Q1. What is the key difference between ‘procedure established by law’ and ‘due process of law’?
- No difference
- The former includes fairness, the latter does not
- The former checks only legality; the latter checks fairness and reasonableness too
- The former applies in the U.S., the latter in India
Correct Option: 3. The former checks only legality; the latter checks fairness and reasonableness too
Explanation: *‘Procedure established by law’ (Indian Constitution) means a person can be deprived of life/liberty if a law exists.
*‘Due process of law’ (U.S. Constitution) means the law must also be just, fair, and reasonable.
*The Maneka Gandhi case moved Indian jurisprudence closer to the due process model.
Q2. Which of the following rights is available even to non-citizens under Article 21?
- Right to form associations
- Right to assemble peacefully
- Right to life and personal liberty
- Right to vote
Correct Option: 3. Right to life and personal liberty
Explanation: Article 21 applies to “persons”, not just citizens, and thus covers non-citizens (foreigners, aliens, etc.) as well.
The other options (A, B, D) are rights limited to citizens.
Q3. Which case first interpreted Article 21 narrowly, limiting protection to only executive actions?
- Menaka Gandhi Case, 1978
- Kesavananda Bharati Case, 1973
- Gopalan Case, 1950
- Golaknath Case, 1967
Correct Option: 3. Gopalan Case, 1950
Explanation: In A.K. Gopalan v. State of Madras (1950), the SC held that Article 21 only protects against arbitrary executive action, not legislative. This was later overruled in the Maneka Gandhi case.
Q4. Which of the following is NOT a safeguard under preventive detention as per Article 22?
- Grounds of detention must be communicated
- Detenu can be held indefinitely without review
- Representation can be made against detention
- Advisory board must consist of HC judges
Correct Option: 2. Detenu can be held indefinitely without review
Explanation: Article 22 requires review by an advisory board within 3 months. Indefinite detention without review is not allowed under Indian law.
Q5. According to Article 21A and the RTE Act, what age group has a Fundamental Right to free and compulsory education?
- 0 to 6 years
- 6 to 14 years
- 6 to 18 years
- 5 to 15 years
Correct Option: 2. 6 to 14 years
Explanation: Article 21A and the Right to Education (RTE) Act, 2009 guarantee free and compulsory education for children aged 6 to 14 years in formal schools with proper standards.