Q1. Which of the following is not covered under Article 21 as interpreted by the Supreme Court?
- Right to live with human dignity
- Right to vote in elections
- Right to shelter
- Right to privacy
Correct Option: 2. Right to vote in elections
Explanation: Article 21 guarantees the right to life and personal liberty, which has been expanded by the Supreme Court to include various derived rights like dignity, shelter, and privacy.
However, the right to vote is a statutory right, not a fundamental right, and is governed by the Representation of the People Act.
Q2. What did the Supreme Court rule in the Maneka Gandhi case (1978) regarding Article 21?
- Law must follow only procedure, regardless of fairness
- Right to life means only physical survival
- Procedure under law must be just, fair, and reasonable
- Personal liberty can be suspended during peacetime
Correct Option: 3. Procedure under law must be just, fair, and reasonable
Explanation: The Maneka Gandhi case expanded the scope of Article 21. The Court held that “procedure established by law” must be just, fair, and reasonable, thus aligning it with the “due process” concept in the U.S. Constitution. This overruled the narrow interpretation in the A.K. Gopalan case.
Q3. Which constitutional amendment inserted Article 21A into the Indian Constitution?
- 42nd Amendment, 1976
- 44th Amendment, 1978
- 86th Amendment, 2002
- 93rd Amendment, 2005
Correct Option: 3. 86th Amendment, 2002
Explanation: The 86th Amendment added Article 21A, making the right to free and compulsory education for children aged 6 to 14 years a Fundamental Right. It also modified Article 45 and added a new duty under Article 51A (k).
Q4. Which of the following is a preventive detention law still in force in India?
- Terrorist and Disruptive Activities Act (TADA), 1985
- Maintenance of Internal Security Act (MISA), 1971
- Prevention of Terrorism Act (POTA), 2002
- Unlawful Activities (Prevention) Act (UAPA), 1967
Correct Option: 4. Unlawful Activities (Prevention) Act (UAPA), 1967
Explanation: UAPA, though originally enacted in 1967, has been amended several times (2004, 2008, 2012, 2019) and is still in force.
MISA, POTA, and TADA have all been repealed due to misuse and criticism.
Q5. Under Article 22, preventive detention without advisory board approval can last for how many months (as per current practice)?
- 1 month
- 2 months
- 3 months
- 6 months
Correct Option: 3. 3 months
Explanation: Although the 44th Amendment (1978) reduced this period to 2 months, that provision has not been enforced. Hence, the maximum period of preventive detention without advisory board approval remains 3 months.