General Principles relating to Fundamental Rights(Art.13) — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Which Article of the Constitution declares that laws inconsistent with Fundamental Rights are void?

   • Article 12
   • Article 13 (correct answer)
   • Article 14
   • Article 32

   Explanation. Article 13 declares that any law inconsistent with Part III is void to the extent of the inconsistency.

2. The "doctrine of eclipse" applies to:

   • Post-Constitution laws only
   • Pre-Constitution laws inconsistent with a Fundamental Right (correct answer)
   • Constitutional amendments
   • Executive orders only

   Explanation. The doctrine of eclipse applies only to pre-Constitution laws under Article 13(1) — such a law is dormant, not void, and can revive.

3. In Maneka Gandhi v. Union of India (1978), the Supreme Court held that "procedure established by law" under Article 21 must be:

   • Any procedure enacted by Parliament, regardless of fairness
   • Fair, just, and reasonable (correct answer)
   • Approved by the President personally
   • Identical to procedure under Article 19

   Explanation. Maneka Gandhi held that the procedure under Article 21 must itself be fair, just, and reasonable, not arbitrary or oppressive.

4. Which case established that Fundamental Rights cannot be waived by an individual, even voluntarily?

   • A.K. Gopalan v. State of Madras
   • Basheshar Nath v. Commissioner of Income Tax (correct answer)
   • Bhikaji Narain Dhakras v. State of Madhya Pradesh
   • Golak Nath v. State of Punjab

   Explanation. Basheshar Nath v. Commissioner of Income Tax (1959) held that Fundamental Rights embody a public policy purpose and cannot be waived even voluntarily.

5. The "Golden Triangle" in Indian constitutional law refers to the interconnected reading of:

   • Articles 12, 13, and 32
   • Articles 14, 19, and 21 (correct answer)
   • Articles 32, 226, and 227
   • Articles 25, 26, and 27

   Explanation. The Golden Triangle refers to the interconnected reading of Articles 14, 19, and 21, established in Maneka Gandhi v. Union of India.

6. Which Fundamental Right, originally part of Part III, was removed by the 44th Constitutional Amendment Act, 1978?

   • Right to Equality
   • Right to Property (correct answer)
   • Right to Freedom of Religion
   • Right to Constitutional Remedies

   Explanation. The Right to Property under Article 31 was removed from Part III by the 44th Amendment, becoming a mere legal right under Article 300-A.