Q1. Which of the following doctrines best reflects the limitations imposed on freedoms guaranteed under Article 19?
- Doctrine of proportionality
- Doctrine of pith and substance
- Doctrine of severability
- Doctrine of eclipse
Correct Option: 1. Doctrine of proportionality.
Explanation: The doctrine of proportionality ensures that restrictions on fundamental rights must not be excessive and must be proportionate to the goal pursued. It is the core judicial test to evaluate reasonableness of restrictions under Article 19.
Q2. In which landmark case did the Supreme Court hold that “freedom of speech and expression” includes the right to remain silent?
- Romesh Thappar v. State of Madras (1950)
- Bijoe Emmanuel v. State of Kerala (1986)
- Indian Express v. Union of India (1985)
- Bennett Coleman v. Union of India (1973)
Correct Option: 2. Bijoe Emmanuel v. State of Kerala (1986).
Explanation: In this case, the Supreme Court ruled in favor of students who refused to sing the national anthem based on religious beliefs, interpreting freedom of expression to include the right to silence.
Q3. Which of the following statements regarding Article 19 is incorrect?
- Article 19 is available only to citizens of India.
- Reasonable restrictions under Article 19 can be imposed by both Parliament and State Legislatures.
- The test of reasonableness is entirely subjective and left to the executive discretion.
- Right to strike is not a fundamental right under Article 19(1)(c).
Correct Option: 3. The test of reasonableness is entirely subjective and left to the executive discretion. (1986).
Explanation: The test of reasonableness is not subjective or left to executive discretion. It is a judicially reviewable standard laid down by the courts to ensure constitutional balance.
Q4. Under Article 20, which of the following qualifies as an ex-post-facto law that is prohibited?
- Retrospective penalty for an act which was not a crime when committed
- Retrospective amendment of a civil liability
- Retrospective change in procedural criminal law
- Retrospective increase in income tax
Correct Option: 1. Retrospective penalty for an act which was not a crime when committed. (1986).
Explanation: Article 20(1) prohibits retrospective criminal legislation, i.e., punishing someone for an act that was not a crime when committed, or imposing a higher punishment retrospectively.
Civil, tax, or procedural laws may be retrospective.
Q5. The right to freedom of profession under Article 19(1)(g) can be completely denied in which of the following situations?
- If the profession is immoral or dangerous
- If it conflicts with personal laws
- If it involves practicing without a license
- If the person is unskilled or unqualified
Correct Option: 1. If the profession is immoral or dangerous.
Explanation: Article 19(6) allows the state to completely prohibit professions that are immoral (like human trafficking) or dangerous (like unlicensed explosives trade).
Other restrictions (licensing, skill, etc.) are regulatory, not absolute prohibitions.