Relationship between Fundamental Rights and Directive Principles — 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. In Golaknath v. State of Punjab (1967), the Supreme Court held that Parliament:

   • Can freely amend any Fundamental Right
   • Cannot amend Fundamental Rights so as to take away or abridge them (correct answer)
   • Has no power to amend the Constitution at all
   • Can amend Fundamental Rights only during an Emergency

   Explanation. By a 6:5 majority, the Court held Parliament cannot amend Part III so as to take away or abridge Fundamental Rights — a ruling later overruled in Kesavananda Bharati.

2. Which amendment directly reversed Golaknath by amending Articles 368 and 13?

   • 24th Amendment (correct answer)
   • 25th Amendment
   • 42nd Amendment
   • 44th Amendment

   Explanation. The 24th Amendment, 1971 restored Parliament's express power to amend any part of the Constitution, including Fundamental Rights.

3. Article 31C, as originally inserted by the 25th Amendment, protected laws implementing which provisions from Article 14/19 challenge?

   • Article 38 only
   • Article 39(b) and 39(c) only (correct answer)
   • All of Part IV
   • Article 46 only

   Explanation. Article 31C originally protected only laws genuinely implementing Article 39(b) and 39(c).

4. How many Judges heard Kesavananda Bharati v. State of Kerala (1973)?

   • Seven
   • Thirteen (correct answer)
   • Eleven
   • Nine

   Explanation. Thirteen Judges wrote eleven opinions. As Minerva Mills records, the validity of the first part of Article 31C was upheld by a majority of seven against six.

5. What new limit on Parliament's amending power did Kesavananda Bharati introduce?

   • Parliament cannot amend the Constitution during an Emergency
   • Parliament cannot alter the basic structure of the Constitution (correct answer)
   • Parliament needs a two-thirds referendum for any amendment
   • Parliament cannot amend Part IV at all

   Explanation. Kesavananda Bharati read a basic structure limit into Article 368 — Parliament can amend any part of the Constitution but cannot alter its basic structure.

6. In Kesavananda Bharati, which part of Article 31C (as it then stood) did the Court strike down?

   • The whole of Article 31C
   • The clause protecting laws under Article 39(b)/(c) from Article 14/19 challenge
   • The clause ousting judicial review of whether a law actually implemented Article 39(b)/(c) (correct answer)
   • Nothing — Article 31C was fully upheld

   Explanation. The Court upheld the core protection but struck down the part ousting judicial review, holding judicial review is itself part of the basic structure.

7. The 42nd Amendment, 1976 extended Article 31C's protection to cover:

   • Only Article 39(d)
   • Only Fundamental Duties
   • All the Directive Principles in Part IV (correct answer)
   • Only Article 40 and Article 44

   Explanation. The 42nd Amendment extended Article 31C's protection from Article 39(b)/(c) alone to all of Part IV.

8. In Minerva Mills v. Union of India (1980), the Supreme Court held that:

   • Directive Principles should always prevail over Fundamental Rights
   • The balance between Fundamental Rights and Directive Principles is part of the basic structure (correct answer)
   • Article 31C was fully constitutional as extended in 1976
   • Fundamental Duties override Fundamental Rights

   Explanation. Minerva Mills held that the balance between Part III and Part IV is itself part of the basic structure, and struck down the 1976 extension of Article 31C.

9. After Minerva Mills, Article 31C protects laws implementing:

   • All Directive Principles
   • Article 39(b) and 39(c) only (correct answer)
   • Fundamental Duties only
   • No Directive Principle at all

   Explanation. Minerva Mills restored Article 31C to its original, narrower scope — protecting only laws genuinely implementing Article 39(b) and 39(c).

10. The right to property was removed from Part III and made an ordinary legal right under Article 300A by which amendment?

    • 24th Amendment
    • 42nd Amendment
    • 44th Amendment (correct answer)
    • 97th Amendment

    Explanation. The 44th Amendment, 1978 removed the right to property from Part III, placing it as an ordinary legal right under Article 300A.