UPSC CSE Prelims
Right to Equality Previous Year Questions (PYQs)
Practice solved questions for Right to Equality with detailed step-by-step solutions, key insights, and trend analysis for UPSC CSE PRELIMS.
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X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India. 'X' explained that the meaning of the term 'law' in the Constitution of India was very comprehensive. It included ordinances, orders and even rules and regulations. 'Y' pointed out that the term 'law' in Article 13 also included custom or usage having in the territory of India the force of law, to which 'X' was not convinced.
Based on the above, select the correct conclusion from the options given below :
Detailed Explanation:
Key Provision — Article 13(3)(a): The definition of "law" under Article 13 is highly expansive and explicitly includes:
- Ordinances
- Orders, bye-laws, rules, regulations, notifications
- Custom or usage having in the territory of India the force of law
Analysis:
| Person | View | Correctness |
|---|---|---|
| X | Law includes ordinances, orders, rules & regulations — but doubted inclusion of custom | ❌ Partially wrong — correct on formal instruments, wrong to exclude custom |
| Y | Law also includes custom or usage having the force of law | ✅ Completely correct |
Why this matters: Uncodified traditional practices that hold the force of law are subject to the same constitutional scrutiny as formal legislative statutes. This prevents the State from bypassing Fundamental Rights through traditional or executive means.
Key Principle: Article 13 is a protective provision — its broad definition of "law" ensures no instrument (formal or customary) can override Fundamental Rights.
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
Detailed Explanation:
Answer: Option 3 — Statement-I is correct but Statement-II is incorrect
This question tests the understanding of Article 335 and its relationship with Article 16(4) regarding reservation in services. Statement-I correctly reflects the Supreme Court's interpretation in various judgments, while Statement-II incorrectly claims that Article 335 defines 'efficiency of administration'.
✅ Statement-I – Correct: The Supreme Court has held in multiple judgments (including M. Nagaraj v. Union of India, 2006) that reservation policies under Article 16(4) must be balanced with the maintenance of efficiency of administration as mentioned in Article 335. The Court has emphasized that reservation is not an absolute right and must be consistent with administrative efficiency.
❌ Statement-II – Incorrect: Article 335 does not define the term 'efficiency of administration'. It merely mentions that claims of SC/ST members shall be considered consistently with the maintenance of efficiency of administration. The term remains undefined in the Constitution, leaving its interpretation to judicial discretion and administrative context.
📝 Short Notes: Articles 335 and 16(4) - Reservation vs. Efficiency
| Article | Provision | Key Points |
|---|---|---|
| Article 16(4) | Reservation for backward classes | Enables the State to make provisions for reservation in appointments/posts for any backward class inadequately represented in State services. Not an exception to Article 16(1) but an aspect of equality itself (Indra Sawhney case). |
| Article 335 | Claims of SCs and STs to services and posts | States that claims of SC/ST members shall be considered consistently with maintenance of efficiency of administration. Does not define 'efficiency of administration'. Acts as a balancing provision. |
| Supreme Court's Interpretation: | ||
|
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A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
Detailed Explanation:
Answer: Option 1 — Article 14
A legislation that confers unguided and uncontrolled discretionary power on the executive violates Article 14 of the Constitution, which guarantees Equality Before Law and Equal Protection of Laws. Such arbitrary power violates the principle of fairness and reasonableness, as it allows discriminatory application of law without any guiding principles.
Why Other Options Are Incorrect:
• Article 28 relates to freedom as to attendance at religious instruction or religious worship in educational institutions.
• Article 32 provides the right to constitutional remedies and empowers citizens to move the Supreme Court for enforcement of fundamental rights.
• Article 44 is a Directive Principle of State Policy that mandates the State to secure a Uniform Civil Code for citizens.
📝 Short Notes: Article 14 and Doctrine of Arbitrariness
| Aspect | Details |
|---|---|
| Article 14 | Guarantees equality before law and equal protection of laws to all persons within the territory of India |
| Equality Before Law | Negative concept - absence of special privileges; British origin (Rule of Law by Dicey) |
| Equal Protection of Laws | Positive concept - equal treatment in similar circumstances; American origin (14th Amendment) |
| Doctrine of Arbitrariness | Arbitrary power violates Article 14 as it negates equality. Unguided discretion = legal despotism |
| Reasonable Classification | Permitted if based on intelligible differentia having rational nexus with object sought |
| Key Cases | E.P. Royappa v. State of Tamil Nadu (1974) - Arbitrariness is antithesis of equality; Maneka Gandhi case (1978) |
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Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?
Detailed Explanation:
Answer: Option 4 — Right to Equality
The Right to Equality (Articles 14-18) includes Article 17, which specifically abolishes untouchability and prohibits its practice in any form. Untouchability is fundamentally a form of social discrimination that violates the basic principle of equality guaranteed to all citizens under the Constitution.
📝 Short Notes: Right to Equality (Articles 14-18)
| Article | Provision |
|---|---|
| Article 14 | Equality before law and equal protection of laws |
| Article 15 | Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth |
| Article 16 | Equality of opportunity in matters of public employment |
| Article 17 | Abolition of untouchability and prohibition of its practice in any form |
| Article 18 | Abolition of titles (except military and academic distinctions) |
One of the implications of equality in society is the absence of -
Detailed Explanation:
Answer: Option 1 — Privileges
Equality in society implies that all individuals have the same rights, opportunities, and status without any preferential treatment. The presence of privileges—unearned advantages or special rights enjoyed by certain groups or individuals—directly contradicts the principle of equality, as it creates hierarchies and differential treatment. Therefore, the absence of privileges is a fundamental implication of a truly equal society.
Analysis of Options:
✅ Privileges – Correct: Privileges represent special advantages given to select groups, which are incompatible with the principle of equality that demands uniform rights and opportunities for all.
❌ Restraints – Incorrect: Reasonable restraints (such as laws and regulations) are necessary to ensure equality and prevent discrimination, thus they can coexist with equality.
❌ Competition – Incorrect: Fair competition based on merit is compatible with equality, provided that all individuals have equal opportunities to compete.
❌ Ideology – Incorrect: Various ideologies can support or oppose equality; ideology itself is not inherently absent in an equal society.
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