JKPSC KAS prelims question paper 2025 with Solutions

Which of the following statements about Fundamental Rights in India is/are correct?

1. Fundamental Rights are absolute and not subject to any reasonable restrictions.
2. They are enforceable by courts and are justiciable.
3. The Parliament can amend Fundamental Rights, but the basic structure of the Constitution cannot be altered.
4. They are available against the arbitrary action of the state as well as private individuals.

• (a) i and ii only
• (b) ii and iii only
• (c) ii, iii and iv only
• (d) i, ii, iii and iv

Answer: (b)

• Statement i is incorrect: Fundamental Rights are not absolute; they are subject to reasonable restrictions imposed by the state.
• Statement ii is correct: Fundamental Rights are justiciable, meaning they are enforceable by the courts. Aggrieved persons can directly move the Supreme Court (Article 32) or High Courts (Article 226) for their enforcement.
• Statement iii is correct: The Parliament can amend Fundamental Rights, but it cannot alter the ‘basic structure’ of the Constitution, as laid down in the Kesavananda Bharati case (1973).
• Statement iv is incorrect: While some Fundamental Rights are available against private individuals (e.g., Article 17 against untouchability, Article 23 against forced labour), most are primarily available against the arbitrary action of the state.

Consider the following statements regarding the Election Commission of India:

1. The Chief Election Commissioner and other Election Commissioners have equal powers and receive equal salaries.
2. They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.
3. The Chief Election Commissioner can be removed from office only in like manner and on like grounds as a Judge of the Supreme Court.
4. The conditions of service of the Election Commissioners cannot be varied to their disadvantage after their appointment.

• (a) i, ii and iii only
• (b) ii, iii and iv only
• (c) i, iii and iv only
• (d) i, ii, iii and iv

Answer: (d)

• Statement i is correct: The Chief Election Commissioner and other Election Commissioners enjoy equal powers and receive equal salaries, allowances, and other service conditions, which are similar to those of a Judge of the Supreme Court.
• Statement ii is correct: They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.
• Statement iii is correct: The Chief Election Commissioner can be removed from office only by a special majority of Parliament, similar to the removal process of a Supreme Court Judge. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.
• Statement iv is correct: The conditions of service of the Chief Election Commissioner and other Election Commissioners cannot be varied to their disadvantage after their appointment, ensuring their independence.