Article 12 of the Indian Constitution, along with their answers and explanations: --- 1. Article 12 of the Indian Constitution defines which of the following? (a) The definition of ‘State’ (b) The rights of citizens (c) The structure of the Parliament (d) The separation of powers ✅ Answer: (a) The definition of ‘State’ Explanation: Article 12 defines ‘State’ for the purpose of Part III (Fundamental Rights). It includes the Government, Parliament, State Legislatures, and local or other authorities under the control of the Government of India. --- 1. Which of the following comes under the definition of ‘State’ under Article 12? 2. Union Government and State Governments 3. Local authorities (Municipalities, Panchayats, etc.) 4. Statutory bodies like LIC, ONGC, and Election Commission 5. Private corporations receiving financial aid from the government Select the correct answer using the code below: (a) 1 and 2 only (b) 1, 2, and 3 only (c) 1, 2, 3, and 4 (d) 1, 3, and 4 only ✅ Answer: (b) 1, 2, and 3 only Explanation: Article 12 covers: Government of India and State Governments Local authorities (municipalities, panchayats) Statutory authorities like LIC, ONGC, and the Election Commission It does not include private bodies unless they perform a public function under government control. --- 6. The Supreme Court expanded the definition of ‘State’ in which landmark case? (a) A.K. Gopalan v. State of Madras (1950) (b) Kesavananda Bharati v. State of Kerala (1973) (c) R.D. Shetty v. International Airport Authority (1979) (d) Golaknath v. State of Punjab (1967) ✅ Answer: (c) R.D. Shetty v. International Airport Authority (1979) Explanation: The Supreme Court ruled that if an entity is functionally, financially, or administratively controlled by the government, it falls under Article 12 and can be subjected to fundamental rights enforcement. --- 7. Which of the following does NOT fall under ‘State’ as per Article 12? (a) Reserve Bank of India (b) Non-Governmental Organizations (NGOs) (c) Nationalized Banks (d) Municipal Corporations ✅ Answer: (b) Non-Governmental Organizations (NGOs) Explanation: NGOs are independent entities unless they are substantially controlled by the government. --- 8. Which of the following statements is correct regarding the definition of ‘State’ under Article 12? (a) The Judiciary is always considered a ‘State’. (b) Private institutions are always included under ‘State’. (c) Parliament and State Legislatures are included under ‘State’. (d) Judiciary is explicitly excluded from the definition of ‘State’. ✅ Answer: (c) Parliament and State Legislatures are included under ‘State’. Explanation: Article 12 specifically includes Parliament, State Legislatures, and local authorities under the definition of ‘State’. Judiciary is not explicitly mentioned, but when performing non-judicial (administrative) functions, it is considered ‘State’. --- 9. In which case did the Supreme Court hold that Judiciary is not ‘State’ under Article 12 when performing judicial functions? (a) Sukhdev Singh v. Bhagatram (1975) (b) A.R. Antulay v. R.S. Nayak (1988) (c) Naresh Mirajkar v. State of Maharashtra (1966) (d) P.D. Shamdasani v. Central Bank of India (1952) ✅ Answer: (c) Naresh Mirajkar v. State of Maharashtra (1966) Explanation: The Supreme Court held that courts are not ‘State’ under Article 12 when they discharge judicial functions. However, they are considered ‘State’ when performing administrative or rule-making functions. --- 10. Which part of the Indian Constitution is influenced by the definition of ‘State’ in Article 12? (a) Part II (Citizenship) (b) Part III (Fundamental Rights) (c) Part IV (Directive Principles of State Policy) (d) Part IX (Panchayati Raj) ✅ Answer: (b) Part III (Fundamental Rights) Explanation: Article 12 is crucial because it defines the entities against which Fundamental Rights can be enforced. If an authority falls under ‘State,’ it can be challenged in courts for violating Fundamental Rights. --- 11. Which of the following institutions was held to be ‘State’ under Article 12 in the case of Ajay Hasia v. Khalid Mujib (1981)? (a) Indian Olympic Association (b) Institute of Chartered Accountants of India (c) Regional Engineering College (now NIT Srinagar) (d) Board of Control for Cricket in India (BCCI) ✅ Answer: (c) Regional Engineering College (now NIT Srinagar) Explanation: The Supreme Court held that if an institution is financed and controlled by the government, it will be considered ‘State’ under Article 12. --- 1.Under which of the following conditions can a private body be considered ‘State’ under Article 12? 12. When it is financially dependent on the government. 13. When it performs a public function on behalf of the government. 14. When it receives foreign funding. 15. When it is established by a parliamentary statute. Select the correct answer: (a) 1 and 2 only (b) 1, 2, and 4 only (c) 1, 3, and 4 only (d) 1, 2, 3, and 4 ✅ Answer: (b) 1, 2, and 4 only Explanation: A private body may be considered ‘State’ if it is financially dependent, performs a public function, or is created by a statute. Receiving foreign funding alone does not make it ‘State’. --- 16. Which of the following organizations was ruled as ‘not a State’ in the case of Zee Telefilms Ltd. v. Union of India (2005)? (a) All India Institute of Medical Sciences (AIIMS) (b) Board of Control for Cricket in India (BCCI) (c) Indira Gandhi National Open University (IGNOU) (d) National Council for Educational Research and Training (NCERT) ✅ Answer: (b) Board of Control for Cricket in India (BCCI) Explanation: The Supreme Court held that BCCI, though regulating cricket in India, is not ‘State’ under Article 12 as it is neither financially dependent on the government nor exercising sovereign functions. --- ### Article 13 17. **Which of the following statements is correct regarding Article 13?** (a) It applies only to laws made before the Constitution came into force (b) It gives Parliament the power to amend Fundamental Rights (c) It declares laws inconsistent with Fundamental Rights as void (d) It applies only to state laws and not central laws ✅ **Answer:** (c) It declares laws inconsistent with Fundamental Rights as void **Explanation:** Article 13 states that any law that is inconsistent with Fundamental Rights is void to the extent of such inconsistency. It applies to both pre-constitutional and post-constitutional laws. 18. **The Doctrine of Severability is related to:** (a) Article 32 (b) Article 14 (c) Article 13 (d) Article 19 ✅ **Answer:** (c) Article 13 **Explanation:** The Doctrine of Severability states that if a part of a law is unconstitutional due to inconsistency with Fundamental Rights, only the unconstitutional part is struck down, and the rest of the law remains valid. --- 3 **The Doctrine of Eclipse applies to which type of laws?** (a) Pre-constitutional laws that violate Fundamental Rights (b) Post-constitutional laws that violate Fundamental Rights (c) All laws violating Fundamental Rights (d) Laws that are repealed by Parliament ✅ **Answer:** (a) Pre-constitutional laws that violate Fundamental Rights **Explanation:** The Doctrine of Eclipse holds that pre-constitutional laws inconsistent with Fundamental Rights are not void but remain dormant. If the inconsistency is removed, they become operational again. --- 19. **Which landmark case first established that Parliament cannot amend Fundamental Rights under Article 13?** (a) Golaknath v. State of Punjab (1967) (b) Kesavananda Bharati v. State of Kerala (1973) (c) Minerva Mills v. Union of India (1980) (d) A.K. Gopalan v. State of Madras (1950) ✅ **Answer:** (a) Golaknath v. State of Punjab (1967) **Explanation:** The Supreme Court ruled that Fundamental Rights cannot be amended under Article 368, as Article 13 treats such amendments as laws. However, this was later overruled in Kesavananda Bharati Case. --- 20. **Which Constitutional Amendment added the phrase “Nothing in this article shall apply to any amendment of this Constitution” to Article 13?** (a) 24th Amendment, 1971 (b) 42nd Amendment, 1976 (c) 44th Amendment, 1978 (d) 73rd Amendment, 1992 ✅ **Answer:** (a) 24th Amendment, 1971 **Explanation:** The 24th Amendment clarified that constitutional amendments made under Article 368 cannot be challenged under Article 13. This overturned the Golaknath ruling. --- 21. **The Basic Structure Doctrine was laid down in which Supreme Court case?** (a) A.K. Gopalan v. State of Madras (b) Indira Gandhi v. Raj Narain (c) Kesavananda Bharati v. State of Kerala (d) Maneka Gandhi v. Union of India ✅ **Answer:** (c) Kesavananda Bharati v. State of Kerala **Explanation:** The Supreme Court ruled that while Parliament can amend the Constitution, it cannot alter its basic structure, ensuring Fundamental Rights are protected. --- 22. **Which of the following is an example of a law struck down under Article 13?** (a) Section 377 of IPC (before 2018) (b) Right to Property as a Fundamental Right (c) National Judicial Appointments Commission (NJAC) (d) All of the above ✅ **Answer:** (d) All of the above **Explanation:** - Section 377 (criminalizing homosexuality) was struck down in **Navtej Singh Johar v. Union of India (2018)**. - Right to Property was removed as a Fundamental Right by the **44th Amendment Act (1978)**. - NJAC was struck down in **Supreme Court Advocates-on-Record Association v. Union of India (2015)**. --- 23. **The Supreme Court has the power of Judicial Review under which article?** (a) Article 12 (b) Article 13 (c) Article 32 (d) Article 226 ✅ **Answer:** (b) Article 13 **Explanation:** Article 13 provides the basis for judicial review by empowering courts to declare any law void if it violates Fundamental Rights. --- 24. **The Supreme Court struck down Section 66A of the IT Act, 2000, in which case?** (a) Shreya Singhal v. Union of India (2015) (b) Vishaka v. State of Rajasthan (1997) (c) Golaknath v. State of Punjab (1967) (d) K.S. Puttaswamy v. Union of India (2017) ✅ **Answer:** (a) Shreya Singhal v. Union of India (2015) **Explanation:** Section 66A, which allowed arbitrary arrests for online speech, was struck down for violating **Article 19(1)(a) (Right to Freedom of Speech and Expression)**. --- 25. **In which case did the Supreme Court uphold the Right to Privacy as a Fundamental Right under Article 21, which indirectly reaffirmed Article 13’s power?** (a) Indra Sawhney v. Union of India (1992) (b) Navtej Singh Johar v. Union of India (2018) (c) K.S. Puttaswamy v. Union of India (2017) (d) Minerva Mills v. Union of India (1980) ✅ **Answer:** (c) K.S. Puttaswamy v. Union of India (2017) **Explanation:** The Supreme Court declared that **Right to Privacy** is a Fundamental Right under **Article 21**, reinforcing Article 13’s role in protecting Fundamental Rights from unconstitutional laws. --- ### **Article 14: Right to Equality** 26. **Which of the following is a principle enshrined in Article 14 of the Indian Constitution?** (a) Equality before law (b) Equal protection of the laws (c) Both (a) and (b) (d) None of the above ✅ **Answer:** (c) Both (a) and (b) **Explanation:** Article 14 ensures equality before the law and equal protection of the laws, embodying two essential principles: (1) "Equality before law" and (2) "Equal protection of the law." 27. **In which case did the Supreme Court strike down a law as unconstitutional under Article 14 for being arbitrary?** (a) Golaknath Case (b) Maneka Gandhi Case (c) E.P. Royappa Case (d) Kesavananda Bharati Case ✅ **Answer:** (c) E.P. Royappa Case **Explanation:** The Supreme Court expanded the interpretation of Article 14 and established the **Doctrine of Arbitrariness**, which ensures that laws should not be arbitrary or unreasonable. 28. **Which amendment inserted the provision of 'special provisions' for backward classes under Article 14?** (a) 42nd Amendment (b) 73rd Amendment (c) 77th Amendment (d) 93rd Amendment ✅ **Answer:** (d) 93rd Amendment **Explanation:** The **93rd Constitutional Amendment (2005)** enabled the State to provide reservations for OBCs in educational institutions, thereby adding to the scope of equality provisions under Article 14. 29. **The 'Doctrine of Reasonable Classification' was explained in which Supreme Court case?** (a) Golaknath Case (b) Maneka Gandhi Case (c) Randhir Singh Case (d) State of West Bengal v. Anwar Ali Sarkar ✅ **Answer:** (d) State of West Bengal v. Anwar Ali Sarkar **Explanation:** The Supreme Court formulated the **Doctrine of Reasonable Classification** to allow the state to classify persons or things differently if it satisfies certain reasonable criteria. 30. **Which of the following statements about Article 14 is true?** (a) It only applies to citizens (b) It guarantees absolute equality (c) It allows reasonable classification (d) It prohibits affirmative action ✅ **Answer:** (c) It allows reasonable classification **Explanation:** Article 14 does not mandate absolute equality but allows **reasonable classification** of persons or things based on intelligible differentia. 31. **Which case established that Parliament cannot amend the basic structure of the Constitution?** (a) Kesavananda Bharati Case (b) Golaknath Case (c) Maneka Gandhi Case (d) S.R. Bommai Case ✅ **Answer:** (a) Kesavananda Bharati Case **Explanation:** The **Kesavananda Bharati Case (1973)** laid down the **Basic Structure Doctrine**, ruling that Parliament cannot amend the basic structure of the Constitution, including Fundamental Rights. 32. **Which of the following is a violation of Article 14?** (a) Equality before law (b) Discriminatory taxation (c) Reservation in education (d) Appointment of judges ✅ **Answer:** (b) Discriminatory taxation **Explanation:** Article 14 forbids any **discriminatory taxation** or unequal treatment that is arbitrary and irrational. It ensures fair treatment by the State. 33. **The principle of 'Equality before law' is borrowed from which country's Constitution?** (a) USA (b) UK (c) Canada (d) Australia ✅ **Answer:** (b) UK **Explanation:** The principle of "Equality before law" is borrowed from the **British Constitution**, which ensures no person is above the law, and the law applies equally to all. 34. **Which amendment incorporated the principle of equality of opportunity in public employment?** (a) 16th Amendment (b) 42nd Amendment (c) 44th Amendment (d) 73rd Amendment ✅ **Answer:** (a) 16th Amendment **Explanation:** The **16th Amendment (1963)** incorporated **equality of opportunity in public employment**, prohibiting discrimination in matters of public service. 35. **Which of the following cases is related to the principle of 'Reasonable Classification'?** (a) I.R. Coelho Case (b) Mohini Jain Case (c) Maneka Gandhi Case (d) E.P. Royappa Case ✅ **Answer:** (d) E.P. Royappa Case **Explanation:** In **E.P. Royappa v. State of Tamil Nadu**, the Supreme Court introduced **Reasonable Classification**, establishing that laws must have a rational basis for classification. --- ### **Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of Birth** 36. **Which of the following is a provision added to Article 15 by the 93rd Amendment?** (a) Reservation for women in education (b) Reservation for backward classes in educational institutions (c) Right to free education for children (d) Prohibition of child labor ✅ **Answer:** (b) Reservation for backward classes in educational institutions **Explanation:** The **93rd Amendment (2005)** allowed for reservations for OBCs in educational institutions. 37. **The 104th Constitutional Amendment (2019) relates to:** (a) Extension of reservation for SC/STs in Lok Sabha and State Assemblies (b) Introduction of EWS reservation (c) Abolition of reservation for OBCs (d) Right to Education for all children ✅ **Answer:** (a) Extension of reservation for SC/STs in Lok Sabha and State Assemblies **Explanation:** The **104th Amendment (2019)** extended the reservation for SC/STs in Lok Sabha and State Assemblies for another 10 years. 38. **In which case did the Supreme Court uphold the validity of **OBC reservations** in educational institutions?** (a) Indra Sawhney Case (b) K.K. Verma v. Union of India (c) M. Nagaraj Case (d) Maneka Gandhi Case ✅ **Answer:** (a) Indra Sawhney Case **Explanation:** The **Indra Sawhney Case (1992)** upheld the **50% limit on OBC reservation** in educational institutions. 39. **Which of the following judgments held that the state can make special provisions for women under Article 15(3)?** (a) Maneka Gandhi v. Union of India (b) Vishaka v. State of Rajasthan (c) J.P. Unnikrishnan Case (d) M.C. Mehta v. Union of India ✅ **Answer:** (b) Vishaka v. State of Rajasthan **Explanation:** The **Vishaka Case (1997)** allowed for special provisions and safeguards for women, particularly in the workplace, under Article 15(3). 40. **Which of the following articles allows the state to make special provisions for women and children?** (a) Article 15(2) (b) Article 15(3) (c) Article 16 (d) Article 17 ✅ **Answer:** (b) Article 15(3) **Explanation:** Article 15(3) allows the state to make special provisions for women and children, thereby providing affirmative action. 41. **Which of the following is true regarding the provision of reservations for the Economically Weaker Sections (EWS)?** (a) It is not allowed under the Constitution (b) It is an exception to Article 15 (c) It is a part of social justice provisions under Article 46 (d) It violates the principle of equality ✅ **Answer:** (b) It is an exception to Article 15 **Explanation:** The **103rd Amendment (2019)** introduced the **10% reservation for EWS**, creating an exception to the general non-discrimination provisions of Article 15. 42. **Which of the following principles was upheld in the case of **M. Nagaraj v. Union of India (2006)?** (a) Reservation in promotions for SC/STs (b) Reservation for women in education (c) Abolition of untouchability (d) Right to Privacy ✅ **Answer:** (a) Reservation in promotions for SC/STs **Explanation:** The **M. Nagaraj Case** upheld **reservations in promotions for SC/STs** but stated that it must be based on the constitutional principle of **efficiency**. 43. **Which of the following categories cannot be discriminated against under Article 15?** (a) Religion (b) Sex (c) Caste (d) All of the above ✅ **Answer:** (d) All of the above **Explanation:** Article 15 prohibits discrimination based on **religion, race, caste, sex, or place of birth**. 44. **Which of the following is NOT a violation of Article 15?** (a) Special provisions for women (b) Special provisions for backward classes (c) Discriminatory tax laws (d) Prohibition of untouchability ✅ **Answer:** (d) Prohibition of untouchability **Explanation:** The **prohibition of untouchability** is dealt with under **Article 17**, not Article 15. 45. **What is the constitutional basis for reservations in favor of SC/STs in legislatures?** (a) Article 16 (b) Article 15 (c) Article 46 (d) Article 334 ✅ **Answer:** (d) Article 334 **Explanation:** **Article 334** provides for **reservations for SC/STs** in Lok Sabha and State Assemblies for a period of **70 years** from the enactment of the Constitution, which was later extended by the **104th Amendment (2019)**. --- ### **Article 16: Equality of Opportunity in Matters of Public Employment** 46. **Which of the following statements is true about Article 16?** (a) It applies only to Indian citizens (b) It prohibits all forms of reservation in public employment (c) It allows for preferential treatment for economically weaker sections (d) It guarantees employment to all citizens ✅ **Answer:** (a) It applies only to Indian citizens **Explanation:** Article 16 ensures equality of opportunity in public employment for **Indian citizens**, but it allows the state to provide reservations in certain cases. 47. **The provision of reservation in promotion for SC/STs in government jobs was upheld by the Supreme Court in which case?** (a) M. Nagaraj Case (b) Indira Sawhney Case (c) K.K. Verma v. Union of India (d) N.M. Thomas Case ✅ **Answer:** (a) M. Nagaraj Case **Explanation:** In **M. Nagaraj v. Union of India (2006)**, the Supreme Court upheld reservations in promotions for SC/STs, but emphasized the importance of maintaining efficiency. 48. **Which of the following is an exception to the rule of equality in public employment under Article 16?** (a) Reservations for backward classes (b) Employment of foreign nationals in India (c) Right to education (d) Non-discriminatory taxes ✅ **Answer:** (a) Reservations for backward classes **Explanation:** Article 16 allows the state to make special provisions for **backward classes**, including reservations in public employment. 49. **Which of the following amendments provided for reservation for backward classes in educational institutions and public employment?** (a) 93rd Amendment (b) 104th Amendment (c) 73rd Amendment (d) 42nd Amendment ✅ **Answer:** (a) 93rd Amendment **Explanation:** The **93rd Amendment (2005)** allowed the state to provide reservations for **OBCs** in **educational institutions**, and **public employment** was already allowed under Article 16. 50. **Which landmark case discussed the concept of "creamy layer" in relation to reservations?** (a) Indira Sawhney Case (b) M. Nagaraj Case (c) K.K. Verma v. Union of India (d) T. Devadasan Case ✅ **Answer:** (a) Indira Sawhney Case **Explanation:** The **Indira Sawhney Case (1992)** laid down the concept of the **creamy layer**, which excludes **affluent members** from the OBC category from receiving reservations. 51. **What is the significance of the 77th Constitutional Amendment in relation to Article 16?** (a) It allowed for reservations in educational institutions (b) It provided for the removal of the creamy layer concept (c) It provided reservations for SC/STs in promotions (d) It abolished reservations for backward classes ✅ **Answer:** (c) It provided reservations for SC/STs in promotions **Explanation:** The **77th Amendment (1995)** enabled **reservations in promotions** for **SC/STs**, ensuring representation in higher government posts. 52. **Which of the following categories can the state NOT discriminate against under Article 16?** (a) Sex (b) Place of birth (c) Caste (d) All of the above ✅ **Answer:** (d) All of the above **Explanation:** Article 16 prohibits discrimination on the grounds of **sex, place of birth, race, caste**, and ensures **equality of opportunity** in public employment. 53. **Which of the following is true regarding Article 16 and the recruitment process?** (a) Public employment is based solely on merit (b) There can be exceptions for caste-based reservations in recruitment (c) There can be no reservations in recruitment (d) Public employment is not covered under this article ✅ **Answer:** (b) There can be exceptions for caste-based reservations in recruitment **Explanation:** Article 16 allows for reservations in recruitment for **backward classes**, **SC/STs**, and **OBCs** as a temporary provision. 54. **In which of the following cases did the Supreme Court introduce the concept of ‘backwardness’ in determining eligibility for reservations in public employment?** (a) Indira Sawhney Case (b) M. Nagaraj Case (c) T. Devadasan Case (d) K.K. Verma v. Union of India ✅ **Answer:** (b) M. Nagaraj Case **Explanation:** In **M. Nagaraj v. Union of India**, the Court introduced **backwardness** as a key criterion for determining eligibility for reservations in public employment. 55. **Which article grants the Parliament the authority to make laws concerning reservations in public employment for backward classes?** (a) Article 16 (b) Article 17 (c) Article 46 (d) Article 15 ✅ **Answer:** (a) Article 16 **Explanation:** Article 16 gives Parliament the power to make laws regarding **reservations in public employment**, particularly for **backward classes** and **SC/STs**. --- ### **Article 17: Abolition of Untouchability** 56. **What is the primary focus of Article 17?** (a) Prohibition of child labor (b) Abolition of untouchability (c) Prohibition of discrimination in public places (d) Protection of rights for women ✅ **Answer:** (b) Abolition of untouchability **Explanation:** Article 17 abolishes untouchability in any form and prohibits its practice in all public places. 57. **Which law was enacted to give effect to Article 17 and prevent untouchability?** (a) Protection of Civil Rights Act, 1955 (b) Right to Information Act, 2005 (c) SC/ST (Prevention of Atrocities) Act, 1989 (d) Maternity Benefit Act, 1961 ✅ **Answer:** (a) Protection of Civil Rights Act, 1955 **Explanation:** The **Protection of Civil Rights Act (1955)** was enacted to give effect to Article 17, making untouchability punishable under law. 58. **Which of the following is an example of a violation of Article 17?** (a) Discrimination in the workplace on the basis of caste (b) Denial of entry to a temple based on caste (c) Preventing a person from sitting in a public place based on their caste (d) All of the above ✅ **Answer:** (d) All of the above **Explanation:** All these are **violations of Article 17**, as it prohibits untouchability and caste-based discrimination in public places. 59. **Which of the following Supreme Court cases upheld the punishment for untouchability practices?** (a) State of Uttar Pradesh v. Raj Narain (b) Shyam Narayan v. Union of India (c) Chameli Devi v. State of Rajasthan (d) None of the above ✅ **Answer:** (d) None of the above **Explanation:** There are various cases where the Supreme Court upheld the rights of untouchables, but the Protection of Civil Rights Act was implemented to prevent untouchability and its practice. 60. **Which of the following is the basis of Article 17?** (a) Right to Freedom of Speech (b) Prohibition of discrimination based on caste (c) Right to life and liberty (d) Right to equality ✅ **Answer:** (b) Prohibition of discrimination based on caste **Explanation:** Article 17 directly addresses the abolition of **untouchability**, which is rooted in **caste discrimination**. 61. **Which law specifically addresses atrocities against Scheduled Castes and Scheduled Tribes?** (a) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (b) Protection of Civil Rights Act, 1955 (c) Right to Education Act, 2009 (d) Maternity Benefits Act, 1961 ✅ **Answer:** (a) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 **Explanation:** The **SC/ST (Prevention of Atrocities) Act, 1989** addresses the atrocities against SC/ST communities, reinforcing the rights under Article 17. 62. **Which amendment added the provision of affirmative action for the Scheduled Castes and Scheduled Tribes?** (a) 16th Amendment (b) 42nd Amendment (c) 104th Amendment (d) 73rd Amendment ✅ **Answer:** (b) 42nd Amendment **Explanation:** The **42nd Amendment** ensured greater protection for SC/STs, strengthening provisions against untouchability. 63. **The term 'untouchability' in Article 17 has been interpreted to mean:** (a) Denial of access to public resources (b) Denial of social status based on caste (c) Both (a) and (b) (d) None of the above ✅ **Answer:** (c) Both (a) and (b) **Explanation:** **Untouchability** refers to both **denial of public resources** and **discrimination** based on **caste**. 64. **Which of the following is NOT a violation of Article 17?** (a) Discrimination in educational institutions (b) Denial of access to a public hospital (c) Prohibition of entry to public transport (d) Reservation for SC/STs in educational institutions ✅ **Answer:** (d) Reservation for SC/STs in educational institutions **Explanation:** **Reservation** is a constitutional provision and is not a violation of **Article 17** but rather a form of **affirmative action**. 65. **Which of the following acts is an example of discrimination that violates Article 17?** (a) Denying someone a job due to their caste (b) A Dalit being denied entry to a temple (c) A Dalit being socially boycotted (d) All of the above ✅ **Answer:** (d) All of the above **Explanation:** **All of the above** examples are forms of **untouchability** and **discrimination**, which are prohibited under **Article 17**. --- Here are 10 UPSC Prelims-level questions on **Article 34 (Martial Law)**, incorporating Supreme Court cases, amendments, and principles. Each question is followed by a detailed explanation. --- # Article 34 Martial Laws **1. Article 34 of the Indian Constitution deals with which of the following?** A) Power of Parliament to restrict fundamental rights during an emergency B) Power of the President to impose Martial Law C) Power of the Parliament to indemnify actions taken under Martial Law D) Suspension of Fundamental Rights under Armed Forces Special Powers Act (AFSPA) **Answer: C) Power of the Parliament to indemnify actions taken under Martial Law** **Explanation:** Article 34 empowers Parliament to pass laws indemnifying government authorities for actions taken under **Martial Law**. It does not give the President the power to impose Martial Law, nor does it deal with AFSPA. --- **2. Which of the following statements is correct regarding Article 34?** 66. It applies only during a National Emergency. 67. It allows the Parliament to validate acts done under Martial Law. 68. Martial Law is explicitly defined in the Constitution. A) 1 and 2 only B) 2 only C) 1 and 3 only D) 1, 2, and 3 **Answer: B) 2 only** **Explanation:** - **Statement 1 is incorrect** – Martial Law can be imposed even without a National Emergency. - **Statement 2 is correct** – Article 34 allows Parliament to pass laws indemnifying actions taken under Martial Law. - **Statement 3 is incorrect** – The term “Martial Law” is **not explicitly defined** in the Constitution. --- **3. Which Supreme Court case ruled that the imposition of Martial Law does not mean the suspension of the Constitution?** A) A.K. Gopalan v. State of Madras (1950) B) Keshavananda Bharati v. State of Kerala (1973) C) Indira Nehru Gandhi v. Raj Narain (1975) D) R. C. Cooper v. Union of India (1970) **Answer: B) Keshavananda Bharati v. State of Kerala (1973)** **Explanation:** In **Keshavananda Bharati case (1973)**, the SC ruled that even during Martial Law, the **basic structure of the Constitution cannot be destroyed**, and the Constitution remains supreme. --- **4. In India, Martial Law can be declared by?** A) The President B) The Prime Minister C) The Chief of Army Staff D) Not explicitly mentioned in the Constitution **Answer: D) Not explicitly mentioned in the Constitution** **Explanation:** The Constitution does **not explicitly mention** the procedure or authority for declaring **Martial Law**. However, under **Article 34**, Parliament can make laws indemnifying actions taken under it. --- **5. Which of the following correctly differentiates National Emergency (Article 352) from Martial Law?** A) Martial Law suspends Fundamental Rights, while National Emergency does not. B) Martial Law is imposed by the President, while National Emergency is imposed by Parliament. C) Martial Law is a military rule, whereas National Emergency is a constitutional provision. D) Both are the same. **Answer: C) Martial Law is a military rule, whereas National Emergency is a constitutional provision.** **Explanation:** - **Martial Law** is the imposition of military rule over civilian authorities in extreme cases of breakdown of law and order. - **National Emergency (Article 352)** is a constitutional mechanism where the **executive gets additional powers**, but civil administration continues to function. --- **6. The power to indemnify officials for acts done under Martial Law under Article 34 lies with?** A) The President B) The Prime Minister C) The Supreme Court D) The Parliament **Answer: D) The Parliament** **Explanation:** Article 34 gives **Parliament** the power to **pass laws indemnifying acts done under Martial Law**. It is a legislative function, not an executive or judicial function. --- **7. Which case upheld that fundamental rights do not get suspended under Martial Law unless specified by law?** A) ADM Jabalpur v. Shivkant Shukla (1976) B) State of Punjab v. Dalbir Singh (2012) C) Kesavananda Bharati v. State of Kerala (1973) D) Ramesh Thappar v. State of Madras (1950) **Answer: B) State of Punjab v. Dalbir Singh (2012)** **Explanation:** In **State of Punjab v. Dalbir Singh (2012)**, the Supreme Court held that Martial Law does not automatically suspend Fundamental Rights. Only Parliament has the power to **restrict** certain rights through law. --- **8. Under Martial Law, which Fundamental Right can be most commonly restricted?** A) Right to Equality (Article 14) B) Right to Freedom (Article 19) C) Right against Exploitation (Article 23) D) Right to Property (Article 300A) **Answer: B) Right to Freedom (Article 19)** **Explanation:** Under **Martial Law**, restrictions are most commonly placed on **Article 19 (Freedom of Speech, Assembly, Movement, etc.)**, as authorities enforce stricter control over civil liberties. --- **9. Which of the following statements regarding Martial Law is incorrect?** A) It is mentioned in Article 34. B) It automatically suspends all Fundamental Rights. C) It is imposed in cases of extreme breakdown of law and order. D) It requires an act of Parliament for indemnity. **Answer: B) It automatically suspends all Fundamental Rights.** **Explanation:** Martial Law **does not automatically suspend all Fundamental Rights**. Only those rights that are **incompatible** with military rule may be restricted **through law**. --- **10. Which Constitutional Amendment is most relevant to the imposition of restrictions under Article 34?** A) 42nd Amendment, 1976 B) 44th Amendment, 1978 C) 69th Amendment, 1991 D) None of the above **Answer: B) 44th Amendment, 1978** **Explanation:** The **44th Constitutional Amendment (1978)** curtailed the government’s power to suspend Fundamental Rights during an Emergency, which indirectly affects **Martial Law**, ensuring that absolute military rule is not easily imposed. --- Here are 10 UPSC Prelims-level questions on **Article 35 (Power of Parliament to make laws)**, with a focus on the **rights**, **cases**, and **principles** involved in this article. Each question is followed by a detailed explanation: --- ### **1. Article 35 of the Indian Constitution is associated with which of the following?** A) Power to Parliament to make laws for the protection of fundamental rights B) Power to Parliament to make laws for the permanent residence in Jammu and Kashmir C) Power to Parliament to make laws for restrictions on fundamental rights D) Power of the President to issue ordinances **Answer: B) Power to Parliament to make laws for the permanent residence in Jammu and Kashmir** **Explanation:** Article 35 gives Parliament the **exclusive power** to make laws for **Jammu and Kashmir** (now Union Territory after Article 370's abrogation in 2019) concerning the **permanent residents** of the state. --- ### **2. Which of the following was directly affected by the provisions of Article 35A of the Constitution?** A) Restrictions on Fundamental Rights in Jammu and Kashmir B) The residency rules in Jammu and Kashmir C) The powers of the President under National Emergency D) The jurisdiction of the Supreme Court in Jammu and Kashmir **Answer: B) The residency rules in Jammu and Kashmir** **Explanation:** **Article 35A**, which was added to the Constitution by a Presidential order in 1954, empowered the **Jammu and Kashmir legislature** to define who would be considered a **permanent resident** of the state. It was struck down after the abrogation of Article 370 in 2019. --- ### **3. Under which of the following conditions does Article 35 allow Parliament to make laws?** A) For the protection of the sovereignty and integrity of India B) For the protection of the interests of any section of people C) For the protection of permanent residents in Jammu and Kashmir D) For the protection of human rights **Answer: C) For the protection of permanent residents in Jammu and Kashmir** **Explanation:** Article 35 specifically gives **Parliament** the power to make laws relating to **permanent residents** in Jammu and Kashmir, including their rights, privileges, and matters related to their welfare. --- ### **4. Which of the following Supreme Court cases is most closely associated with the interpretation of Article 35A?** A) Kesavananda Bharati v. State of Kerala (1973) B) Golaknath v. State of Punjab (1967) C) Prem Singh v. State of Jammu and Kashmir (2018) D) State of Jammu and Kashmir v. Santosh Kumar (2019) **Answer: C) Prem Singh v. State of Jammu and Kashmir (2018)** **Explanation:** In **Prem Singh v. State of Jammu and Kashmir (2018)**, the Supreme Court upheld the validity of **Article 35A**, which gave the Jammu and Kashmir legislature the power to define who could be considered a **permanent resident** of the state. --- ### **5. Article 35 provides that certain laws made in Jammu and Kashmir shall apply to which of the following?** A) Only the residents of Jammu B) Only the residents of Kashmir Valley C) Only the permanent residents of Jammu and Kashmir D) All citizens of India **Answer: C) Only the permanent residents of Jammu and Kashmir** **Explanation:** Article 35 allows for **special provisions** to be made for the **permanent residents** of Jammu and Kashmir. These laws were previously applicable only to **those recognized as permanent residents** under the laws enacted by the Jammu and Kashmir legislature. --- ### **6. Article 35 and the abrogation of Article 370 have led to which of the following outcomes?** A) Removal of special privileges for Jammu and Kashmir B) Extension of fundamental rights to Jammu and Kashmir C) Declaration of Martial Law in Jammu and Kashmir D) Recognition of the state’s right to secede from the Union **Answer: A) Removal of special privileges for Jammu and Kashmir** **Explanation:** The **abrogation of Article 370** on August 5, 2019, led to the removal of the **special privileges** enjoyed by Jammu and Kashmir, including the restrictions imposed by **Article 35A**. This also enabled the extension of laws applicable to other states to Jammu and Kashmir. --- **7. Which provision of the Indian Constitution was directly affected by the abrogation of Article 35A?** A) Prohibition on discrimination based on religion B) Special provisions regarding property rights of non-residents in Jammu and Kashmir C) The President’s emergency powers D) The jurisdiction of the Parliament over the Jammu and Kashmir region **Answer: B) Special provisions regarding property rights of non-residents in Jammu and Kashmir** **Explanation:** **Article 35A** had allowed Jammu and Kashmir to legislate exclusive property rights for its **permanent residents**, which were changed after the **abrogation of Article 370**. Non-residents were allowed to buy property in the region. --- **8. Under the Constitution, the laws made under Article 35 can be challenged in which of the following courts?** A) Only in the Supreme Court B) Only in the Jammu and Kashmir High Court C) Only in the District Courts of Jammu and Kashmir D) Both the Supreme Court and the High Court **Answer: D) Both the Supreme Court and the High Court** **Explanation:** Laws made under **Article 35** can be challenged in both the **Supreme Court** and the **Jammu and Kashmir High Court**, just like any other law in the country. However, specific challenges to **Article 35A** were previously heard in the Supreme Court. --- **9. Article 35 is significant because it confers the power to make laws that may override the provisions of which of the following?** A) The Constitution of India B) The Directive Principles of State Policy C) The Fundamental Rights of citizens D) The provisions of Article 370 **Answer: C) The Fundamental Rights of citizens** **Explanation:** Article 35 allows laws to be made **under the special provisions** of the Jammu and Kashmir region that may **override certain fundamental rights** of non-residents, such as the right to property, within the region. These laws are meant to protect the interests of **permanent residents**. --- **10. After the abrogation of Article 370, which provision has been made applicable to the Union Territory of Jammu and Kashmir in relation to Article 35?** A) The laws related to special status have been reintroduced B) All the laws in force in the rest of India are now applicable to Jammu and Kashmir C) The region is now governed by the Presidential Order exclusively D) The region has been granted autonomous status to pass its own laws **Answer: B) All the laws in force in the rest of India are now applicable to Jammu and Kashmir** **Explanation:** After the **abrogation of Article 370**, **Article 35A** became redundant, and the laws applicable to other states in India were extended to the **Union Territory of Jammu and Kashmir**. This marked the end of its special status and provisions under Article 35. ---