' includes the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India.
Judicial Review (Article 13): This principle empowers the judiciary to examine the constitutionality of legislative acts and executive orders. If any law is found to violate Fundamental Rights, the Supreme Court or High Courts can declare it void and unconstitutional.
Equality Before Law (Article 14): This concept ensures that no person is above the law and every individual is subject to the jurisdiction of ordinary courts. It prohibits special privileges for any person and guarantees equal treatment under similar circumstances.
Untouchability (Article 17): This article abolishes 'untouchability' in any form. It is an absolute right, meaning there are no exceptions. The practice of untouchability is a punishable offense in accordance with the law, specifically the Protection of Civil Rights Act.
Freedom of Speech (Article 19): Article 19(1)(a) guarantees the right to freedom of speech and expression. However, this right is not absolute and is subject to 'reasonable restrictions' based on sovereignty, integrity, security of the state, public order, or morality.
Double Jeopardy (Article 20): Article 20(2) states that no person shall be prosecuted and punished for the same offense more than once. This protection applies only to proceedings before a court of law or a judicial tribunal, not departmental inquiries.
Right to Life (Article 21): This states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The Supreme Court has expanded its scope to include the right to privacy, health, and dignity.
Preventive Detention (Article 22): This refers to the detention of a person without trial to prevent them from committing a crime. Article 22 provides safeguards, such as the right to be informed of grounds and representation against the detention order.
Habeas Corpus: A Latin term meaning "to have the body." It is a writ issued by the court to a person or authority who has detained another person, directing them to produce the detainee before the court to check legality.
Mandamus: Meaning "we command," this writ is issued by a higher court to a lower court, tribunal, or public authority to perform a legal duty that they have failed or refused to perform efficiently.
Quo Warranto: Literally meaning "by what authority," this writ is issued to inquire into the legality of a claim of a person to a public office. It prevents the illegal usurpation of public office by an individual.
Certiorari: This writ is issued by a higher court to a lower court or tribunal to transfer a pending case to itself or to quash the order of the lower court on grounds of excess jurisdiction or error of law.

Message to Aspirants: Precision is key in Polity. Read every option carefully, as UPSC often plays with words like "Constitutional," "Legal," or "Statutory." Test your knowledge below and learn from the explanations!

Practice Questions- Fundamental Rights

1. Which Article of the Indian Constitution defines the term "State"? a) Article 10 b) Article 11 c) Article 12 d) Article 13

Show Answer & Explanation

Answer: c) Article 12

Explanation: Article 12 defines "State" for Part III of the Constitution. It includes the Government, Parliament, State Legislatures, and local authorities like municipalities, ensuring Fundamental Rights are enforceable against them.

2. The doctrine of "Eclipse" applies to laws related to which Article? a) Article 13 b) Article 14 c) Article 21 d) Article 32

Show Answer & Explanation

Answer: a) Article 13

Explanation: The doctrine of Eclipse is associated with Article 13(1). It states that pre-constitutional laws violating Fundamental Rights are not void ab initio but remain dormant until the inconsistency is removed.

3. Which Fundamental Right cannot be suspended even during a National Emergency? a) Article 19 and 20 b) Article 20 and 21 c) Article 21 and 22 d) Article 19 and 21

Show Answer & Explanation

Answer: b) Article 20 and 21

Explanation: According to the 44th Amendment Act (1978), the enforcement of rights guaranteed by Articles 20 (Protection in respect of conviction for offenses) and 21 (Protection of life and personal liberty) cannot be suspended.

4. The "Mandal Commission" case is famously known as: a) Indra Sawhney Case b) Kesavananda Bharati Case c) Minerva Mills Case d) Golaknath Case

Show Answer & Explanation

Answer: a) Indra Sawhney Case

Explanation: The Indra Sawhney v. Union of India (1992) case upheld the 27% reservation for OBCs but capped total reservations at 50% and introduced the concept of the "creamy layer" to exclude wealthy beneficiaries.

5. Which writ can be issued against both public authorities and private individuals? a) Habeas Corpus b) Mandamus c) Prohibition d) Certiorari

Show Answer & Explanation

Answer: a) Habeas Corpus

Explanation: Habeas Corpus is the only writ that can be issued against both public authorities and private individuals who have illegally detained a person, ensuring the protection of personal liberty.

6. The right to form Co-operative Societies is mentioned under: a) Article 19(1)(c) b) Article 19(1)(g) c) Article 21 d) Article 43B

Show Answer & Explanation

Answer: a) Article 19(1)(c)

Explanation: The 97th Constitutional Amendment Act (2011) added the right to form co-operative societies as a Fundamental Right under Article 19(1)(c), alongside the right to form associations or unions.

7. Which Article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth? a) Article 14 b) Article 15 c) Article 16 d) Article 17

Show Answer & Explanation

Answer: b) Article 15

Explanation: Article 15 prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them. It promotes social equality.

8. Who called Article 32 the "Heart and Soul" of the Constitution? a) Jawaharlal Nehru b) B.R. Ambedkar c) Rajendra Prasad d) K.M. Munshi

Show Answer & Explanation

Answer: b) B.R. Ambedkar

Explanation: Dr. B.R. Ambedkar described Article 32 (Right to Constitutional Remedies) as the "heart and soul" of the Constitution because it makes all other rights practical and enforceable via the Supreme Court.

9. The "Right to Property" was removed from the list of Fundamental Rights by which Amendment? a) 42nd Amendment b) 44th Amendment c) 52nd Amendment d) 61st Amendment

Show Answer & Explanation

Answer: b) 44th Amendment

Explanation: The 44th Amendment Act (1978) abolished the Right to Property as a Fundamental Right (Article 31) and made it a legal right under Article 300A in Part XII of the Constitution.

10. Article 21A, guaranteeing Right to Education, was added by which Amendment? a) 86th Amendment b) 91st Amendment c) 92nd Amendment d) 93rd Amendment

Show Answer & Explanation

Answer: a) 86th Amendment

Explanation: The 86th Constitutional Amendment Act (2002) inserted Article 21A, making free and compulsory education a Fundamental Right for all children between the ages of 6 and 14 years.

11. Which Article provides protection against "Ex-post-facto laws"? a) Article 20(1) b) Article 20(2) c) Article 20(3) d) Article 22

Show Answer & Explanation

Answer: a) Article 20(1)

Explanation: Article 20(1) prohibits ex-post-facto laws, meaning a person cannot be convicted for an act that was not an offense at the time it was committed, nor subjected to a greater penalty.

12. The Writ of Prohibition is issued by a higher court to: a) A private individual b) A lower court or quasi-judicial body c) The President of India d) The Parliament

Show Answer & Explanation

Answer: b) A lower court or quasi-judicial body

Explanation: Prohibition is issued to prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to natural justice. Unlike Mandamus, it directs inactivity rather than activity.

13. Which Article deals with the abolition of titles? a) Article 16 b) Article 17 c) Article 18 d) Article 19

Show Answer & Explanation

Answer: c) Article 18

Explanation: Article 18 abolishes titles, preventing the State from conferring titles (except military or academic). It also prohibits citizens from accepting titles from foreign states to ensure equality of status.

14. The "Puttaswamy Case" (2017) is related to: a) Right to Privacy b) Right to Internet c) Euthanasia d) Sabarimala Temple entry

Show Answer & Explanation

Answer: a) Right to Privacy

Explanation: In K.S. Puttaswamy v. Union of India, a nine-judge bench of the Supreme Court unanimously declared the Right to Privacy as a fundamental right under Article 21 (Right to Life and Liberty).

15. Which Article protects the interests of minorities? a) Article 26 b) Article 27 c) Article 29 d) Article 31

Show Answer & Explanation

Answer: c) Article 29

Explanation: Article 29 provides for the protection of interests of minorities. It gives any section of citizens residing in India the right to conserve their distinct language, script, or culture.

16. Under Article 22, a detained person must be produced before a magistrate within: a) 12 hours b) 24 hours c) 48 hours d) 7 days

Show Answer & Explanation

Answer: b) 24 hours

Explanation: Article 22 mandates that any person who is arrested and detained in custody must be produced before the nearest magistrate within a period of 24 hours of such arrest, excluding travel time.

17. The writ "Quo-Warranto" can be issued only if the public office is: a) Created by a contract b) Substantive in character c) Private in nature d) Temporary in nature

Show Answer & Explanation

Answer: b) Substantive in character

Explanation: For Quo-Warranto, the office must be a public office of a substantive character created by a statute or the Constitution. It cannot be issued for ministerial or private offices.

18. Which Article empowers Parliament to restrict Fundamental Rights of armed forces? a) Article 33 b) Article 34 c) Article 35 d) Article 32

Show Answer & Explanation

Answer: a) Article 33

Explanation: Article 33 empowers Parliament to modify or restrict the application of Fundamental Rights to members of the Armed Forces, police forces, and intelligence agencies to ensure discipline and proper duty discharge.

19. "Martial Law" is associated with which Article? a) Article 32 b) Article 33 c) Article 34 d) Article 35

Show Answer & Explanation

Answer: c) Article 34

Explanation: Article 34 provides for restrictions on Fundamental Rights while Martial Law is in force in any area within the territory of India. It indemnifies government servants for acts done during such periods.

20. Which Fundamental Rights are available ONLY to citizens and not to foreigners? a) 14, 20, 21, 21A, 28 b) 15, 16, 19, 29, 30 c) 16, 17, 18, 19, 20 d) 14, 19, 21, 25, 26

Show Answer & Explanation

Answer: b) 15, 16, 19, 29, 30

Explanation: Articles 15 (No discrimination), 16 (Opportunity in public employment), 19 (Six freedoms), 29 (Language/culture protection), and 30 (Minority education institutions) are exclusive to Indian citizens.

21. The "Right to Strike" is: a) A Fundamental Right under Article 19 b) A Statutory Right c) A Constitutional Right d) Not a Fundamental Right

Show Answer & Explanation

Answer: d) Not a Fundamental Right

Explanation: The Supreme Court has clarified that while the right to form associations is fundamental (Art 19), the right to strike is not. Strikes can be regulated or prohibited by appropriate industrial laws.

22. The term "Procedure Established by Law" is taken from the Constitution of: a) USA b) UK c) Japan d) Canada

Show Answer & Explanation

Answer: c) Japan

Explanation: The concept "Procedure Established by Law" (used in Article 21) was borrowed from the Japanese Constitution. It differs from the American "Due Process of Law," though Indian courts have evolved to use both.

23. Article 24 prohibits the employment of children below the age of: a) 12 years b) 14 years c) 16 years d) 18 years

Show Answer & Explanation

Answer: b) 14 years

Explanation: Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous activities. The Child Labour (Prohibition and Regulation) Act reinforces this mandate.

24. Which writ implies "we forbid"? a) Mandamus b) Certiorari c) Prohibition d) Quo-Warranto

Show Answer & Explanation

Answer: c) Prohibition

Explanation: The writ of Prohibition literally means "to forbid." It is issued by a higher court to a lower court to stop it from continuing proceedings in a case where it has no jurisdiction.

25. Under Article 25, the wearing and carrying of 'Kirpans' is deemed included in the profession of which religion? a) Hinduism b) Buddhism c) Sikhism d) Jainism

Show Answer & Explanation

Answer: c) Sikhism

Explanation: Explanation I of Article 25 specifically states that the wearing and carrying of Kirpans shall be deemed to be included in the profession of the Sikh religion, safeguarding their religious practice.

26. Consider the following regarding Article 21: 1. It includes the right to livelihood. 2. It includes the right to sleep. 3. It includes the right to travel abroad. Which of the above are correct? a) 1 and 2 only b) 2 and 3 only c) 1 and 3 only d) 1, 2 and 3

27. Which of the following is NOT true about the writ of Certiorari? a) It is issued to quash an order. b) It can be issued against administrative authorities. c) It is preventive in nature only. d) It follows the principle of natural justice.

Show Answer & Explanation

Answer: c) It is preventive in nature only.

Explanation: Certiorari is both preventive (stopping errors) and curative (quashing bad orders). Unlike Prohibition which is only preventive, Certiorari corrects errors made by lower courts or tribunals.

28. Regarding "Freedom of Press", which statement is correct? a) It is explicitly mentioned in Article 19. b) It is implicit in Article 19(1)(a). c) It cannot be restricted under any circumstance. d) It is a separate Article 361A.

Show Answer & Explanation

Answer: b) It is implicit in Article 19(1)(a).

Explanation: The Constitution does not explicitly mention Freedom of Press. However, the Supreme Court has ruled that it is intrinsic to the Freedom of Speech and Expression under Article 19(1)(a).

29. Which case established the "Basic Structure" doctrine? a) Shankari Prasad Case (1951) b) Golaknath Case (1967) c) Kesavananda Bharati Case (1973) d) Minerva Mills Case (1980)

Show Answer & Explanation

Answer: c) Kesavananda Bharati Case (1973)

Explanation: This historic judgment stated that while Parliament can amend any part of the Constitution including Fundamental Rights, it cannot alter the "Basic Structure" or essential features of the Constitution.

30. Under Article 30, minority educational institutions have the right to: a) Administer their institutions without state laws. b) Administer their institutions subject to state regulations. c) Ignore the Right to Education Act completely. d) Reserve 100% seats for their community.

Show Answer & Explanation

Answer: b) Administer their institutions subject to state regulations.

Explanation: While minorities have the right to establish and administer institutions, the State can impose reasonable regulations regarding syllabus, sanitation, and teacher qualifications to ensure academic standards.

31. The 93rd Constitutional Amendment is related to: a) Reservation in promotion. b) Reservation in private educational institutions. c) Formation of National Judicial Appointments Commission. d) Anti-Defection Law.

Show Answer & Explanation

Answer: b) Reservation in private educational institutions.

Explanation: The 93rd Amendment (2005) empowered the State to make special provisions for socially and educationally backward classes in admission to educational institutions, including private unaided ones (except minority institutions).

32. Assertion (A): Preventive Detention is a necessary evil in the Indian Constitution. Reason (R): It protects the security of the state and public order. a) Both A and R are true and R is the correct explanation of A. b) Both A and R are true but R is NOT the correct explanation of A. c) A is true but R is false. d) A is false but R is true.

Show Answer & Explanation

Answer: a) Both A and R are true and R is the correct explanation of A.

Explanation: Preventive detention curtails liberty without trial, making it 'evil' democratically, but it is deemed 'necessary' (A) specifically to maintain state security and public order (R), justifying its inclusion.

33. Assertion (A): The Right to Property is no longer a Fundamental Right. Reason (R): The 42nd Amendment Act removed it from Part III. a) Both A and R are true and R is the correct explanation of A. b) Both A and R are true but R is NOT the correct explanation of A. c) A is true but R is false. d) A is false but R is true.

Show Answer & Explanation

Answer: c) A is true but R is false.

Explanation: Assertion A is true as Property is now a Legal Right. However, Reason R is false because it was the 44th Amendment Act (1978), not the 42nd, that removed it from Part III.

34. Match the following Writs with their literal meanings:

List I (Writ)	List II (Meaning)
A. Habeas Corpus	(i) We Command
B. Mandamus	(ii) By what authority
C. Quo-Warranto	(iii) To have the body
D. Certiorari	(iv) To be certified
Options: a) A-iii, B-i, C-ii, D-iv b) A-ii, B-iii, C-iv, D-i c) A-iii, B-iv, C-ii, D-i d) A-i, B-ii, C-iii, D-iv

Show Answer & Explanation

Answer: a) A-iii, B-i, C-ii, D-iv

Explanation: Habeas Corpus means "To have the body". Mandamus means "We Command". Quo-Warranto means "By what authority". Certiorari means "To be certified" or informed.

35. Match the Articles with their subject matter:

List I (Article)	List II (Subject)
A. Article 17	(i) Protection against arrest
B. Article 22	(ii) Untouchability
C. Article 24	(iii) Religious Affairs
D. Article 26	(iv) Child Labour
Options: a) A-ii, B-iv, C-i, D-iii b) A-ii, B-i, C-iv, D-iii c) A-iii, B-i, C-iv, D-ii d) A-i, B-ii, C-iii, D-iv

Show Answer & Explanation

Answer: b) A-ii, B-i, C-iv, D-iii

Explanation: Article 17 abolishes Untouchability. Article 22 provides protection against arrest and detention. Article 24 bans Child Labour. Article 26 manages Religious Affairs.