Daily Static Quiz Prelims Practice 2027
Reason (R): The Supreme Court in the Kesavananda Bharati case held that the Right to Property was not a part of the Basic Structure of the Constitution.
A is correct — the 44th Amendment Act (1978) under the Janata government removed the Right to Property from Fundamental Rights and shifted it to Article 300-A as a mere constitutional right, meaning it can be taken away by ordinary law without a constitutional amendment. R is incorrect — the Kesavananda Bharati case (1973) established the Basic Structure doctrine but did not specifically deal with removing the Right to Property; the removal was a legislative decision driven by the need to implement land reforms without judicial hurdles, not a direct consequence of that judgment.
- Article 21 guarantees the right to life and personal liberty only to citizens of India.
- The Supreme Court in the Maneka Gandhi case expanded the scope of Article 21 by holding that the procedure established by law must be just, fair and reasonable.
Statement 1 is incorrect — Article 21 uses the word "person," not "citizen," making it available to all persons including non-citizens; this is a classic and frequently exploited trap. Statement 2 is correct — in Maneka Gandhi v. Union of India (1978), the Supreme Court overruled the earlier A.K. Gopalan judgment and held that the procedure established by law under Article 21 must not be arbitrary but must be just, fair, and reasonable, significantly expanding the scope of the right to life and personal liberty.
- Fundamental Rights are available against the State as defined under Article 12, which includes the Government, Parliament, State Legislatures and all local or other authorities.
- Article 13 declares that any law inconsistent with Fundamental Rights shall be void, and this power of judicial review applies to pre-constitutional laws as well.
- Armed Forces personnel enjoy the same Fundamental Rights as ordinary citizens with no special restrictions.
- Fundamental Rights can be suspended during a National Emergency under Article 352, except for rights under Articles 20 and 21.
Statements 1, 2, and 4 are correct — Article 12 broadly defines "State" to include government, parliament, state legislatures, and all local or other authorities, making Fundamental Rights enforceable against all such bodies; Article 13 applies judicial review to both pre-constitutional and post-constitutional laws; and Articles 20 and 21 cannot be suspended even during a National Emergency under Article 352, as inserted by the 44th Amendment (1978). Statement 3 is incorrect — Article 33 specifically empowers Parliament to restrict or abrogate the Fundamental Rights of Armed Forces, paramilitary, police, and intelligence personnel to ensure discipline and proper discharge of duties.
Option (b) is correctly matched — Article 32 guarantees the Right to Constitutional Remedies (the right to move the Supreme Court for enforcement of Fundamental Rights), which Dr Ambedkar called the "heart and soul of the Constitution." Option (a) is wrong — the Right against Exploitation is under Articles 23–24 (prohibiting trafficking, forced labour, and child labour); Article 19 guarantees six freedoms including speech and movement. Option (c) is wrong — Cultural and Educational Rights are under Articles 29–30; Article 25 covers freedom of conscience and the right to profess, practice, and propagate religion. Option (d) is wrong — Freedom of Religion is under Articles 25–28; Article 29 protects minorities in conserving their distinct language, script, or culture.
Reason (R): Article 19(2) permits reasonable restrictions on freedom of speech and expression on grounds including sovereignty and integrity of India, security of the State, public order, decency and morality.
A is incorrect — freedom of speech under Article 19(1)(a) is not absolute; no Fundamental Right in the Indian Constitution is absolute, and the State may impose reasonable restrictions under Article 19(2). R is correct — Article 19(2) precisely lists the permissible grounds: sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence. Since A is wrong and R is independently correct, option (c) applies — a deliberate trap for candidates who read only the assertion.
