BPSC CCE Prelims
Fundamental Rights Previous Year Questions (PYQs)
Showing solved Previous Year Questions for Chapter: Fundamental Rights
Topic Breakdown: Scroll →
A British Citizen staying in India can not claim right to
Detailed Explanation:
Fundamental Rights in India are divided into two categories: those available to all persons (citizens and non-citizens) and those available only to citizens.
Article 14 (Equality before law), Article 21 (Protection of life and personal liberty), and Article 25 (Freedom of religion) apply to all persons in India, including a British citizen.
Article 19(1)(g) (Freedom of trade, profession, and business) is available only to Indian citizens. Therefore, a British citizen staying in India cannot claim this right.
The constitution of India provides for reasonable restrictions on Fundamental Rights, but reasonableness must keep in mind that:
- The interest of the general public is safeguarded
- Prevailing social values and also social needs are not bar
- Directive principles can be bypassed
- Collective good is not greater Out of these:
Detailed Explanation:
✅ Statement 1 – Correct: Reasonable restrictions under Article 19(2)-(6) must safeguard general public interest, ensuring that individual liberty does not harm collective welfare.
❌ Statement 2 – Incorrect: Prevailing social values and needs are part of the reasonableness test (State of Madras v. V.G. Row, 1952), meaning they do act as a bar/constraint, not "not a bar".
❌ Statement 3 – Incorrect: Directive Principles cannot be bypassed; courts seek to harmonize them with Fundamental Rights (Minerva Mills case, 1980).
❌ Statement 4 – Incorrect: Collective good is often considered greater than individual rights when imposing reasonable restrictions for public interest.
The phrase 'equality before law' used in Article 14 of the Indian Constitution has been borrowed from the Constitution of
Detailed Explanation:
Article 14 of the Indian Constitution guarantees equality before law and equal protection of laws.
'Equality before law' is a negative concept borrowed from the British Constitution, ensuring no special privileges and that all are equal before ordinary courts.
'Equal protection of laws' is a positive concept borrowed from the US Constitution (14th Amendment), allowing the State to make reasonable classifications to ensure substantive equality.
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Judicial process in India is based on
Detailed Explanation:
The Indian Constitution (Article 21) explicitly adopts "procedure established by law" rather than the "due process of law" model used in the US. This means any law passed by Parliament defining procedure for deprivation of life/liberty is valid, provided it follows constitutional provisions.
The judicial process thus rests on three pillars: the Constitution (supreme law), procedure established by law (Article 21), and conventions (judicial practices and precedents). Options 1, 2, and 4 are all partially correct, but none alone captures the complete basis.
Therefore, multiple statements (1, 3, and 4) are correct, making Option 5 the correct answer.