Fundamental Rights, Directive Principles and Fundamental Duties: previous-year questions
32 real UPSC Prelims questions (2011–2026) with the official answer and a clear explanation. 6 of them came in the last five papers.
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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 :
Answer (d) & explanation
Only Y's view is correct (d). Article 13(3)(a) defines "law" to include any Ordinance, order, bye-law, rule, regulation, notification, and custom or usage having the force of law in India. So Y is right that custom is included. Option (a) is wrong: X rejected custom, so his view as a whole fails. Option (b) is wrong: Y's view matches the text. Option (c) is wrong: X's view is not fully correct.
Notice why it matters: Article 13 makes any law, including a custom, void if it violates Fundamental Rights. This is the root of judicial review in India. Courts have struck down discriminatory customs on this basis. Whether personal laws are "law" under Article 13 is still debated.
option (c) tempts you because X's first half is true. UPSC judges the whole view, and X's refusal on custom makes it wrong.
Answer as per the official UPSC answer key.
Consider the following pairs :
| Provision in the Constitution of India | Stated under
| I. Separation of Judiciary from the Executive in the public services of the State | The Directive Principles of State Policy
| II. Valuing and preserving of the rich heritage of our composite culture | The Fundamental Duties
| III. Prohibition of employment of children below the age of 14 years in factories | The Fundamental Rights
How many of the above pairs are correctly matched?
Answer (c) & explanation
All three pairs are correctly matched (c). Pair I is right: separation of the judiciary from the executive is Article 50, a Directive Principle. Pair II is right: valuing and preserving our composite culture is Article 51A(f), a Fundamental Duty. Pair III is right: no child below 14 may work in factories, mines or hazardous work under Article 24, a Fundamental Right. So options (a), (b) and (d) fail.
Notice related provisions: Article 21A gives free education for ages 6–14 (86th Amendment, 2002), and Article 51A(k) asks parents to educate their children. The Child Labour Amendment Act, 2016 banned all child labour below 14. Article 39(e) and (f) protect children too.
Article 45 (early childhood care, a DPSP) and Article 24 (a Fundamental Right) both talk about children. Keep them apart.
Answer as per the official UPSC answer key.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
Answer (d) & explanation
The Supreme Court placed the Right to Privacy under Article 21 (d). In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge Bench held that privacy is part of the right to life and personal liberty under Article 21, and also flows from the freedoms in Part III. It overruled the older M.P. Sharma (1954) and Kharak Singh (1962) rulings. Option (a) is wrong: Article 15 bans discrimination. Option (b) is wrong: Article 16 gives equal opportunity in public jobs. Option (c) is wrong: Article 19 lists six freedoms, such as speech.
Notice that most new rights, such as food, shelter, livelihood and a clean environment, came through Article 21. Parliament later passed the Digital Personal Data Protection Act, 2023.
Answer as per the official UPSC answer key.
In essence, what does 'Due Process of Law' mean?
Answer (a) & explanation
Due process means the principle of natural justice (a). Due process of law, from the US Constitution, asks whether a law itself, and the way it is applied, is fair and reasonable. At its heart are the rules of natural justice: hear the other side (audi alteram partem) and no one should judge his own case. Option (b) is the opposite idea: procedure established by law, written in India's Article 21, which only asks whether a valid law was followed. Options (c) and (d) are parts of fairness but not its essence.
Notice the turn in Maneka Gandhi v Union of India (1978): the Supreme Court held that the procedure must be fair, just and reasonable, bringing due process into India in effect. Earlier, A.K. Gopalan (1950) had taken the narrow view.
option (b) is the Indian phrase, not its opposite number. UPSC asked what "due process" means, not what our text says.
Answer as per the official UPSC answer key.
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 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?
Answer (c) & explanation
Statement I is correct but Statement II is wrong (c). Statement I is right: in cases such as Indra Sawhney (1992) and M. Nagaraj (2006), the Supreme Court held that reservation in posts under Article 16(4) must be weighed against the "efficiency of administration" under Article 335. Statement II is wrong: Article 335 only uses the phrase; it does not define it. Courts have had to give it meaning case by case.
Notice later rulings: Jarnail Singh (2018) dropped the need to show SC/ST backwardness for promotion quotas, and B.K. Pavitra (2019) said reservation does not by itself harm efficiency. The 82nd Amendment (2000) allowed relaxed qualifying marks for SC/STs in promotions, added as a proviso to Article 335.
"defines". The Constitution uses many phrases it never defines.
Answer as per the official UPSC answer key.
Consider the following statements :
- 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
- 2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
- 3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.
How many of the above statements are correct?
Answer (b) & explanation
Two statements are correct (b). Statement 1 is right: Article 355 makes it the Union's duty to protect every State against external aggression and internal disturbance, and to ensure it is run according to the Constitution. Statement 2 is right: Article 22(3) says the rights to be told the grounds of arrest, to consult a lawyer and to be produced before a magistrate do not apply to preventive detention. Statement 3 is wrong: POTA did the opposite: confessions made to senior police officers (SP rank and above) could be used as evidence, which drew much criticism.
Notice that under normal law, the Evidence Act (now the Bharatiya Sakshya Adhiniyam, 2023) makes confessions to the police inadmissible. POTA was repealed in 2004.
POTA was controversial exactly because it made police confessions admissible. The ordinary rule (no police confessions) did not apply.
Answer as per the official UPSC answer key.
'Right to Privacy' is protected under which Article of the Constitution of India?
Answer (c) & explanation
Privacy is protected under Article 21 (c). A nine-judge bench in Justice K.S. Puttaswamy v. Union of India (2017) held that privacy is a fundamental right, part of life and personal liberty under Article 21, and of the freedoms in Part III as a whole. The bench overruled M.P. Sharma (1954) and Kharak Singh (1962) on this point. Article 15 (a) bars discrimination. Article 19 (b) protects six freedoms, such as speech. Article 29 (d) protects the culture of minorities.
Notice the follow-ups: the Aadhaar judgment (2018), which upheld Aadhaar with limits, and the Digital Personal Data Protection Act, 2023, whose rules were notified in 2025. Privacy, like other rights, can be limited by a fair law.
Article 19 looks right because privacy feels like a "freedom". The Court rooted it mainly in Article 21.
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Answer as per the official UPSC answer key.
Under the Indian Constitution, concentration of wealth violates
Answer (b) & explanation
Concentration of wealth violates the Directive Principles (b). Article 39(c) directs the State to ensure that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. It is a Directive Principle of State Policy. Option (a) is wrong: the Right to Equality (Articles 14–18) deals with legal equality and discrimination. Option (c) is wrong: the Right to Freedom (Articles 19–22) covers speech, movement and life. Option (d) is wrong: the "concept of welfare" is a broad idea, not a constitutional provision.
Notice that the 25th Amendment (1971) added Article 31C to protect laws giving effect to Article 39(b) and (c). Directive Principles are not enforceable in court (Article 37).
Answer as per the official UPSC answer key.
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?
Answer (a) & explanation
Unguided discretion violates Article 14 (a). Article 14 guarantees equality before law and equal protection of the laws. Since E.P. Royappa (1974), the Supreme Court has treated arbitrariness as the opposite of equality. A law that hands officials unguided and uncontrolled discretion lets them treat equals unequally, so it fails Article 14. Article 28 (b) deals with religious instruction in schools. Article 32 (c) is the right to move the Supreme Court for remedies. Article 44 (d) is the Directive on a Uniform Civil Code.
Notice Maneka Gandhi (1978), which linked Articles 14, 19 and 21 (the golden triangle). The Shayara Bano case (2017) used manifest arbitrariness to strike down triple talaq.
Answer as per the official UPSC answer key.
What is the position of the Right to Property in India?
Answer (b) & explanation
Property is a legal right available to any person (b). The 44th Amendment (1978) removed the right to property from Part III, the Fundamental Rights. It is now a constitutional (legal) right under Article 300A: "No person shall be deprived of his property save by authority of law." The word "person" covers non-citizens and companies too, not just citizens. So option (a) is wrong for limiting it to citizens. Options (c) and (d) are wrong: it is no longer a Fundamental Right, but it is still a legal right.
Notice that the right was once in Articles 19(1)(f) and 31. Because it is not a Fundamental Right, a person must go to a High Court under Article 226, not straight to the Supreme Court under Article 32.
"citizens only". Article 300A says "person".
Answer as per the official UPSC answer key.
In India, separation of judiciary from the executive is enjoined by
Answer (b) & explanation
A Directive Principle requires it (b). Article 50, in Part IV, directs the State to take steps to separate the judiciary from the executive in the public services of the State. The aim is that the same officers should not both run the administration and judge cases. The Code of Criminal Procedure, 1973 put this into effect by creating separate judicial magistrates, while executive magistrates handle law and order. The Preamble (a) does not mention it. The Seventh Schedule (c) divides subjects between the Centre and states. It is not merely a convention (d).
Notice that judicial independence and the separation of powers are part of the basic structure. The CrPC was replaced by the Bharatiya Nagarik Suraksha Sanhita in July 2024, which keeps this separation.
Answer as per the official UPSC answer key.
Which part of the Constitution of India declares the ideal of Welfare State?
Answer (a) & explanation
The Directive Principles declare the welfare state ideal (a). Part IV, the Directive Principles of State Policy, sets out the State's social and economic goals. Article 38 asks the State to promote the welfare of the people by securing a social order based on social, economic and political justice, and to reduce inequalities in income and status. Other articles cover livelihood, equal pay, health, education and help in old age. The Fundamental Rights (b) mainly limit the State. The Preamble (c) states broad ideals but does not set out the welfare state in detail. The Seventh Schedule (d) divides subjects.
Notice how welfare laws, such as MGNREGA, the Right to Education and the National Food Security Act, give legal force to DPSPs.
the Preamble speaks of justice, but the phrase "welfare of the people" lives in Article 38.
Answer as per the official UPSC answer key.
With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct?
- 1. They shall be enforceable by courts.
- 2. They shall not be enforceable by any court.
- 3. The principles laid down in this part are to influence the making of laws by the State.
Select the correct answer using the code given below :
Answer (d) & explanation
Statements 2 and 3 are correct (d). Article 37 says the Directive Principles in Part IV shall not be enforceable by any court (2). But they are "fundamental in the governance of the country", and the State must apply them in making laws (3). Statement 1 is wrong because they cannot be enforced by courts. This is the main difference from the Fundamental Rights, which can be enforced under Article 32.
Courts have still used DPSPs to interpret rights. In Minerva Mills (1980), the Court said a balance between Fundamental Rights and DPSPs is part of the basic structure. Notice how Article 21A (education) and many welfare laws came from DPSPs. The idea came from Ireland's Constitution.
Answer as per the official UPSC answer key.
Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?
Answer (d) & explanation
Protection against untouchability falls under the Right to Equality (d). Article 17 abolishes untouchability and forbids its practice in any form. Enforcing any disability arising from it is a punishable offence. It sits in the Right to Equality group, Articles 14 to 18, along with equality before law (14), no discrimination (15), equal opportunity in jobs (16) and abolition of titles (18). The Right against Exploitation (a) covers trafficking, forced labour and child labour (Articles 23–24). The Right to Freedom (b) covers Articles 19–22. Constitutional Remedies (c) is Article 32.
Article 17 is one of the few rights enforceable even against private persons. Notice the laws under it: the Protection of Civil Rights Act, 1955 and the SC/ST (Prevention of Atrocities) Act, 1989.
untouchability "feels" like exploitation (Articles 23-24), but it is placed with equality.
Answer as per the official UPSC answer key.
Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?
Answer (b) & explanation
Article 21 protects the right to marry a person of one's choice (b). In Shafin Jahan v. Asokan K.M. (2018), the Hadiya case, the Supreme Court set aside a Kerala High Court order that had annulled an adult woman's marriage. It held that the right to marry a person of one's choice is part of personal liberty under Article 21. Article 19 (a) covers freedoms such as speech and movement. Article 25 (c) protects freedom of religion. Article 29 (d) protects minorities' culture and language.
Notice the later cases: Shakti Vahini (2018), against khap panchayats and honour killings; and Supriya Chakraborty (2023), where the Court declined to legalise same-sex marriage, leaving it to Parliament.
Answer as per the official UPSC answer key.
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Answer (c) & explanation
Article 21 and the freedoms in Part III imply it (c). In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge bench unanimously held that privacy is a fundamental right. It is part of the right to life and personal liberty under Article 21, and also flows from the other freedoms in Part III, such as Articles 14 and 19. This overruled M.P. Sharma (1954) and Kharak Singh (1962). Option (a) links to equality and the 42nd Amendment, which have no such link. Option (b) wrongly uses untouchability (Article 17) and the DPSPs, which cannot be enforced. Option (d) wrongly uses child labour (Article 24).
Notice what followed: the Aadhaar judgment (2018), decriminalising homosexuality in Navtej Johar (2018), and the DPDP Act, 2023.
Answer as per the official UPSC answer key.
In the context of India, which one of the following is the correct relationship between Rights and Duties?
Answer (a) & explanation
Rights are correlative with duties (a). My right to life means others have a duty not to harm me, and my freedom of speech carries a duty not to defame others. So rights and duties are two sides of the same coin. Rights cannot exist apart from society (b), because they are social claims recognised by the community. Saying only rights (c) or only duties (d) matter misses this balance.
The 42nd Amendment (1976) added Part IVA (Fundamental Duties) so citizens would see duties alongside rights. Gandhi said that "real rights are a result of performance of duty." Notice that the Supreme Court has said duties can help courts judge whether restrictions on rights are reasonable, as in AIIMS Students' Union (2001).
this answer sits uneasily with 2017 Q36, which says Fundamental Duties are not correlative to legal duties. This one is about rights and duties in general; that one is about Article 51A.
Answer as per the official UPSC answer key.
Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
- 1. Prohibition of traffic in human beings and forced labour
- 2. Abolition of untouchability
- 3. Protection of the interests of minorities
- 4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below :
Answer (c) & explanation
Statements 1 and 4 are correct (c). The Right against Exploitation is made up of Article 23, which bans human trafficking, begar and forced labour (1), and Article 24, which bans employing children under 14 in factories, mines and hazardous work (4). Statement 2 is wrong because the abolition of untouchability is Article 17, under the Right to Equality. Statement 3 is wrong because the interests of minorities are protected under Articles 29–30, the Cultural and Educational Rights.
These rights also apply against private persons. Notice the laws that carry them out: the Bonded Labour System (Abolition) Act, 1976 and the Child Labour Amendment Act, 2016, which bans all work below 14 and hazardous work for those aged 14–18.
Answer as per the official UPSC answer key.
Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?
Answer (b) & explanation
Workers' participation in management was added by the 42nd Amendment (b). The 42nd Amendment (1976) added Article 43A (workers in management), Article 39A (equal justice and free legal aid) and Article 48A (protecting the environment and wildlife). It also amended Article 39(f) on healthy child development. The other options were already in the original Constitution: equal pay for men and women (a) is Article 39(d); the right to work, education and public assistance (c) is Article 41; and a living wage and humane working conditions (d) are Article 43.
Later amendments added more principles: the 44th added Article 38(2) on reducing inequalities, the 86th changed Article 45 on early childhood care, and the 97th added Article 43B on cooperatives.
(a) sounds modern, but equal pay was there from 1950.
Answer as per the official UPSC answer key.
Which one of the following statements is correct?
Answer (c) & explanation
Rights are claims of citizens against the State (c). Rights protect people from misuse of power, so they limit the State. That is why Article 12 defines "State" broadly to include government bodies and other authorities, and why Article 13 voids laws that break Fundamental Rights. Rights are not claims of the State against citizens (a); that describes duties or the State's powers. They are not mere privileges (b, d), because a privilege belongs to a few, while a right belongs to everyone equally.
Some rights also apply against private persons, such as Articles 15(2), 17, 23 and 24. Notice the contrast with Fundamental Duties (Article 51A), which are what citizens owe in return, and which cannot be enforced in court.
Answer as per the official UPSC answer key.