Fundamental Rights

Fundamental Rights is part of Indian Polity and Governance. Below are notes on 13 sub-topics, followed by practice MCQs from State PSC and UPSC papers.

Amendment of Fundamental Rights and the Basic Structure Doctrine

• Fundamental Rights (FRs) under Articles 12-35 can be amended by Parliament under Article 368.
• Parliament's power to amend the Constitution, including FRs, is subject to the 'Basic Structure Doctrine'.
• The 'Basic Structure Doctrine' was propounded by the Supreme Court in the Kesavananda Bharati v. State of Kerala case (1973).
• The Kesavananda Bharati case (1973) held that Parliament can amend any part of the Constitution but cannot alter its 'basic structure'.
• The Kesavananda Bharati case (1973) partially overturned the Golaknath v. State of Punjab case (1967).
• The Golaknath case (1967) had ruled that FRs were 'transcendental and immutable', Parliament could not abridge or take them away, and a constitutional amendment was a 'law' under Article 13.
• The Right to Property was originally a Fundamental Right under Article 19(1)(f) and Article 31.
• The Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978.
• The deletion of the Right to Property from Fundamental Rights occurred during the tenure of Prime Minister Morarji Desai.
• Indian citizens cannot hold separate state citizenship.
• Both a citizen by birth and a naturalized citizen are eligible to become the President (Head of State) of India.
• Indian citizenship, once granted (e.g., by naturalization), can be deprived under specific circumstances like fraud or disloyalty to the Constitution.
• India also follows the concept of single domicile.
• Currently, the Right to Property is a legal right under Article 300A in Part XII of the Constitution.
• Articles 31A and 31C are exceptions to the Fundamental Rights enumerated in Articles 14 and 19.
• Article 31A saves laws related to acquisition of estates, etc., from being challenged on grounds of violating Articles 14 and 19.
• Article 31C protects laws implementing Directive Principles under Article 39(b) and 39(c) from being challenged on grounds of violating Articles 14 and 19.
• The 86th Amendment Act of 2002 made free and compulsory education for children aged 6 to 14 years a Fundamental Right (Article 21A).
• The Supreme Court, in Ashok Kumar Thakur V/s Union of India case (2008), upheld the constitutional validity of Article 15(5), which provides for reservations for backward classes in educational institutions, stating it did not violate the basic structure.

Cultural and Educational Rights of Minorities (Articles 29-30)

• Cultural and Educational Rights are enshrined in Articles 29-30 of Part III (Fundamental Rights) of the Indian Constitution.
• The Constitution does not explicitly define 'minorities' but recognizes them as based on religion or language (from Article 30).
• Article 29: Protection of interests of minorities
• Article 29(1): Guarantees any section of citizens residing in India, having a distinct language, script, or culture, the right to conserve the same.
• This right is available to any section of citizens, including minorities.
• Example: The protection of Jallikattu (bull taming sport) as part of Tamil culture falls under Article 29(1).
• Article 29(2): Prohibits denial of admission to any citizen into any educational institution maintained by the State or receiving State aid on grounds only of religion, race, caste, or language.
• This right is available to all citizens (minority or majority).
• Article 30: Right of minorities to establish and administer educational institutions
• Article 30(1): Grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.
• This right is exclusively for religious or linguistic minorities.
• The 44th Amendment Act, 1978, added a provision that the amount fixed for compulsory acquisition of property of such an institution must not restrict or abrogate this right.
• Article 30(2): Prohibits the State from discriminating against any educational institution in granting aid on the ground that it is under the management of a minority (religious or linguistic).
• Receiving financial aid from the government does not cause an educational institution established by a minority to lose its minority status.
• Key Distinctions:
• Article 29(1) applies to 'any section of citizens'; Article 30(1) applies only to 'minorities'.
• Article 30 (right to establish/administer institutions) is a fundamental right guaranteed to minorities but not to the majority community.
• For citizens of the majority community establishing an educational institution, the relevant fundamental right is Article 19(1)(g) (right to practice any profession or carry on any occupation, trade, or business).
• Under Article 29(1), 'language, script, or culture' are mentioned for conservation. 'Religion' is not explicitly listed as a ground within Article 29(1) for conservation, though 'religious' is a basis for minority status in Article 30(1).
• Related Fundamental Rights Articles:
• Article 14-18: Right to Equality.
• Article 21A: Right to Education (inserted by 86th Amendment Act, 2002), providing for free and compulsory education for all children aged 6 to 14 years.
• The Right of Children to Free and Compulsory Education (RTE) Act, 2009, implements Article 21A.
• Article 23-24: Right against Exploitation.
• Article 25-28: Right to Freedom of Religion.
• Article 32: Right to Constitutional Remedies.

Definition of 'State' (Article 12) and Laws Inconsistent with FRs (Article 13)

• Article 12: Definition of 'State'
• Defines 'State' for the purpose of Part III (Fundamental Rights) of the Constitution.
• Includes:
• Government and Parliament of India (Union Executive & Legislature).
• Governments and Legislatures of each State (State Executive & Legislature).
• All local authorities within the territory of India: e.g., Municipalities, Panchayats, District Boards, Improvement Trusts, Port Trusts.
• All other authorities within the territory of India or under the control of the Government of India.
• Interpretation of 'Other Authorities' (by Supreme Court):
• Given a wide and inclusive interpretation.
• Includes statutory bodies (e.g., LIC, ONGC, SAIL, Electricity Boards, Industrial and Financial Corporation).
• Includes non-statutory bodies acting as instrumentalities or agencies of the government (e.g., universities, NCERT, ICAR, CSIR).
• Includes private agencies or bodies working as an instrument of the State or performing public functions under deep state control (e.g., `Rajasthan State Electricity Board v. Mohan Lal`).
• A company, partnership, trust, or cooperative society can be considered 'State' if it acts as an instrumentality of the government.
• Exclusions from 'State' (for Article 12 purposes): Generally, Courts when exercising judicial functions are not considered 'State'. However, when exercising administrative functions, they might be.
• Fundamental Rights are primarily enforceable against the 'State'. Some rights (e.g., Art 17, 23, 24) are enforceable against both the State and private individuals. Some rights are available only to citizens.
• Article 13: Laws Inconsistent with or in Derogation of Fundamental Rights
• Article 13(1): Declares that all pre-Constitutional laws inconsistent with Fundamental Rights shall, to the extent of such inconsistency, be void from the commencement of the Constitution (Doctrine of Eclipse).
• Article 13(2): Prohibits the State from making any law which takes away or abridges the Fundamental Rights. Any law made in contravention shall, to the extent of the contravention, be void (Doctrine of Severability).
• Article 13(3): Defines 'Law' very broadly to include: any Ordinance, order, bye-law, rule, regulation, notification, custom, or usage having the force of law.
• Constitutional Amendments & Article 13:
• Initially, the Supreme Court (Shankari Prasad Case, 1951; Sajjan Singh Case, 1965) held that a constitutional amendment is not a 'law' under Article 13 and thus cannot be challenged.
• However, the `Kesavananda Bharati Case (1973)` ruled that a Constitutional Amendment Act is a 'law' and can be challenged if it violates the `Basic Structure of the Constitution`. Fundamental Rights are considered part of the basic structure.
• Article 13 provides for Judicial Review, making Fundamental Rights justiciable and paramount.
• Related concepts/Rights:
• Article 20(3): Guarantees the right against self-incrimination.
• `Justice K.S. Puttaswamy Case (2017)`: Recognized Right to Privacy (Article 21) as a fundamental right. Held that the State can collect personal data (like fingerprints, iris scans) for legitimate state aims (e.g., welfare schemes) if it satisfies the tests of legality, necessity, and proportionality.

Distinction between Fundamental Rights and Legal Rights / Directive Principles of State Policy

• Fundamental Rights (FRs) are enshrined in Part III (Articles 12-35) of the Indian Constitution, guaranteeing basic rights essential for human development.
• FRs are justiciable (legally enforceable) and guaranteed by the Constitution, allowing individuals to move the Supreme Court (Art. 32) or High Courts (Art. 226) directly for their enforcement.
• FRs are fundamental because they are crucial for overall personality development, are enshrined in the Constitution, and Parliament cannot ordinarily make laws that abridge or take them away (subject to constitutional amendment and basic structure doctrine).
• FRs are primarily claims of citizens/persons against the State, preventing arbitrary state action. While primarily against the State, some FRs (e.g., Art. 17 against untouchability, Art. 24 against child labour) are also enforceable against private individuals.
• FRs impose limitations on both executive and legislative actions of the State.
• FRs are not absolute; they are subject to reasonable restrictions imposed by the State.
• FRs can be amended by a Constitutional Amendment Act, provided it does not violate the 'Basic Structure' of the Constitution.
• FRs can be suspended during a National Emergency, except for rights under Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty).
• Initially, there were 7 categories of Fundamental Rights; currently, there are 6 categories after the removal of the Right to Property.
• The 6 current Fundamental Rights are: Right to Equality (Arts. 14-18), Right to Freedom (Arts. 19-22), Right against Exploitation (Arts. 23-24), Right to Freedom of Religion (Arts. 25-28), Cultural and Educational Rights (Arts. 29-30), and Right to Constitutional Remedies (Art. 32).
• The concept of Fundamental Rights is inspired by the US Constitution's Bill of Rights and the Universal Declaration of Human Rights (UDHR) (adopted by UN General Assembly on Dec 10, 1948).
• Some FRs are available only to citizens (e.g., Arts. 15, 16, 19), while others are available to all persons (e.g., Arts. 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28).
• Specific Fundamental Rights:
• Right to Education (Article 21A): Inserted by the 86th Constitutional Amendment Act, 2002, making free and compulsory education for children aged 6-14 years a Fundamental Right.
• Right to form associations (Article 19(1)(c)) and Right to practise any profession (Article 19(1)(g)) are Fundamental Rights.
• Abolition of Untouchability (Article 17) is a Fundamental Right.
• Prohibition of Titles (Article 18) is a Fundamental Right (hence, 'Right to be conferred with titles' is not an FR).
• Prohibition of trafficking in human beings and forced labour (Article 23) is a Fundamental Right.
• Protection against arrest and detention (Article 22) is a Fundamental Right.
• Right to speedy trial is an implicit Fundamental Right under Article 21.
• Right to Property:
• Originally a Fundamental Right under Article 19(1)(f) and Article 31.
• Removed from the list of FRs by the 44th Constitutional Amendment Act, 1978.
• Now a Legal Right (or Constitutional Right) under Article 300A in Part XII of the Constitution.
• As a Legal Right, it protects private property against executive action but not necessarily against legislative action (Parliament can legislate to acquire or regulate property).
• Violation of Right to Property can be challenged in a High Court (Art. 226) or through a civil suit, but not directly in the Supreme Court under Article 32.
• It is available to any person, not just citizens.
• Legal Rights:
• Rights protected by ordinary law, not necessarily enshrined in the Constitution's Part III.
• Enforceable in courts, typically through civil suits or writs in High Courts (Art. 226).
• Examples: Right to Property (Art. 300A), Right to Vote and to be elected (Art. 326), Right to Information (RTI).
• Right to Information (RTI), enacted through the RTI Act, 2005, is primarily a legal right; however, the Supreme Court has interpreted it as flowing from the Fundamental Right to Freedom of Speech and Expression (Article 19(1)(a)).
• Right to Vote and to be elected is a Constitutional Right (Article 326) and a Legal Right, not a Fundamental Right.
• Directive Principles of State Policy (DPSPs):
• Enshrined in Part IV (Articles 36-51) of the Constitution.
• Are non-justiciable, meaning they are not legally enforceable by courts.
• Are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
• Serve as moral obligations and guidelines for the government for establishing a welfare state.
• Examples: Right to work (Art. 41), Equal pay for equal work (Art. 39(d)), provisions for improvement of public health and prohibition of intoxicating drinks (Art. 47), promotion of educational and economic interests of weaker sections (Art. 46).
• Rights are claims of the citizens against the State.
• The Motilal Nehru Committee (1928) presented a "Bill of Rights" for India.
• The Universal Declaration of Human Rights (UDHR) does not explicitly include a "Right to Universal Basic Income". India is a signatory to the UDHR.

Enforcement of Fundamental Rights and the Role of Judiciary

• Judiciary (Supreme Court & High Courts) is the guardian/protector of Fundamental Rights (FRs).
• Article 32 is a Fundamental Right itself, making the Supreme Court the guarantor and protector of FRs.
• Supreme Court (SC) cannot refuse relief under Article 32 if a Fundamental Right has been infringed, even if:
• An alternative remedy is available.
• Disputed facts need investigation.
• The petitioner has not asked for the proper writ.
• SC can refuse Article 32 relief if no Fundamental Right has been infringed.
• Article 32 confers a right on the petitioner (SC must enforce); Article 226 confers discretion on High Courts (HCs may refuse).
• Both SC (Art 32) and HCs (Art 226) have common jurisdiction for the protection and enforcement of FRs.
• FRs are enforceable against violations by both actions and inactions of government authorities (the State).
• FRs are guaranteed against actions of both the Executive and the Legislature.
• SC strikes at arbitrary actions of the State.
• SC has jurisdiction to enforce FRs against private bodies and individuals in certain cases (e.g., Habeas Corpus, Articles 17, 23).
• SC can exercise its jurisdiction suo motu or on the basis of a Public Interest Litigation (PIL) for FR enforcement. PILs for FRs can be filed in both SC and HCs.
• Writs:
• Habeas Corpus: Can be filed against both public authorities and private persons (for illegal detention).
• Mandamus: Not normally issued to compel lawmaking. It requires an existing policy or statutory/public duty. Cannot lie in the absence of a policy; can enforce the terms of a laid-down policy.
• Compensation for FR violation was first awarded in Rudal Sah v. State of Bihar (1983) for illegal detention.
• Parole is not an absolute right; it is a discretionary grant. State Governments have their own Prisoners Release on Parole Rules.
• The Supreme Court's power of superintendence over High Courts is not similar to the powers of superintendence conferred on High Courts over courts subordinate to them (Article 227).

Landmark Supreme Court Judgments related to Fundamental Rights

A.K. Gopalan v. State of Madras (1950): 1.

• Article 21 (Right to Life & Personal Liberty) protection available only against arbitrary executive action, not legislative action.
• 'Procedure established by law' interpreted narrowly, meaning a law enacted by legislature, irrespective of its fairness. Romesh Thapar v. State of Madras (1950): 2.
• Emphasized the indispensable nature of freedom of speech and expression (Article 19(1)(a)). Balaji v. State of Mysore (1963): 3.
• Upheld classification of "backward" and "more backward" as permissible under Articles 14/15, provided it's based on relevant criteria and not arbitrary.
• Stated that caste alone cannot be the sole criterion for backwardness and total reservation should not exceed 50%. Golak Nath v. State of Punjab (1967): 4.
• Held that Parliament cannot amend Fundamental Rights.
• Stated that "Fundamental Rights enable a man to chalk out his own life in the manner he likes best."
• Overruled by Kesavananda Bharati case. Kesavananda Bharati v. State of Kerala 5. (1973):
• Known as the "Fundamental Rights" case.
• Introduced the "Basic Structure Doctrine" of the Constitution.
• Held that Parliament can amend Fundamental Rights but cannot alter the 'basic structure' of the Constitution.
• Declared Fundamental Rights as an inviolable part of the Indian Constitution's basic structure.
• Overruled Golak Nath case. ADM Jabalpur v. Shivakant Shukla (1976) 6. (Habeas Corpus Case):
• During National Emergency (1975-77), SC held that fundamental rights, including the right to move court for Habeas Corpus (Art 32), could be suspended.
• Widely criticized and later effectively overturned. Maneka Gandhi v. Union of India (1978): 7.
• Overruled A.K. Gopalan case.
• Article 21 protection available against arbitrary executive and legislative action.
• 'Procedure established by law' must be "fair, just, and reasonable" (infused 'due process of law' into Art 21).
• Held that Articles 14, 19, and 21 are not watertight compartments; they form an 'iron triangle' and must be read together.
• 'Passport' is considered part of personal liberty under Article 21.
• Right to travel abroad is part of Article 21.
• Concept of natural justice and due process are essential parts of the constitutional scheme guaranteeing fundamental rights.
• Right to life under Article 21 does not include the right to die (reiterated in later cases). Sunil Batra v. Delhi Administration (1978): 8.
• Upheld the right against solitary confinement.
• Broadened interpretation of Article 21 to include rights of prisoners. Randhir Singh v. Union of India (1982): 9.
• First case on "Equal Pay for Equal Work".
• Held that 'equal pay for equal work' is not a fundamental right but a constitutional goal under Articles 14, 16, and 39(d), enforceable through Article 32. R.K. Garg and Ors. v. Union of India and 10. Ors. (1981):
• Known as the 'Bearer Bond' case.
• Dealt with the Special Bearer Bonds (Immunities and Exemptions) Act, 1981. Bhim Singh v. State of J & K (1986): 11.
• Related to illegal detention and violation of fundamental rights (primarily Art 21).
• Awarded exemplary damages for rights violation. Sodan Singh v. New Delhi Municipal 12. Corporation (1989):
• Known as the 'Hawker's Rights' case.
• Recognized the right of hawkers/street vendors to carry on trade/business on public streets, subject to reasonable restrictions, as part of Art 19(1)(g). Subhash Kumar v. State of Bihar (1991): 13.
• Right to life under Article 21 includes the right to the enjoyment of pollutionfree water and air.
• It is the duty of the state to provide clean drinking water to its citizens (derived from Art 21). R. Rajgopal v. State of Tamil Nadu (Auto 14. Shankar Case, 1994):
• Known as the 'Auto Shankar' case.
• Recognized 'Right to Privacy' and freedom of the press in the context of publishing a condemned prisoner's autobiography. Vishakha & others v. State of Rajasthan & 15. others (1997):
• Related to the prevention of sexual harassment of women at the workplace.
• Laid down the "Vishakha Guidelines" until suitable legislation was enacted. A. P. Pollution Control Board v. M. V. 16. Nayadu (2001):
• Held that the right to access to drinking water is fundamental to life and it is the duty of the State under Article 21 to provide clean drinking water to its citizens. People's Union for Civil Liberties (PUCL) v. 17. Union of India (2002, 2004):
• Voters have the right to know the antecedents (criminal, financial) of candidates contesting elections.
• Casting of vote is a form of speech and expression (under Art 19(1)(a)).
• Right to Information is a fundamental right (derived from Art 19(1)(a)). T.K. Rangarajan v. Govt. of Tamil Nadu 18. (2003):
• Held that government employees have no fundamental, legal, or moral right to strike. Union of India v. Naveen Jindal (2004): 19.
• Held that the 'Right to Fly the National Flag' freely, with dignity and honour, is a fundamental right under Article 19(1)(a) (freedom of speech and expression). M. Nagaraj v. Union of India (2006/2007): 20.
• Upheld constitutional validity of Article 16(4A) and 16(4B) (reservation in promotion) but laid down conditions like 'creamy layer exclusion', 'adequacy of representation', and 'overall administrative efficiency'.
• Clarified that Art 16(4A) is an enabling provision, not a mandate.
• Reiterated that the "Right to Equality" is a basic feature of the Constitution. Anuj Garg v. Hotel Association of India 21. (2007):
• Struck down Section 30 of Punjab Excise Act (1914) & similar laws prohibiting employment of women in premises where liquor is consumed, citing Article 14 and 15 (equality and non-discrimination). Namit Sharma v. Union of India (2012): 22.
• Related to the Right to Information Act, 2005.
• SC gave directions regarding the appointment and terms of service of Information Commissioners. Shreya Singhal v. Union of India (2015): 23.
• Struck down Section 66A of the IT Act, 2000, as unconstitutional, violating freedom of speech and expression (Article 19(1)(a)). Justice K.S. Puttaswamy (Retd.) vs Union of 24. India (2017):
• Declared 'Right to Privacy' as an intrinsic part of Article 21 (Right to life and liberty) and thus a Fundamental Right.
• Historic judgment delivered by a 9Judge Constitutional Bench headed by Chief Justice J.S. Khehar on August 24, 2017.
• Government had argued that the Constitution does not guarantee individual privacy as an inalienable Fundamental Right.
• Justice J.S. Khehar was the 44th Chief Justice of India (Jan-Aug 2017). Joseph Shine v. Union of India (2018): 25.
• Struck down Section 497 of the Indian Penal Code (Adultery) as unconstitutional, violating Articles 14, 15, and 21.
• Related to women's rights and equality. Navtej Singh Johar v. Union of India (2018): 26.
• Partially decriminalized Section 377 of the IPC, making consensual homosexual acts between adults no longer a crime.
• Related to LGBTQ+ rights. Indian Young Lawyers Association v. State of 27. Kerala (Sabarimala Case, 2018):
• Related to women's rights and equality, specifically the entry of women of all ages into the Sabarimala temple. Other Important Quotations/Concepts: 28.
• Fundamental Rights: Described as "Magna Carta of India," "Conscience of the Constitution" (Granville Austin), and inspired by the US Bill of Rights.
• Dr. S. Radhakrishnan: Called Fundamental Rights "a pledge to our people and a pact with the civilized world."
• Jawaharlal Nehru: Said, "A Fundamental Right should be looked upon... as something that you want to make permanent in this Constitution."
• Right to Information: Is a Fundamental Right (derived from Art 19(1)(a)) and also a statutory right (RTI Act, 2005).
• Making of class within class: Arbitrary classification within a class is violative of Article 14.

Restrictions on Fundamental Rights (Articles 33, 34)

• Fundamental Rights (FRs) are not absolute but are qualified; the State may impose reasonable restrictions on them.
• Parliament is authorized by the Constitution to impose reasonable restrictions on FRs through legislation.
• Courts (Supreme Court, High Courts) determine the 'reasonability' of restrictions, considering factors like: nature of the right, purpose of restriction, extent/urgency of the evil, and proportionality of the imposition. Arbitrary or excessive restrictions can be struck down.
• Article 33: Power of Parliament to modify the rights conferred by Part III in their application to Armed Forces, etc.
• Parliament can, by law, modify or abrogate the FRs of:
• Members of the Armed Forces.
• Members of forces charged with the maintenance of public order (e.g., police).
• Persons employed in any bureau or other organisation established by the State for purposes of intelligence.
• Persons employed in telecommunication systems for the above forces/organizations.
• Purpose: To ensure the proper discharge of their duties and the maintenance of discipline among them.
• Laws made under Article 33 cannot be challenged in a court on the ground of contravention of any FR.
• Article 34: Restriction on FRs while Martial Law is in force in any area.
• Parliament can by law indemnify any person in the service of the Union or a State for any act done in connection with the maintenance or restoration of order in any area where martial law was in force.
• It can validate any sentence passed, punishment inflicted, forfeiture ordered, or other act done under martial law.
• Martial law means 'military rule,' imposed in extraordinary circumstances (war, insurgency, riot) to restore order.
• It suspends ordinary law, government, and courts, vesting special powers in the military, thereby restricting or suspending FRs.
• Martial law is distinct from a National Emergency (Article 352).
• Other Notable Restrictions on FRs:
• Preventive Detention (Article 22): A law providing for preventive detention cannot authorize detention of a person for longer than three months unless an Advisory Board has reported sufficient cause.
• Article 19(5): Allows reasonable restrictions on freedoms of movement (Art 19(1)(d)) and residence (Art 19(1) (e)) for the protection of the interests of any Scheduled Tribe.

Right Against Exploitation (Articles 23-24)

• Right Against Exploitation encompasses Articles 23 and 24 of the Constitution.
• Article 23: Prohibition of Traffic in Human Beings and Forced Labour
• Prohibits:
• Traffic in human beings (selling/ buying, slavery, immoral traffic, including prostitution).
• Begar (forced labour without remuneration).
• Other similar forms of forced labour (e.g., bonded labour, payment of wages less than minimum wage).
• Applies to both the State and private individuals.
• Parliament can make laws to punish these acts (e.g., Immoral Traffic (Prevention) Act, 1956; Bonded Labour System (Abolition) Act, 1976).
• Exception (Article 23(2)): The State can impose compulsory service for public purposes (e.g., military service, social service). Such service cannot discriminate on grounds of religion, race, caste, or class.
• Supreme Court Rulings:
• P.U.D.R. Vs. Union of India (1982): Payment of wages less than the minimum prescribed wage is considered 'forced labour' under Article 23.
• Sanjit Roy Vs. State of Rajasthan (1983): Even for public purposes, forced labour without payment of minimum wages violates Article 23.
• Article 24: Prohibition of Employment of Children in Factories, etc.
• Prohibits the employment of children below the age of 14 years.
• Applicability: In any factory, mine, or any other hazardous employment.
• Nature of prohibition: It is an absolute prohibition for hazardous work.
• Does not prohibit their employment in non-hazardous or innocent work.
• This article is directly related to the exploitation of children.
• Its purpose is reinforced by Article 21A, which makes education a Fundamental Right for children (6-14 years).

Right to Constitutional Remedies (Article 32) and Writ Jurisdiction

• Article 32: Right to Constitutional Remedies
• Described by Dr. B.R. Ambedkar as the "heart and soul" of the Indian Constitution due to its role in making other Fundamental Rights (FRs) effective.
• It is a Fundamental Right itself, ensuring remedies for the enforcement of other FRs.
• Guarantees the right to move the Supreme Court (SC) directly for the enforcement of FRs.
• The SC has original jurisdiction under Article 32 but not exclusive; High Courts (HCs) also have writ jurisdiction under Article 226.
• The SC cannot generally refuse a writ petition under Article 32 on the ground of delay, though it can consider it.
• Protection under Article 32 applies only to FRs, not to the enforcement of ordinary laws.
• Parliament can empower any other court (e.g., district courts) to issue writs for FR enforcement without affecting the SC's powers.
• The rights guaranteed by Article 32 can be suspended during a National Emergency (Article 359) by a Presidential Order approved by Parliament.
• Writ Jurisdiction
• Both SC (Article 32) and HCs (Article 226) can issue writs.
• SC issues writs only for the enforcement of Fundamental Rights.
• HCs issue writs for the enforcement of FRs AND for "any other purpose" (i.e., enforcement of ordinary legal rights), making HC writ jurisdiction wider than the SC's.
• There are five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
• 1. Habeas Corpus (Latin: "You may have the body" / "To have the body of" / "Let us have the body")
• Purpose: To secure the release of a person who has been unlawfully detained or arrested. It commands the detaining authority to produce the person before the court.
• Safeguards personal liberty of citizens and all persons within the territory.
• Can be issued against both public authorities and private individuals/bodies who unlawfully detain another person.
• Not to be entertained when a person is committed to judicial custody or public custody by a competent court (unless the commitment itself is illegal).
• Cannot be invoked for the release of a person imprisoned by a court of law on a criminal charge if the order of imprisonment is lawful.
• Cannot be dismissed on the ground of imperfect pleadings.
• A.D.M. Jabalpur Vs. S. Shukla (1976), known as the Habeas Corpus case, is a significant judgment concerning its suspension during an emergency.
• Petitions for Habeas Corpus are generally not subject to the rule of Res Judicata if new grounds for detention or illegality emerge.
• 2. Mandamus (Latin: "We command")
• Purpose: Commands a public official, public body, corporation, inferior court, tribunal, or government to perform a public duty which they have refused or failed to perform.
• Cannot be issued against a private individual or body.
• Cannot be issued against the President of India or State Governors.
• Cannot be issued against the Chief Justice of a High Court acting in a judicial capacity.
• Cannot be issued to enforce a discretionary duty or a contractual obligation.
• 3. Prohibition (Latin: "To forbid" / "To stop")
• Purpose: Issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction it does not possess.
• It is a preventive writ, issued during the pendency of proceedings in the lower court/ tribunal.
• Applicable only against judicial and quasijudicial authorities.
• Cannot be issued against administrative authorities, legislative bodies, or private individuals/bodies.
• Cannot be issued against the Election Commission of India.
• 4. Certiorari (Latin: "To be certified" / "To be apprised" / "Be more fully informed")
• Purpose: Issued by a higher court to a lower court or tribunal to quash an order or decision made by them, usually on grounds of excess of jurisdiction, lack of jurisdiction, or error of law apparent on the face of the record.
• It is a curative/corrective writ, issued after an order or decision has been made. Hence, sometimes referred to as 'postmortem'.
• Applicable only against judicial and quasijudicial authorities.
• Cannot be issued against administrative authorities, legislative bodies, or private individuals/bodies.
• 5. Quo Warranto (Latin: "By what authority or warrant")
• Purpose: Issued to inquire into the legality of the claim of a person to a public office and prevent illegal usurpation of public office.
• Necessary condition: The office must be public, substantive, and created by a statute or by the Constitution itself.
• Cannot be issued in cases of ministerial office or private office.

Right to Equality (Articles 14-18)

• Right to Equality (Articles 14-18): Covered under Part III (Fundamental Rights) of the Indian Constitution.
• Aims to establish social equality, justice, and prevent discrimination.
• Some rights are available to all persons (citizens & foreigners), while others are exclusively for citizens.
• Article 14: Equality before Law and Equal Protection of Laws
• Scope: Available to all persons (citizens, foreigners, legal persons like corporations, companies).
• "Equality before Law" (British concept):
• Negative concept: Implies absence of special privileges.
• Equal subjection of all persons to the ordinary law of the land.
• No person is above the law (part of A.V. Dicey's Rule of Law).
• "Equal Protection of Laws" (American concept):
• Positive concept: Implies equal treatment under equal circumstances.
• Similar application of the same laws to all similarly situated persons ("likes should be treated alike").
• Permits reasonable classification but forbids class legislation.
• Classification must be based on an intelligible differentia and have a rational nexus to the object sought to be achieved by the law.
• Exceptions to Equality (Art 14):
• President/Governors (Art 361): Immunity from court proceedings for official acts.
• MPs/MLAs (Art 105, 194): Immunity for anything said or vote given in Parliament/State Legislature.
• Art 361A: Immunity for publication of substantially true reports of parliamentary/state legislature proceedings.
• Foreign sovereigns, ambassadors, diplomats enjoy immunity from criminal and civil proceedings.
• UNO and its agencies enjoy diplomatic immunity.
• Article 15: Prohibition of Discrimination on grounds of Religion, Race, Caste, Sex or Place of Birth
• Scope: Available only to citizens.
• Art 15(1): State shall not discriminate against any citizen only on grounds of religion, race, caste, sex, place of birth.
• Art 15(2): No citizen shall be subjected to any disability, liability, restriction or condition only on grounds of religion, race, caste, sex, place of birth with regard to:
• Access to shops, public restaurants, hotels, public entertainment places.
• Use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
• Exceptions (Special Provisions/ Affirmative Action):
• Art 15(3): State can make special provisions for women and children.
• Art 15(4) (1st Amendment, 1951): State can make special provisions for advancement of any Socially and Educationally Backward Classes (SEBCs) or for SCs and STs (e.g., admission to educational institutions).
• Art 15(5) (93rd Amendment, 2005): State can make special provisions for advancement of SEBCs, SCs, STs regarding admission to educational institutions, including private unaided ones (except minority educational institutions).
• Art 15(6) (103rd Amendment, 2019): State can make special provisions for advancement of Economically Weaker Sections (EWS), up to 10% reservation, including admission to educational institutions (including private unaided, except minority educational institutions).
• If discrimination is solely on Art 15 grounds (not under exceptions), it violates Art 15 and cannot be saved by Art 14.
• Article 16: Equality of Opportunity in Public Employment
• Scope: Available only to citizens.
• Art 16(1): Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
• Art 16(2): No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
• Exceptions:
• Art 16(3): Parliament can prescribe residence as a qualification for certain employment or appointments in a State or Union Territory.
• Art 16(4): State can make provisions for reservation of appointments or posts in favour of any backward class of citizens who, in the opinion of the State, are not adequately represented in the services under the State.
• Art 16(4A) (77th & 85th Amdt): Reservation in promotion for SCs and STs with consequential seniority.
• Art 16(4B) (81st Amdt): Carry forward of unfilled reserved vacancies as a separate class, not subject to 50% ceiling rule.
• Art 16(5): A law can provide that an incumbent of an office in connection with the affairs of any religious or denominational institution shall belong to that particular religion/denomination.
• Art 16(6) (103rd Amendment, 2019): Reservation up to 10% for EWS in public employment.
• Reservations for physically challenged persons are justified under Art 14 and/ or Art 16(1) as a means to achieve substantive equality.
• Reservation benefits are generally by birth, not by marriage (e.g., a High Caste Hindu female marrying an SC male not entitled to SC reservation).
• Article 17: Abolition of Untouchability
• Scope: Available to all persons.
• "Untouchability" is abolished and its practice in any form is forbidden.
• The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.
• The term "Untouchability" is not defined in the Constitution.
• Legislation: Parliament enacted the Untouchability (Offences) Act, 1955, which was later renamed and strengthened as the Protection of Civil Rights Act, 1955 (in 1976).
• Aims at achieving social equality.
• Article 18: Abolition of Titles
• Art 18(1): No title, not being a military or academic distinction, shall be conferred by the State.
• Art 18(2): No citizen of India shall accept any title from any foreign State.
• Art 18(3): No person who is not a citizen of India (i.e., a foreigner), while holding any office of profit or trust under the State, shall accept without the consent of the President any title from any foreign State.
• Art 18(4): No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.
• Balaji Raghavan v. Union of India (1996): The Supreme Court held that Padma Awards (Bharat Ratna, Padma Vibhushan, Padma Bhushan, Padma Shri) are not 'titles' under Art 18. They are awards/decorations for distinguished service/merit and cannot be used as prefixes or suffixes to names.
• Aims at achieving social equality and preventing artificial distinctions or privileged classes.
• Summary of Fundamental Rights (14-30) by Availability:
• Available ONLY to Citizens:
• Article 15 (Prohibition of discrimination on grounds of RRCSP)
• Article 16 (Equality of opportunity in public employment)
• Article 19 (Six freedoms: speech, assembly, association, movement, residence, profession)
• Article 29 (Protection of interests of minorities)
• Article 30 (Right of minorities to establish and administer educational institutions)
• Article 18(2) (No citizen shall accept any title from any foreign State).
• Available to ALL Persons (Citizens & Foreigners):
• Article 14 (Equality before law & equal protection of laws)
• Article 17 (Abolition of Untouchability)
• Article 20 (Protection in respect of conviction for offences)
• Article 21 (Protection of life & personal liberty)
• Article 21A (Right to elementary education)
• Article 22 (Protection against arrest & detention in certain cases)
• Article 23 (Prohibition of traffic in human beings & forced labour)
• Article 24 (Prohibition of employment of children in factories, etc.)
• Article 25 (Freedom of conscience & free profession, practice, propagation of religion)
• Article 26 (Freedom to manage religious affairs)
• Article 27 (Freedom as to payment of taxes for promotion of any particular religion)
• Article 28 (Freedom as to attendance at religious instruction or religious worship)
• Article 18(3), 18(4) (for noncitizens holding office of profit/ trust under the State).

Right to Freedom (Articles 19-22), including Right to Life and Personal Liberty (Article 21)

Article 19: Protection of Six Rights (Citizens 1. Only)

• Original Constitution had 7 rights; Right to property (Art 19(1)(f)) removed by 44th Constitutional Amendment Act, 1978.
• Available exclusively to Indian citizens (not to aliens/foreigners), except enemy aliens.
• These rights are not absolute and are subject to reasonable restrictions imposed by the State.
• Six Freedoms under Article 19(1): Freedom of Speech and Expres1. sion [Art 19(1)(a)]
• Includes: Freedom of Press (implied), Right to know about government activities, Freedom of silence, Right against imposition of pre-censorship on a newspaper, Right to hoist the National Flag on private buildings (Union of India v. Naveen Jindal, 2004).
• Does NOT include: Right to strike, unbecoming criticism, Gherao officials not performing duties.
• Restrictions [Art 19(2)]: Sovereignty & integrity of India, Security of the State, Friendly relations with foreign states, Public order, Decency or morality (Hicklin Test), Contempt of court, Defamation, Incitement to an offence.
• A person whose freedom of movement is restricted (e.g., in detention) does not lose their freedom of expression.
• Protected speech includes unpopular opinion, dissent, criticism of the government, and minority opinion. Freedom to Assemble Peaceably 2. and Without Arms [Art 19(1)(b)]
• Assembly must be peaceful and unarmed.
• Does NOT include right to Gherao officials.
• Restrictions [Art 19(3)]: Sovereignty & integrity of India, Public order. Freedom to Form Associations 3. or Unions or Co-operative Societies [Art 19(1)(c)]
• "Co-operative societies" added by 97th Constitutional Amendment Act, 2011.
• Restrictions [Art 19(4)]: Sovereignty & integrity of India, Public order, Morality. Freedom to Move Freely 4. throughout the Territory of India [Art 19(1)(d)]
• Restrictions [Art 19(5)]: Interest of the general public, Protection of the interests of any Scheduled Tribe. Freedom to Reside and Settle in 5. any Part of the Territory of India [Art 19(1)(e)]
• Restrictions [Art 19(5)]: Interest of the general public, Protection of the interests of any Scheduled Tribe. Freedom to Practise any Profes6. sion, or to Carry on any Occupation, Trade or Business [Art 19(1)(g)]
• Restrictions [Art 19(6)]: Interest of the general public, Prescribing professional or technical qualifications, State carrying on any trade, business, industry, or service (monopoly). Article 20: Protection in respect of Convic2. tion for Offences (All Persons)
• Available to both citizens and non-citizens.
• Guarantees three protections against arbitrary and excessive punishment to an accused person: Protection against Ex-Post 1. Facto Law [Art 20(1)]: No conviction except for violation of law in force at the time of the act. Punishment cannot be greater than prescribed at that time. (Nulla poena sine lege) Protection against Double Jeop2. ardy [Art 20(2)]: No person shall be prosecuted and punished for the same offence more than once. (Non bis in idem, Autrefois acquit, Autrefois convict)
• Protection applies only to judicial punishment, not departmental or executive punishment. Protection against Self-Incrim3. ination [Art 20(3)]: No person accused of any offence shall be compelled to be a witness against himself.
• Does not extend to compulsory production of material objects, giving of finger impressions, handwriting samples, or voice samples.
• The Supreme Court held that forcing a person to undergo narco-analysis, polygraph, and brain mapping tests violates Article 20(3) and Article 21.
• Protection extends only to criminal proceedings, not civil proceedings.
• Prohibition against torture is NOT explicitly part of Article 20. Article 21: Protection of Life and Personal 3. Liberty (All Persons)
• Available to both citizens and noncitizens (including aliens, except enemy aliens).
• States: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
• Judicial Interpretation:
• A.K. Gopalan vs. State of Madras (1950): Strict interpretation, 'procedure established by law' meant simply a law enacted by the legislature, regardless of its fairness.
• Maneka Gandhi vs. Union of India (1978): Landmark case that gave a wider interpretation. 'Procedure established by law' must be fair, just, and reasonable, not arbitrary. This effectively brought the 'due process of law' doctrine into Indian jurisprudence for personal liberty. Articles 14, 19, and 21 are not mutually exclusive but form a "golden triangle."
• Procedure Established by Law vs. Due Process of Law:
• Procedure Established by Law (Indian originally): If a procedure is established by law, the state can deprive a person of life or personal liberty by following that procedure. Focuses on formal adherence to legal procedures.
• Due Process of Law (American concept, now largely followed in India): Not only checks if there is a law, but also sees if the law itself is fair, just, and not arbitrary. Emphasises protection of individual rights and fairness in application.
• Expanded Scope (Includes many implicit rights):
• Right to live with human dignity (Right to a dignified life).
• Right to privacy (Justice K.S. Puttaswamy vs. Union of India, 2017, declared FR; includes phone tapping - PUCL vs. Union of India). Not an absolute right.
• Right to marry a person of one's choice.
• Right to free legal aid and speedy trial.
• Right against solitary confinement, handcuffing, public hanging.
• Right to health, medical aid, and emergency medical treatment.
• Right to clean environment, clean water, pollution-free air (includes right against noise pollution, smoking in public places - Murli S. Deora vs. UoI, Ganga Water case - M.C. Mehta vs. UoI).
• Right to shelter and livelihood.
• Right to education (Art 21A).
• Right against sexual harassment at the workplace (Vishakha vs. State of Rajasthan).
• Right to reputation.
• Right to go abroad.
• Right against arbitrary detention of undertrial prisoners.
• Right to die with dignity (passive euthanasia, living will allowed; active euthanasia not allowed). However, Right to Life does NOT include Right to Die (Gian Kaur vs. State of Punjab, 1996).
• Rights of transgenders, craniopagus twins, and mentally retarded women to bear a child.
• Right to know about government activities (also linked to Art 19(1)(a)).
• Article 21A (Right to Education):
• State shall provide free and compulsory education to all children of the age of 6 to 14 years.
• Inserted by the 86th Constitutional Amendment Act, 2002.
• The Right to Education Act, 2009 was passed by Parliament on August 4, 2009, and came into force on April 1, 2010.
• The Supreme Court in Unnikrishnan vs. State of Andhra Pradesh (1993) first held that right to education up to 14 years is a Fundamental Right.
• Capital punishment is not considered a violation of Article 21 if awarded by due process of law.
• Right to Water is inferred from the Right to Life, and access to clear water is a Natural Right. Article 22: Protection against Arrest and 4. Detention in Certain Cases (All Persons)
• Available to both citizens and non-citizens.
• Applies to two types of persons: Punitive Detention (Ordinary 1. Law): A person arrested or detained under ordinary law.
• Rights:
• Right to be informed of the grounds of arrest.
• Right to consult and be defended by a legal practitioner of his/her choice.
• Right to be produced before the nearest Magistrate within 24 hours of arrest (excluding journey time).
• No detention beyond 24 hours without the authority of a Magistrate.
• These safeguards are not available to an enemy alien or a person arrested/ detained under a preventive detention law. Preventive Detention (Prevent2. ive Detention Law): A person detained without trial, based on suspicion that they are likely to commit an offence.
• Rights:
• Grounds of detention must be communicated to the detenu (unless against public interest).
• Right to make a representation against the detention order.
• Detention cannot exceed 3 months unless an Advisory Board finds sufficient cause for extended detention. (The 44th CAA, 1978 reduced this to 2 months, but this provision has not yet been brought into force, so practically it remains 3 months).
• Advisory Board consists of persons who are or have been, or are qualified to be judges of a High Court, usually headed by a sitting High Court judge.
• Parliament has exclusive power to make laws for preventive detention for reasons connected with defence, foreign affairs, or security of India. Both Parliament and State Legislatures can make laws for reasons connected with the security of a state, maintenance of public order, or essential supplies/ services.
• A detenu can challenge the detention order if already in jail when the order was passed.
• The right to protection against arrest is not available to a person in jail pursuant to a judicial order (i.e., already convicted). Rights available ONLY to Citizens (within 5. Articles 19-22 context):
• Article 19 (all six freedoms). Rights available to BOTH Citizens and For6. eigners (within Articles 19-22 context):
• Article 20 (Protection in respect of conviction for offences).
• Article 21 (Protection of life and personal liberty, including Art 21A Right to Education).
• Article 22 (Protection against arrest and detention in certain cases). General Points: 7.
• Right to property is no longer a Fundamental Right (removed from Art 19(1)(f) and Art 31 by 44th CAA, 1978). It is now a legal right under Article 300A.
• Right to Vote/contest an election is NOT a Fundamental Right.

Right to Freedom of Religion (Articles 25-28)

• Articles 25-28 of the Indian Constitution guarantee the Right to Freedom of Religion.
• India is a secular state, meaning the state maintains neutrality and impartiality towards all religions and does not uphold any particular religion as its own.
• Components of Indian Secularism include: civil equality (Art 14), prohibition of discrimination on religious grounds (Art 15, 16), freedom of religion (Art 25-28), and no religious instruction by the state (Art 28).
• Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion.
• Guarantees freedom of conscience, the right to profess, practice, and propagate religion to all persons (citizens and non-citizens).
• Subject to: Public order, morality, health, and other Fundamental Rights.
• State can make laws:
• Regulating or restricting any economic, financial, political, or other secular activity associated with religious practice.
• Providing for social welfare and reform or throwing open Hindu religious institutions of a public character to all classes and sections of Hindus.
• Explanation I: Carrying of 'Kirpans' is deemed to be included in the profession of the Sikh religion.
• Explanation II: The reference to Hindus includes persons professing the Sikh, Jaina, or Buddhist religion.
• The right to enter a temple for worship, as protected by Art 25(2)(b), is not absolute and is subject to the stated restrictions.
• Freedom of conscience cannot be restricted on the ground of 'security of state' or 'social justice' as specific grounds under Article 25.
• Article 26: Freedom to Manage Religious Affairs.
• Every religious denomination, or any section thereof, has the right:
• To establish and maintain institutions for religious and charitable purposes.
• To manage its own affairs in matters of religion.
• To own and acquire movable and immovable property.
• To administer such property in accordance with law.
• Subject to: Public order, morality, and health.
• This right applies to every religious denomination, not just "minor communities."
• A 'religious denomination' is generally understood as a collection of individuals with a system of beliefs conducive to spiritual well-being, a common organization, and a distinctive name.
• Restrictions mentioned under Art 26 do not include 'National Security', 'Education', or 'Secularism' directly.
• Article 27: Freedom as to Payment of Taxes for Promotion of any Particular Religion.
• No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
• The State can levy fees to regulate the secular administration of religious institutions.
• Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions.
• No religious instruction shall be imparted in any educational institution wholly maintained out of State funds.
• This prohibition does not apply to institutions administered by the State but established under an endowment or trust requiring religious instruction to be imparted.
• No person attending any educational institution recognized by the State or receiving aid out of State funds shall be compelled to take part in any religious instruction or to attend any religious worship conducted in such institution without their consent. (In case of a minor, the consent of their guardian is required).
• Sentiments of the majority or against certain practices (like cow slaughter) are not constitutional components of secularism in the context of fundamental rights.
• Secularism does not mean not applicable to irreligious persons/citizens; it implies equal treatment for all, including the irreligious.

Suspension of Fundamental Rights during National Emergency

• Suspension of Fundamental Rights (FRs) during Emergency is borrowed from the Weimar Constitution of Germany.
• FRs can be suspended by the President only during a National Emergency.
• Article 358:
• Provides for automatic suspension of Article 19.
• Applies only when National Emergency is declared on grounds of 'war' or 'external aggression'.
• Does not apply when emergency is declared on grounds of 'armed rebellion' (44th Amendment Act, 1978).
• Article 19 is revived automatically once the emergency ceases.
• Article 359:
• Empowers the President to suspend the right to move any court for the enforcement of other FRs (not the FRs themselves, but the right to enforce them).
• Requires a specific Presidential Order.
• The Order specifies the FRs whose enforcement is suspended and for what period.
• Articles 20 and 21 cannot be suspended under any circumstances (44th Amendment Act, 1978).
• The Presidential Order must be laid before each House of Parliament.

16. Directive Principles of State Policy

Practice MCQs: Fundamental Rights

Amendment of Fundamental Rights and the Basic Structure Doctrine

1. Which of the following Articles in the Constitution of India are exceptions to the Fundamental Rights enumerated in Article 14 and Article 19?

   Asked in: UPSC CDS 2 2020

   1. Article 31A and Article 31C
   2. Article 31B and Article 31D
   3. Article 12 and Article 13
   4. Article 16 and Article 17
   Show answer

   Answer: A. Article 31A and Article 31C

   These Articles were introduced to facilitate socio- economic reforms, particularly land reforms, and the implementation of Directive Principles, by preventing judicial review based on potential conflicts with fundamental rights like equality and the freedoms under Article 19.

2. Under Article 368, the Parliament has no power to repeal Fundamental Rights because these are :

   Asked in: OPSC CS Prelims 2017

   1. Enshrined in Part-3 of the Constitution
   2. Human Rights
   3. Transcendental Rights
   4. Part of Basic Structure of the Constitution
   Show answer

   Answer: D. Part of Basic Structure of the Constitution

   The Basic Structure doctrine places a limitation on the amending power of Parliament. While not explicitly defined, elements like fundamental rights (subject to reasonable restrictions), secularism, democracy, federalism, etc., have been included in the list of basic features by various Supreme Court judgments.

3. Which one of the following is NOT a fundamental right anymore ?

   Asked in: OPSC CS Prelims 2019

   1. Right to property
   2. Right to Constitutional remedies
   3. Right to move freely throughout the country
   4. Right to assemble peacefully
   Show answer

   Answer: A. Right to property

   Originally a fundamental right under Article 31, the Right to Property was removed from Part III of the Constitution by the 44th Amendment Act, 1978. It was made a legal right under Article 300A.

4. The fundamental rights under Articles 12-35

   Asked in: WBCS Main Paper 5 2019

   1. are absolutely flexible
   2. can be amended
   3. not justiciable
   4. cannot be amended
   Show answer

   Answer: B. can be amended

   Fundamental rights are part of the Constitution and can be amended by the Parliament through the procedure laid down in Article 368. This power includes the power to amend Fundamental Rights.

5. During which Prime Minister's tenure, Right to Property was deleted from the list of Fundamental Rights from Constitution of India ?

   Asked in: Sr. Teacher Gr II (Sanskrit Edu.) Exam 2018 1 2018 · Sr. Teacher Gr II (Sanskrit Edu.) Exam 2018 2 2018

   1. Jawaharlal Nehru
   2. Lal Bahadur Shastri
   3. Indira Gandhi
   4. Morarji Desai
   Show answer

   Answer: D. Morarji Desai

   Fundamental Rights are guaranteed to citizens under Part III of the Constitution. However, Parliament has the power to amend the Constitution, including the Fundamental Rights, through a special procedure.

6. Which of the following Amendments has made free and compulsory education for children between the ages of 6 to 14 years as a Fundamental Right?

   Asked in: APPSCCE 2020 Prelims 2020

   1. 8th Amendment
   2. 24th Amendment
   3. 45th Amendment
   4. 86th Amendment
   Show answer

   Answer: D. 86th Amendment

   - 86th Amendment Act, 2002 Made elementary education a fundamental right. - Article 21A Guarantees the right to education for children aged 6-14 years. - Right to Education Act, 2009 (RTE Act) Enacted to implement the provisions of Article 21A.

7. Which of the following Articles are exceptions to the Fundamental Rights enumerated in Articles 14 and 19?

   Asked in: APPSCCE 2020 Prelims 2020

   1. Articles 31A and 31C
   2. Articles 36 and 37
   3. Articles 25 and 45
   4. Articles 40 and 46
   Show answer

   Answer: A. Articles 31A and 31C

   Article 31A and 31C were introduced to overcome judicial pronouncements that had invalidated certain land reform and socio-economic legislation on the grounds of violating fundamental rights, particularly the right to property.

Cultural and Educational Rights of Minorities (Articles 29-30)

8. Which one of the following statements relating to cultural and educational rights in India is not correct?

   Asked in: UPSC CDS 1 2017

   1. Every section of the citizens has the right to conserve its language, script or culture.
   2. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds of religion, race or language.
   3. The State shall, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a majority community.
   4. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
   Show answer

   Answer: C. The State shall, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a majority community.

   Article 30(2) prohibits the state from discriminating against minority-managed educational institutions when granting aid. Statement C incorrectly applies this principle to majority communities and reverses the concept of non-discrimination.

9. Correctly match the following: (I) (II) (a) Cultural and Educational (i) Articles Rights 14-18 (b) Right to Constitutional (ii) Articles Remedies 23-24 (c) Right against Exploitation (iii) Article 32 (iv) Articles (d) Right to Equality 29-30 Code:

   Asked in: CGPSC Prelims Exam 2022

   1. (a)-(iv), (b)-(iii), (c)-(i), (d)-(ii)
   2. (a)-(iii), (b)-(iv), (c)-(ii), (d)-(i)
   3. (a)-(iii), (b)-(iv), (c)-(i), (d)-(ii)
   4. (a)-(iv), (b)-(iii), (c)-(ii), (d)-(i)
   Show answer

   Answer: D. (a)-(iv), (b)-(iii), (c)-(ii), (d)-(i)

   Understanding the articles associated with different Fundamental Rights is crucial for comprehending Part III of the Indian Constitution.

10. What is the main purpose of Right to Education Act, 2009 ?

    Asked in: MPSC CS Prelims 2015

    1. Eradication of Illiteracy
    2. Universal Elementary Education to all
    3. Free and Compulsory Education to all children of 6 to 14 years of age
    4. All of the above
    Show answer

    Answer: C. Free and Compulsory Education to all children of 6 to 14 years of age

    - The RTE Act makes education a fundamental right for children aged 6 to 14 years under Article 21-A of the Constitution. - It mandates free and compulsory education, meaning no child in this age group shall be liable to pay any kind of fee or charges and admission, attendance, and completion of elementary education is ensured by the government. - The Act lays down standards and norms for schools, including pupil-teacher ratio, infrastructure, etc.

11. Jallikattu, the bull taming sport of Tamil culture and tradition is protected according to article ________ of the Constitution of India

    Asked in: TNPSC CS Prelims 2019

    1. 29 (1)
    2. 39 (1)
    3. 49 (1)
    4. 59 (1)
    Show answer

    Answer: A. 29 (1)

    - Article 29(1) of the Constitution states: "Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same." This article protects the cultural rights of distinct sections of citizens. Jallikattu is considered a traditional cultural practice of Tamil Nadu. - While the practice has faced legal challenges regarding animal welfare (related to fundamental rights like the right to life under Article 21, which the Supreme Court has interpreted to include the right to live with dignity, extending even to animals in some judgments), the constitutional basis cited for its protection by proponents often relies on cultural rights, most pertinently Article 29(1). - Articles 39 and 49 are part of the Directive Principles of State Policy (Part IV), related to social welfare and protection of monuments, respectively, and are less directly applicable to protecting a specific cultural sport. Article 59 does not exist in the Constitution.

12. Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R). Statement-I: Article 30 of the Constitution of India does not define the term 'minorities". Statement-II: The Constitution recognises only linguistic and religious minorities. Select the correct answer from the codes given below:

    Asked in: UPPCS Prelims 2019

    1. Both (A) and (R) are true and (R) is the correct explanation of (A)
    2. Both (A) and (R) are true bus (R) is not the correct explanation of (A)
    3. (A) is true, but (R) is false
    4. (A) is false, but (R) is true
    Show answer

    Answer: B. Both (A) and (R) are true bus (R) is not the correct explanation of (A)

    Article 30 grants rights to religious and linguistic minorities to establish and administer educational institutions. The term 'minority' itself is not defined in the Constitution.

13. Which one of the following statements about the provisions of the Constitution of India is correct?

    Asked in: UPSC CAPF 2017

    1. Minorities can establish and administer educa‐ tional institutions of their choice
    2. Only linguistic, ethnic and religious minorities find mention under Article 30
    3. Every religious denomination has unfettered right to establish and maintain institutions for religious and charitable purposes
    4. An educational institution established by a religious minority loses its minority status on receiving financial aid from the Government
    Show answer

    Answer: A. Minorities can establish and administer educa‐ tional institutions of their choice

    Article 30(1) states: "All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice." This is a fundamental right designed to protect the cultural and educational rights of minorities.

14. If any person other than the one covered under Article 30 of the Constitution of India establishes a college, which Fundamental Right can be claimed by him/her for managing that institution?

    Asked in: UPSC Combined Section Officer 2019 20

    1. Right to equality under Article 14
    2. Right to one of the freedoms under Article 19(1)
    3. Right under Article 29
    4. Right under Article 41
    Show answer

    Answer: B. Right to one of the freedoms under Article 19(1)

    - Article 30 grants minorities (religious or linguistic) the right to establish and administer educational institutions of their choice. This right is specifically for minorities. - The question concerns a person other than one covered under Article 30, meaning a person belonging to the majority community or a non-minority group. - A) Article 14 (Right to equality) is relevant for non-discrimination but does not grant the specific right to establish and manage an institution. - B) Article 19(1)(g) guarantees all citizens the right to practice any profession, or to carry on any occupation, trade or business. The Supreme Court has held that establishing and managing an educational institution is a fundamental right available to all citizens under Article 19(1) (g), subject to reasonable restrictions under Article 19(6). This is the basis for the right of non- minorities to establish and administer educational institutions. - C) Article 29 (Protection of interests of minorities) protects the cultural and educational rights of minorities. It is not applicable to non- minorities establishing institutions. - D) Article 41 is a Directive Principle of State Policy related to the right to work, education, etc., not a Fundamental Right that an individual can claim to manage an institution.

Definition of 'State' (Article 12) and Laws Inconsistent with FRs (Article 13)

15. Which one of the following is the correct meaning of the term 'State', as defined in Article 12 of the Constitution of India ?

    Asked in: UPSC CDS 2 2021

    1. It refers only to the Government of India.
    2. It refers only to the Government of India and the Parliament of India.
    3. It refers only to the Government of India, Parliament of India, Governments and Legis‐ latures of each State.
    4. It refers to the Government of India, Parlia‐ ment of India, Governments and Legislatures of each State, and all local or other authorities within the territory of India.
    Show answer

    Answer: D. It refers to the Government of India, Parlia‐ ment of India, Governments and Legislatures of each State, and all local or other authorities within the territory of India.

    Article 12 defines 'State' broadly to include Union and State governments and legislatures, as well as local and other authorities within India's territory or under its control.

16. The term 'State' under Article 12 of the Constitution of India includes: 1. Government of India and Parliament 2. Municipalities, Panchayats and District boards 3. Any private agency working as an instrument of the State Select the correct answer code:

    Asked in: GPSC Prelims CSP 1 2024

    1. 1 only
    2. 1, 2
    3. 1, 3
    4. 1, 2, 3
    Show answer

    Answer: D. 1, 2, 3

    Article 12 defines 'the State' to include the Government and Parliament of India, the Government and the Legislature of each of the States, all local authorities, and other authorities within the territory of India or under the control of the Government of India. Judicial interpretation has expanded 'other authorities' to include bodies and agencies that are instruments of the State, even if private, if they perform public functions or are under deep and pervasive government control.

17. Consider the following statements. 1. The Constitution of India states that Parliament can bring no law that violates the fundamental rights of citizens. 2. Article 20(3) of the Constitution is a fundamental right that guarantees the right against self-incrimination. 3. In the Puttaswamy case, the Supreme Court held that the State can collect fingerprints and iris scan for welfare schemes. Which of the above statements is/are correct?

    Asked in: GPSC Prelims CSP 1 2024

    1. 1, 2
    2. 1, 3
    3. 2, 3
    4. 1, 2, 3
    Show answer

    Answer: D. 1, 2, 3

    Article 13(2) of the Constitution explicitly prohibits the State from making laws that violate fundamental rights. Article 20(3) is a fundamental right guaranteeing protection against self-incrimination.

18. Which of the following statements is/are correct ? 1. Some Rights contained in Part-III of the Constitution of India are enforceable against the State only 2. Some Rights contained in Part-III of the Constitution of India are enforceable in favor of citizens only 3. Some Rights contained in Part-III of the Constitution of India are enforceable against both, the state and individuals Select the answer using the code given below :

    Asked in: UPSC CAPF 2024

    1. 1 and 2 only
    2. 2 only
    3. 1 only
    4. 1, 2 and 3
    Show answer

    Answer: D. 1, 2 and 3

    Fundamental Rights in Part III of the Constitution have varying scopes of enforceability regarding the entities against whom they can be enforced (State, individuals) and the beneficiaries (citizens, persons).

19. Which one of the following is the most accurate meaning of the term 'the State', as defined in Part-III of the Constitution of India ?

    Asked in: UPSC CISF AC EXE 2023

    1. The Union Government, all State Govern‐ ments and all local authorities within the territory of India
    2. The Parliament of India and State Legislatures
    3. The Union Government and the Parliament of India
    4. The Union Government, all State Govern‐ ments, Parliament of India and all State Legis‐ latures and all local or other authorities within the territory of India
    Show answer

    Answer: D. The Union Government, all State Govern‐ ments, Parliament of India and all State Legis‐ latures and all local or other authorities within the territory of India

    - The definition of 'the State' under Article 12 is crucial for understanding against whom fundamental rights are enforceable. - The definition is broad, encompassing not just the executive and legislative branches at the Union and State levels, but also local bodies and other authorities exercising governmental power.

20. Which one of the following has been expressly included in Part III of the Constitution of India?

    Asked in: UPSC Combined Section Officer 2019 20

    1. Company
    2. Partnership
    3. Trust
    4. Cooperative society
    Show answer

    Answer: D. Cooperative society

    Part III of the Constitution deals with Fundamental Rights (Articles 12-35). The term "Cooperative society" was expressly included in Part III by the Constitution (Ninety-seventh Amendment) Act,

21. This amendment inserted Article 19(1)(c), which grants citizens the fundamental right "to form co-operative societies". While the definition of "State" under Article 12 in Part III is crucial for the applicability of fundamental rights to various entities (Government, Parliament, State Legislatures, local and other authorities), and courts have included certain types of companies etc., based on functional or control tests, the term "Cooperative society" itself was explicitly added into the text of Part III under the Right to Freedom. The other options (Company, Partnership, Trust) are not expressly mentioned by name anywhere in Part III. 32. No fundamental rights can be claimed against

    Asked in: UPSC Combined Section Officer 2021 22

    1. a Government company
    2. a Municipal corporation
    3. a Court
    4. a Statutory corporation
    Show answer

    Answer: C. a Court

    Fundamental rights are primarily enforceable against the 'State' as defined in Article 12 of the Constitution. This definition has been interpreted by the Supreme Court to include the Central and State governments, Parliament and State Legislatures, local authorities (like municipal corporations), and other statutory or non-statutory authorities performing state-like functions or under government control (like government companies and statutory corporations). Courts, when acting judicially, are considered part of the judiciary and generally not included in the definition of 'State' against whom fundamental rights can be claimed in their judicial capacity. Fundamental rights are a check on the executive and legislative power. A court's administrative actions might be challengeable, but its judicial decisions are subject to appeal procedures, not direct challenge under fundamental rights as actions of the 'State'.

Distinction between Fundamental Rights and Legal Rights / Directive Principles of State Policy

22. Which of the following is not a Fundamental Right in India?

    Asked in: APSC CCE Prelims Exam 2014 · UPPSC Upper Mains 2014

    1. Right to property
    2. Right to Equality
    3. Right to Freedom
    4. Right to Constitutional Remedies
    Show answer

    Answer: A. Right to property

    Right to Property was moved from Fundamental Rights to a legal right by the 44th Amendment Act, 1978.

23. The Right to Education belongs to which of the following categories?

    Asked in: APSC CCE Prelims Exam 2015

    1. Directive Principles
    2. Fundamental Rights
    3. Fundamental Duties
    4. Legal Rights
    Show answer

    Answer: B. Fundamental Rights

    The key point is recognizing that the Right to Education was elevated from a Directive Principle to a Fundamental Right through a constitutional amendment.

24. Why the rights are called Fundamental Rights because i. It is written in the Constitution. ii. It is democratic. iii. It is public welfare. iv. It is essential for personality development. v. Parliament can't make law against it.

    Asked in: CGPSC Prelims Exam 2017

    1. i ii iii
    2. i iii v
    3. i iv v
    4. ii iii v
    Show answer

    Answer: C. i iv v

    - Fundamental Rights are constitutionally guaranteed (i). - They are considered essential for individual personality development (iv). - They are protected against ordinary legislation; Parliament cannot make laws that violate them (v), subject to judicial review and constitutional limits. - Options i, iv, and v together capture the key reasons for their 'fundamental' status.

25. Which one of the following is not a Fundamental Right under the Constitution of India?

    Asked in: UPSC Geoscientist 2022 · UPSC NDA 2 2018

    1. Right to property
    2. Right against exploitation
    3. Right to constitutional remedies
    4. Cultural and educational right
    Show answer

    Answer: A. Right to property

    The 44th Amendment Act, 1978, repealed Article 31 and removed the Right to Property from the list of Fundamental Rights. It was made a legal right under Article 300A, which states that no person shall be deprived of his property save by authority of law.

26. Which of the following statement(s) is(are) incorrect with reference to the fundamental rights as enshrined in the Indian Constitution? All fundamental rights are available against the arbitrary action of the State only. Some of them are legally enforceable while others are not. Parliament can curtail or repeal them, but only through a constitutional amendment.

    Asked in: GPSC Prelims CSP 1 2018

    1. Only 1
    2. Only 2
    3. Only 1 and 2
    4. 1, 2 and 3
    Show answer

    Answer: C. Only 1 and 2

    - Fundamental Rights are enshrined in Part III of the Constitution. - They are justiciable, meaning they are enforceable by courts. - They protect citizens (and sometimes non-citizens) against the State, and some also against private individuals. - They are not absolute and are subject to reasonable restrictions. - They can be amended by Parliament but are subject to the Basic Structure doctrine.

27. Which of the following statements is correct regarding Right to property?

    Asked in: GPSC Prelims CSP 1 2021

    1. It can be regulated, curtailed or modified without constitutional amendment.
    2. It protects private property against executive action but not against legislative action.
    3. In case of its violation, the aggrieved person can directly go to the High Court not to the Supreme Court.
    4. All of the above.
    Show answer

    Answer: D. All of the above.

    - The Right to Property was originally a Fundamental Right under Article 31. However, it was removed from the list of Fundamental Rights by the 44th Amendment Act, 1978, and was made a legal right under Article 300A in Part XII of the Constitution. - Statement A is correct. As a legal right under Article 300A, the right to property can be regulated, curtailed, or modified by an ordinary law passed by Parliament, which does not require a constitutional amendment (unlike modifications to Fundamental Rights, which would typically require one). - Statement B is correct. Article 300A states that "No person shall be deprived of his property save by authority of law". This implies that deprivation of property can only occur through a valid law passed by the legislature (legislative action). It protects property against arbitrary action by the executive which is not backed by law, but a valid law can authorize the deprivation of property. - Statement C is correct. Since the Right to Property is no longer a Fundamental Right, a person whose right under Article 300A is violated cannot directly approach the Supreme Court under Article 32 (the right to constitutional remedies, which is only available for the enforcement of Fundamental Rights). However, they can approach the High Court under Article 226 for violation of a legal right, or file a suit in lower courts. Therefore, the statement that the aggrieved person can directly go to the High Court and not the Supreme Court (under Article 32) is correct.

28. Consider the following statements regarding the Bill of rights : 1. The “Motilal Nehru Committee” presented a bill of rights in 1930. 2. A Bill of rights prohibits government from thus acting against the rights of the individual and ensure a remedy in case there is a violation of these rights. 3. Government cannot put reasonable restrictions on the exercise of our fundamental rights. Which of the statements given above is/are incorrect ?

    Asked in: HAS Prelims 2022

    1. Only 1 and 2
    2. Only 2 and 3
    3. Only 1, 2 and 3
    4. Only 1 and 3
    Show answer

    Answer: D. Only 1 and 3

    - The Nehru Report (Motilal Nehru Committee) was published in 1928. - Bills of Rights protect individuals from state power and provide remedies for violations. - Fundamental Rights in India are subject to reasonable restrictions.

Enforcement of Fundamental Rights and the Role of Judiciary

29. What is the ground on which the Supreme Court can refuse relief under Article 32?

    Asked in: UPSC CDS 1 2020

    1. The aggrieved person can get remedy from another court
    2. That disputed facts have to be investigated
    3. That no fundamental right has been infringed
    4. That the petitioner has not asked for the proper writ applicable to his/her case
    Show answer

    Answer: C. That no fundamental right has been infringed

    Article 32 is a fundamental right in itself. The Supreme Court has held that it cannot refuse to entertain a petition under Article 32 merely because an alternative remedy is available, but the primary requirement is the violation of a fundamental right.

30. Consider the following statements : 1. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by the action of a government authority. 2. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by not only the action of a government authority, but also by its inaction. Which of the statements given above is/are correct?

    Asked in: UPSC CDS 1 2024

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: C. Both 1 and 2

    Fundamental Rights under Part III of the Constitution are enforceable against the 'State' (defined broadly under Article 12). This enforcement can be sought when the State's actions violate these rights. Furthermore, judicial interpretation has established that the State's inaction or failure to perform a legal duty that results in the violation of fundamental rights is also challengeable.

31. Under the Constitution of India who is the guardian of fundamental rights ?

    Asked in: HPPSC HPAS Prelims 2010 · UPPCS Prelims 2008

    1. Parliament
    2. President
    3. Judiciary
    4. Cabinet
    Show answer

    Answer: C. Judiciary

    The Supreme Court (under Article 32) and the High Courts (under Article 226) are empowered to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto) for the enforcement of Fundamental Rights. This makes the judiciary the ultimate protector and guarantor of these rights.

32. With reference to India, consider the following statements : 1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/ her right. 2. State Governments have their own Prisoners Release on Parole Rules. Which of the statements given above is/are correct?

    Asked in: UPSC IAS 2021

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: B. 2 only

    - Parole is a conditional, discretionary release, not a fundamental right of the prisoner. - Prison administration is a state subject, and State Governments frame their own rules regarding parole.

33. Consider the following statements with respect to Article 32 and Article 226 of the Constitution of India : Article 32 confers a right on the petitioner while Article 226 confer a discretion on the High Court. Article 32 and Article 226 confer identical power on the Supreme Court and the High Courts to enforce the Fundamental Rights. The power of superintendence of the Supreme Court over the High Courts is not similar to the powers of superintendence conferred on the High Courts over the courts subordinate to them. Which of the above statements is/are not correct?

    Asked in: UPSC Combined Section Officer 2019 20

    1. 1 and 3
    2. 3 only
    3. 2 only
    4. 2 and 3
    Show answer

    Answer: C. 2 only

    Article 32 guarantees the right to constitutional remedies for the enforcement of Fundamental Rights and is a Fundamental Right itself. Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights and other legal rights. The scope of Article 226 is broader than Article 32. High Courts have superintendence over subordinate courts (Article 227), a power not held by the Supreme Court over High Courts.

34. Which of the following statements relating to Fundamental Rights is not correct ?

    Asked in: UPSC SO Steno 2017

    1. The Fundamental Rights are guaranteed by the Constitution not only against the actions of Executive but also against that of the Legislature.
    2. The Supreme Court strikes at the arbitrary action of the State.
    3. The Supreme Court has the jurisdiction to enforce fundamental rights against private bodies and individuals.
    4. The Supreme Court cannot exercise its juris‐ diction suo motu or on the basis of PIL.
    Show answer

    Answer: D. The Supreme Court cannot exercise its juris‐ diction suo motu or on the basis of PIL.

    The Supreme Court has wide powers under Article 32 to issue writs for the enforcement of fundamental rights. This power extends to taking up matters suo motu or based on PILs filed by concerned citizens or groups, expanding access to justice for the protection of fundamental rights.

35. Who is the protector of the Fundamental Rights of a citizen?

    Asked in: WBPSC CS Prelims 2022

    1. Legislature
    2. Judiciary
    3. Executive
    4. None of the above
    Show answer

    Answer: B. Judiciary

    Articles 32 and 226 of the Indian Constitution empower the Supreme Court and High Courts, respectively, to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) for the enforcement of Fundamental Rights.

Landmark Supreme Court Judgments related to Fundamental Rights

36. Which of the following statements is/are correct regarding Supreme Court's interpretation regarding Article 21?

    Asked in: GPSC Prelims CSP 1 2021

    1. In Gopalan case, Supreme Court held that the protection under Article 21 is available only against arbitrary power of executive not of legislative action.
    2. In Menaka Gandhi case, Supreme Court up‐ held the judgment of Gopalan case.
    3. Both (A) and (B)
    4. Neither (A) nor (B)
    Show answer

    Answer: A. In Gopalan case, Supreme Court held that the protection under Article 21 is available only against arbitrary power of executive not of legislative action.

    - Statement (A) is correct. In the A.K. Gopalan vs. State of Madras case (1950), the Supreme Court adopted a narrow interpretation of Article 21. It held that the protection under Article 21 is available only against arbitrary executive action and not against arbitrary legislative action. It also held that 'procedure established by law' meant procedure enacted by a law made by the legislature, regardless of its fairness. - Statement (B) is incorrect. In the Maneka Gandhi vs. Union of India case (1978), the Supreme Court explicitly overruled the interpretation given in the Gopalan case. It held that Article 21 protects an individual against arbitrary legislative action as well as executive action. It also ruled that the 'procedure established by law' must be fair, just, and reasonable, thus introducing the concept of 'due process of law' indirectly.

37. Which of the following statements are not correct in respect of 'Right to Privacy'? (1) The Nine-Judge Constitutional Bench that declared 'Right to Privacy' as Fundamental Right was headed by Justice J.S. Khehar (2) The Supreme Court of India gave this historic judgement on August 24, 2018 (3) Justice J.S. Khehar was the former 42nd Chief Justice of India (4) He was appointed as Chief Justice of India in the year 2017

    Asked in: OPSC CS Prelims 2023

    1. 2 and 3
    2. 1 and 2
    3. 2 and 4
    4. 3 and 4
    Show answer

    Answer: A. 2 and 3

    The Right to Privacy was declared a fundamental right by a 9-judge bench of the Supreme Court in 2017 in the K.S. Puttaswamy case.

38. The case of Vishakha and others Vs. State of Rajasthan and others is related to -

    Asked in: RPSC RAS Prelims 2021

    1. Transfer policy for women
    2. Maternity leave in respect of working women
    3. Prevention of the practice of dowry prevalent in the society
    4. Prevention of sexual harassment of women at work place
    Show answer

    Answer: D. Prevention of sexual harassment of women at work place

    The Vishakha judgment is a crucial legal precedent in India that recognized sexual harassment as a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution and provided guidelines for its prevention at workplaces.

39. In which one of the case, “Passport” is considered as part of personal liberty?

    Asked in: TNPSC CS Prelims 2015

    1. A.K. Gopalan (1950)
    2. Indian Express Newspapers (1985)
    3. Arumugham (1953)
    4. Meneka Gandhi (1978)
    Show answer

    Answer: D. Meneka Gandhi (1978)

    - The Meneka Gandhi case (1978) is a landmark judgment on Article 21. - It held that the right to travel abroad is part of personal liberty. - It introduced the requirement of "fair, just, and reasonable" procedure for restricting personal liberty. - This case directly involved the issue of impounding a passport.

40. Consider the following statements, find the "wrong" one. 1. Section 377 of the IPC recently reported in the news is associated with Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Rights. 2. Joseph shine Vs union of India is the case related to 497 of the IPC. 3. Indian Young Lawyers association Vs state of Kerala is related to women Rights. 4. Yashwant Vs State of Maharashtra is the case associated with Right to education.

    Asked in: TNPSC CS Prelims 2019

    1. 4 only
    2. 2 and 3 only
    3. 4 and 3 only
    4. 1 only
    Show answer

    Answer: A. 4 only

    - Statement 1 is correct: Section 377 of the IPC criminalized 'unnatural offences', including consensual same-sex relations, and its decriminalization was a significant step for LGBTQ+ rights in India. - Statement 2 is correct: Joseph Shine vs Union of India is the landmark case where the Supreme Court struck down Section 497 of the IPC (adultery) as unconstitutional. - Statement 3 is correct: Indian Young Lawyers Association vs State of Kerala is the Sabarimala temple entry case, which challenged the denial of entry to women of menstruating age, directly relating to women's rights and equality in religious places. - Statement 4 is incorrect: Yashwant vs State of Maharashtra deals with criminal law matters and is not associated with the Right to Education. The Right to Education is primarily linked to Article 21A of the Constitution and related legislation/cases like Unni Krishnan case or those concerning the RTE Act, 2009.

41. Choose the correct answer : The fundamental rights have been described as (i) The Magna Carta of India (ii) The Conscience of the Constitution (iii) The soul of the constitution (iv) Inspiration from bill of rights of American constitution

    Asked in: TNPSC CS Prelims 2022

    1. (i) and (ii) only
    2. (ii) and (iii) only
    3. (i) and (iii) only
    4. (i), (ii), (iii) and (iv)
    Show answer

    Answer: D. (i), (ii), (iii) and (iv)

    Understanding the significance, nature, and historical influences on the Fundamental Rights enshrined in the Indian Constitution (Part III) is crucial.

42. Consider the following statements :

    Asked in: TSPSC Group 1 Prelims 2024

    1. The Supreme Court has recognised that casting of vote is a form of speech.
    2. The voter has the right to know the antecedents of the candidate who is contesting elections. Which of the above statements is/are correct ? A. Only A is true. B. Only B is true.
    3. Both A and B are true.
    4. Neither A nor B is true.
    Show answer

    Answer: C. Both A and B are true.

    Statement A is true: The Supreme Court of India has recognized that casting a vote is an act of expression protected under Article 19(1)(a) of the Constitution (Freedom of Speech and Expression). This is evident in rulings related to issues like the introduction of the NOTA option, which allows voters to express their disapproval. Statement B is true: The Supreme Court has consistently ruled that the right of a voter to know about the antecedents, criminal history, assets, and liabilities of candidates contesting elections is an integral part of the right to freedom of speech and expression (Article 19(1)(a)) and essential for ensuring free and fair elections. Landmark judgments like Union of India vs. Association for Democratic Reforms (2002) and PUCL vs. Union of India (2003) established this right.

Restrictions on Fundamental Rights (Articles 33, 34)

43. Which of the following may be a violation of fundamental rights?

    Asked in: APPSC Group 1 Prelims 2016

    1. Banning of a book
    2. Not paying minimum wages
    3. Prohibition of secessionist activities
    4. Not allowing loudspeakers in a religious pro‐ cession
    Show answer

    Answer: A. Banning of a book

    The right to receive minimum wages is considered part of the right to life and personal liberty under Article 21, hence its denial constitutes a violation of a fundamental right.

44. The Indian Parliament has the power to modify the rights conferred by Part III of the Constitution of India in their application to __________. 1. The members of the Armed Forces 2. The members of the Forces charged with the maintenance of public order 3. Persons employed in any bureau or other organisation established by the State for purposes of intelligence 4. But there is no restriction on rights conferred by Part III, while martial law is in force in any area

    Asked in: GPSC Prelims CSP 1 2022

    1. 2, 3 and 4 only
    2. 1, 2 and 3 only
    3. 1, 3 and 4 only
    4. 1, 2, 3 and 4
    Show answer

    Answer: B. 1, 2 and 3 only

    - Article 33 of the Constitution empowers Parliament to restrict or abrogate the fundamental rights of members of: - (a) the Armed Forces; - (b) the Forces charged with the maintenance of public order; - (c) persons employed in any bureau or other organisation established by the State for purposes of intelligence; - (d) persons employed in connection with the telecommunication systems set up for the purposes of any force, bureau or organisation referred to in clauses (a) to (c). - The purpose is to ensure the proper discharge of their duties and the maintenance of discipline among them. - Article 34 provides for the restriction of fundamental rights while martial law is in force in any area. It explicitly states that Parliament may indemnify any person in respect of any act done in connection with the maintenance or restoration of order in such area where martial law was in force. Thus, fundamental rights can be restricted during martial law. Statement 4 is incorrect.

45. Which among the following actions would violate human rights? 1. State forces disrupting peaceful protests. 2. State forces carrying out search warrants in insurgency affected areas. 3. State forces engaging with armed insurgents in civilian areas resulting in loss of civilian lives. Select the correct answer using the code given below:

    Asked in: UPSC CAPF 2010

    1. 1 and 3
    2. 1 and 2
    3. 3 only
    4. None of the above
    Show answer

    Answer: A. 1 and 3

    Violating the right to peaceful assembly (1) and causing civilian casualties due to insufficient care or disproportionate force during engagements in civilian areas (3) are human rights violations. Lawful search warrants (2) are not.

46. Barring exceptions, no law providing for preventive detention shall authorize the detention of a person for a period longer than

    Asked in: UPSC CBI DSP LDCE 2023

    1. one month
    2. two months
    3. three months
    4. two weeks
    Show answer

    Answer: C. three months

    Article 22 provides protection against arrest and detention in certain cases. Clauses (1) and (2) deal with punitive detention, while clauses (3) to (7) deal with preventive detention. Preventive detention laws allow detention without trial for a limited period, but the Constitution imposes safeguards like the three-month limit without Advisory Board approval and the right to be informed of the grounds of detention.

47. Consider the following statements with regard to the Fundamental Rights : 1. The Parliament has power to modify the rights conferred by Part III of the Constitution of India with regard to persons employed in telecommunication systems of certain categories. 2. During the course of enforcement of martial law in any area, restrictions can be imposed on the exercise of the Fundamental Rights. 3. The Fundamental Rights cannot be overridden for implementing any of the Directive Principles of State Policy. Which of the above statements is/are not correct?

    Asked in: UPSC Combined Section Officer 2019 20

    1. 1 only
    2. 2 only
    3. 3 only
    4. 1, 2 and 3
    Show answer

    Answer: C. 3 only

    Statement 1: Article 33 of the Constitution empowers Parliament to modify the application of Fundamental Rights to members of the armed forces, police forces, intelligence personnel, and persons employed in telecommunication systems related to these forces/bureaus, to ensure the proper discharge of their duties and the maintenance of discipline. This statement is correct. Statement 2: Article 34 empowers Parliament to restrict Fundamental Rights while martial law is in force in any area. This statement is correct. Statement 3: This statement is incorrect. While Fundamental Rights generally hold a higher position than Directive Principles, Article 31C provides an exception. It states that laws made to give effect to the Directive Principles in Article 39(b) and 39(c) cannot be challenged on the grounds of contravening Articles 14 or 19. Originally, the 42nd Amendment extended this protection to laws implementing any DPSP, but the Supreme Court in the Minerva Mills case struck down this extension, upholding Article 31C only for Articles 39(b) and 39(c). Therefore, Fundamental Rights under Articles 14 and 19 can be overridden by laws implementing Articles 39(b) and 39(c).

48. Who among the following has been given the power by the Indian Constitution to 'impose reasonable restrictions' on the fundamental rights?

    Asked in: WBPSC CS Prelims 2023

    1. President
    2. Parliament
    3. Supreme Court
    4. Both (B) and (C)
    Show answer

    Answer: B. Parliament

    - Fundamental Rights guaranteed by the Indian Constitution are not absolute and are subject to reasonable restrictions. - The power to impose these reasonable restrictions is primarily vested with the legislature, which is Parliament at the Union level. - Parliament makes laws that define and impose these restrictions based on grounds specified in the Constitution itself (e.g., Article 19 mentions grounds like sovereignty and integrity of India, security of the State, public order, morality, contempt of court, defamation, incitement to an offence for freedom of speech). - The Supreme Court (and High Courts) have the power of judicial review to examine whether the restrictions imposed by law are indeed 'reasonable' and fall within the constitutional grounds. They do not impose the restrictions themselves, but rather review the validity of restrictions imposed by the legislature. - The President can issue ordinances imposing restrictions when Parliament is not in session, but this is a legislative power exercised under specific circumstances.

49. A law which arbitrarily or excessively invades the right of a person is

    Asked in: Junior Legal Officer 2019

    1. Irregular
    2. Unlawful
    3. Lawful
    4. Unreasonable and may be struck down by court
    Show answer

    Answer: D. Unreasonable and may be struck down by court

    Laws that are arbitrary or excessively invasive of fundamental rights are deemed unreasonable and are liable to be struck down by the courts.

Right Against Exploitation (Articles 23-24)

50. With child labour being made illegal and right to education becoming a fundamental right for children, this right against exploitation has become more meaningful. Which of the following pairs of Articles provide for right to education and prohibition of child labour respectively ?

    Asked in: APPSC Group 1 Prelims 2023

    1. Articles 21A and 23
    2. Articles 21A and 24
    3. Articles 23 and 24
    4. Articles 14 and 19
    Show answer

    Answer: B. Articles 21A and 24

    The question asks for the articles providing for the right to education and the prohibition of child labour, respectively. The Right to Education for children aged 6 to 14 years was made a Fundamental Right by the 86th Constitutional Amendment Act, 2002, by inserting Article 21A into Part III of the Constitution. The prohibition of child labour is specifically addressed in Article 24 of the Constitution, which states that "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment." Article 23 prohibits traffic in human beings and forced labour, which includes forms of child labour under 'forced labour', but Article 24 is the direct provision against child labour in hazardous settings. Given the phrasing "prohibition of child labour", Article 24 is the more precise answer compared to Article 23, which is broader. Therefore, Right to Education is Article 21A and Prohibition of Child Labour is Article 24.

51. Which one among the following is not a part of the Fundamental Rights (Part III) of the Constitution of India ?

    Asked in: UPSC CDS 2 2019

    1. Prohibition of traffic in human beings and forced labour
    2. Prohibition of employment of children in factories
    3. Participation of workers in management of in‐ dustries
    4. Practice any profession, or to carry on any occupation, trade or business
    Show answer

    Answer: C. Participation of workers in management of in‐ dustries

    Part III of the Indian Constitution (Articles 12-35) lists the Fundamental Rights. - A) Prohibition of traffic in human beings and forced labour is guaranteed under Article 23 (Right against Exploitation). - B) Prohibition of employment of children in factories is guaranteed under Article 24 (Right against Exploitation). - D) The right to practice any profession, or to carry on any occupation, trade or business is guaranteed under Article 19(1)(g) (Right to Freedom). - C) Participation of workers in management of industries is listed as a Directive Principle of State Policy (DPSP) under Article 43A in Part IV of the Constitution. DPSPs are fundamental in the governance of the country but are not enforceable by any court.

52. Protection against Double Jeopardy is a

    Asked in: GPSC Prelims CSP 1 2024

    1. Judicial convention
    2. Fundamental Right
    3. Provision under CrPC
    4. Constitutional right (other than Part III)
    Show answer

    Answer: B. Fundamental Right

    Article 20(2) of the Constitution of India explicitly states that "No person shall be prosecuted and punished for the same offence more than once." This guarantee is included in Part III of the Constitution, which deals with Fundamental Rights.

53. Which Article of the Indian Constitution prohibits hazardous jobs to children?

    Asked in: GPSC Prelims CSP 1 2024

    1. Article 20
    2. Article 28
    3. Article 21
    4. Article 24
    Show answer

    Answer: D. Article 24

    This article is a part of the fundamental rights under Part III of the Constitution and specifically addresses the exploitation of children in hazardous work.

54. Article 24 of the Constitution of India prohibits the employment of child in factories related to hazardous works. Such prohibition is

    Asked in: MPPSC CS Prelims 2020

    1. Absolute prohibition
    2. Partial prohibition
    3. Reasonable prohibition
    4. Moral prohibition
    Show answer

    Answer: A. Absolute prohibition

    - Article 24 prohibits employment of children below 14 years. - The prohibition applies to factories, mines, and hazardous employment. - This is a fundamental right enshrined in the Constitution.

55. Which of the following statement is correct with respect to 'Right against exploitation' ?

    Asked in: MPSC CS Prelims 2021

    1. Prohibition of traffic in human beings and forced labour
    2. Freedom as to payment of taxes and the pro‐ motion of any particular religion
    3. Protection of interests of minorities
    4. Equality before law
    Show answer

    Answer: A. Prohibition of traffic in human beings and forced labour

    The 'Right against Exploitation' is one of the Fundamental Rights guaranteed by the Indian Constitution, covered under Articles 23 and 24. Article 23 explicitly prohibits traffic in human beings, begar (forced labour), and other similar forms of forced labour, making them punishable offences. Article 24 prohibits the employment of children below the age of 14 in factories, mines, or any other hazardous employment.

56. Consider the following statements on Right Against Exploitation and find out the correct statement. (i) Protection of Language, script and culture of minorities (ii) Prohibition of Traffic in human being (iii) Protection of life (iv) Prohibition of employment of children in factories

    Asked in: TNPSC CS Prelims 2024

    1. (i) and (ii) only correct
    2. (i) and (iii) only correct
    3. (ii) and (iv) only correct
    4. (iv) only correct
    Show answer

    Answer: C. (ii) and (iv) only correct

    The Right Against Exploitation protects individuals from forced labour, human trafficking, and child labour in hazardous conditions.

Right to Constitutional Remedies (Article 32) and Writ Jurisdiction

57. Habeas corpus write is associated with

    Asked in: APSC CCE Prelims Exam 2011

    1. anticipatory bail
    2. quashing the order of an administrative author‐ ity
    3. an order of freedom of speech
    4. production of person before the court
    Show answer

    Answer: D. production of person before the court

    Habeas Corpus is a writ that protects against unlawful detention and requires the production of the detained person before a court.

58. Regarding the Habeas Corpus, choose the wrong answer.

    Asked in: APPSC Group 1 Prelims 2018 · APSC CCE Prelims Exam 2018

    1. Habeas Corpus safeguards the liberty not only of the citizens but also of the persons within the territory.
    2. Writ of Habeas Corpus is not to be entertained when a person is committed to judicial custody or public custody by the competent court.
    3. A petition of Habeas Corpus lies against the executive authority, not available against the private individuals.
    4. The Habeas Corpus petition cannot be dis‐ missed on the ground of imperfect pleadings.
    Show answer

    Answer: C. A petition of Habeas Corpus lies against the executive authority, not available against the private individuals.

    The Writ of Habeas Corpus is available against both executive authorities and private individuals who unlawfully detain a person. It safeguards the liberty of all persons within the territory and is a crucial remedy against illegal detention.

59. Which of the following is a necessary condition for the issue of a writ of quo warranto?

    Asked in: APSC CCE Prelims Exam 2022

    1. To secure the release of a person who has been imprisoned by a court of law on a criminal charge
    2. To direct a public officer or the government not to enforce a law which is unconstitutional
    3. Both (A) and (B)
    4. The office must be public and it must be created by a statute or by the Constitution itself
    Show answer

    Answer: D. The office must be public and it must be created by a statute or by the Constitution itself

    A necessary condition for issuing a writ of Quo Warranto is that the office in question must be a public office, and it must be created by a statute or by the Constitution itself. The incumbent must be holding the office without legal authority.

60. Which one of the following constitutional remedies is also known as 'postmortem'?

    Asked in: BPSC Prelims Exam 65th

    1. Prohibition
    2. Mandamus
    3. Certiorari
    4. Quo warranto
    Show answer

    Answer: C. Certiorari

    Certiorari is a corrective writ used to quash an order of a lower court or tribunal issued after the decision has been made.

61. Which one of the following writs means 'you may have the body' ?

    Asked in: UPSC CDS 1 2022

    1. Habeas Corpus
    2. Mandamus
    3. Certiorari
    4. Quo Warranto
    Show answer

    Answer: A. Habeas Corpus

    Habeas Corpus is a writ used to challenge unlawful detention, ensuring the person is brought before the court.

62. According to B. R. Ambedkar, which one among the following Articles is the 'heart and soul' of the Constitution of India?

    Asked in: UPSC CDS 1 2024

    1. Article 15
    2. Article 21
    3. Article 23
    4. Article 32
    Show answer

    Answer: D. Article 32

    Article 32 of the Indian Constitution guarantees the right to constitutional remedies, providing citizens with the right to move the Supreme Court for the enforcement of their fundamental rights. Dr. Ambedkar considered this article the most important as it makes other fundamental rights justiciable and effective.

63. Which one of the following statements is not correct with respect to Article 32 of the Constitution of India?

    Asked in: UPSC CDS 2 2016

    1. It provides remedies to citizens for the en‐ forcement of fundamental rights.
    2. It is a part of fundamental rights.
    3. The Supreme Court cannot refuse a writ peti‐ tion under Article 32 on the ground of delay.
    4. Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights.
    Show answer

    Answer: D. Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights.

    Article 32 of the Constitution of India guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights guaranteed by Part III of the Constitution. The Supreme Court can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) specifically for this purpose. It cannot be invoked for the enforcement of rights that arise from ordinary laws or for contractual rights unless the violation of such rights also leads to a violation of a fundamental right.

Right to Equality (Articles 14-18)

64. With reference to Indian polity, which one of the following statements would you accept as appropriate ideas referring to 'Equality'? I. The primacy of equality is safeguarded, defined and enforced by the courts of law rather than by the Constitution as conceptualized by A.V. Dicey. II. Article 14 of the Constitution of India constitutes only the concept of 'Equality before the law' but does not mention the concept of 'Equal Protection of Laws'. III. Article 194 and Article 361A of the Constitution of India are indicative of the fact that equality in India is not absolute. IV. The theory of equality includes distinction of merit but not distinction on account of hereditary titles or nobility as propounded by the Balaji Raghavan Case (1995). Select the correct answer using the codes given below:

    Asked in: APPSC Group 1 Prelims 2024

    1. III and IV
    2. I and III
    3. II and III
    4. I and IV
    Show answer

    Answer: A. III and IV

    Statement I is incorrect. While courts play a crucial role in enforcing equality, the Constitution itself, particularly through its Fundamental Rights (Article 14), defines and safeguards equality. A.V. Dicey's concept of the Rule of Law is more about the supremacy of law and absence of arbitrary power, where law is equal for all and applies to officials and citizens alike, rather than placing primacy on judicial enforcement over constitutional provisions. Statement II is incorrect. Article 14 of the Constitution of India encompasses both the concept of 'Equality before the law' (derived from the English concept) and 'Equal Protection of Laws' (derived from the American concept). 'Equality before the law' means that no person is above the law. 'Equal Protection of Laws' means that equals should be treated equally and that the law should apply equally to all persons in similar circumstances. Statement III is correct. Article 194 grants certain privileges and immunities to members of the State Legislatures, and Article 361A provides protection to the press regarding parliamentary proceedings. These provisions create exceptions to the general rule of equality before the law, indicating that equality in India is not absolute and can be subject to specific constitutional limitations. Statement IV is correct. The Balaji Raghavan case (1995) dealt with the validity of the 'Bharat Ratna' and other civilian awards. The Supreme Court held that while the Constitution prohibits discrimination based on hereditary titles (Article 18), it does not prohibit the conferment of titles or awards for merit. This means distinction based on merit is permissible, but distinction on account of inherited nobility or titles is not.

65. Regarding the Article 15 of the Constitution of India, find the wrong answer.

    Asked in: APPSC Group 1 Prelims 2018

    1. Article 15 is limited to citizens only.
    2. Article 15 clause (1) and clause (2) both are limited to discrimination on grounds of religion, place of birth, etc.
    3. Article 15 permits the State to make special provision for women and children.
    4. Article 15 also permits the State to make any special provisions for SC, ST and socially and economically backward classes of citizens.
    Show answer

    Answer: B. Article 15 clause (1) and clause (2) both are limited to discrimination on grounds of religion, place of birth, etc.

    Article 15 of the Indian Constitution guarantees the right to equality by prohibiting discrimination by the State on grounds of religion, race, caste, sex, or place of birth. The Article also allows the State to make special provisions for women, children, and socially and economically backward classes, including Scheduled Castes and Scheduled Tribes.

66. Regarding the Article 15 of the Constitution of India, find the wrong answer.

    Asked in: APSC CCE Prelims Exam 2018

    1. Article 15 is limited to citizens only.
    2. Article 15 clause (1) and clause (2) both are limited to discrimination on grounds of religion, place of birth, etc.
    3. Article 15 permits the State to make special provision for women and children.
    4. Article 15 also permits the State to make any special provisions for SC, ST and socially and economically backward classes of citizens.
    Show answer

    Answer: A. Article 15 is limited to citizens only.

    Article 15(1) prohibits discrimination by the State. Article 15(2) prohibits discrimination by both the State and private persons regarding access to specific public places and resources. This difference in scope makes statement B incorrect as a complete description of the limitations/applicability of both clauses.

67. Which of the following Fundamental Rights are available only to the citizens of India? Right to equality of opportunity in matters of public employment Equality before law Right to freedom of religion Right to freedom under Article 19 Choose the correct answer.

    Asked in: APSC CCE Prelims Exam 2020

    1. 1, 2, 3 and 4
    2. 1 and 4
    3. 1, 2 and 3
    4. 2 and 4
    Show answer

    Answer: B. 1 and 4

    - Rights available to both citizens and foreigners (except enemy aliens) include Article 14 (Equality before law), Article 20 (Protection in respect of conviction for offences), Article 21 (Protection of life and personal liberty), Article 21A (Right to elementary education), Article 22 (Protection against arrest and detention), Articles 23-24 (Right against exploitation), Articles 25-28 (Right to freedom of religion). - Option 2, Equality before law (Article 14), is available to all persons, citizens and non-citizens alike. - Option 3, Right to freedom of religion (Articles 25-28), is available to all persons.

68. Which of the following Fundamental Rights are available only to the citizens of India? (i) Right to equal opportunity in the matter of public employment (ii) Equality before law (iii) Right to freedom of religion (iv) Right to freedom under Article 19 Select the correct answer using the codes given below.

    Asked in: APSC CCE Prelims Exam 2022

    1. (i), (ii), (iii) and (iv)
    2. Only (i) and (iv)
    3. Only (i), (ii) and (iii)
    4. Only (ii) and (iv)
    Show answer

    Answer: B. Only (i) and (iv)

    - (i) Article 16 guarantees equality of opportunity in matters of public employment, a right available only to citizens. - (ii) Article 14 guarantees equality before law and equal protection of laws. This right is available to all persons, including citizens and foreigners. - (iii) Articles 25-28 guarantee the right to freedom of religion. These rights are available to all persons residing in India. - (iv) Article 19 guarantees several freedoms (speech, assembly, association, movement, residence, profession) which are available only to citizens of India.

69. Untouchability is abolished by which Article of the Indian Constitution?

    Asked in: BPSC Prelims Exam 69th

    1. Article 14
    2. Article 15
    3. Article 17
    4. Article 22
    Show answer

    Answer: C. Article 17

    Article 17 of the Indian Constitution specifically abolishes 'Untouchability' and forbids its practice in any form. It declares that the enforcement of any disability arising out of 'Untouchability' shall be an offence punishable in accordance with law.

70. Which one of the following Articles of the Constitution of India lays down that no citizen can be denied the use of wells, tanks and bathing Ghats maintained out of State funds?

    Asked in: UPSC CDS 1 2019

    1. Article 14
    2. Article 15
    3. Article 16
    4. Article 17
    Show answer

    Answer: B. Article 15

    Article 15 of the Constitution prohibits discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Specifically, Article 15(2) states that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

Right to Freedom (Articles 19-22), including Right to Life and Personal Liberty (Article 21)

71. A person whose freedom of movement has been taken away by imprisonment or detention does not thereby lose his freedom of:

    Asked in: APPSC Group 1 Prelims 2018

    1. Expression
    2. Profession
    3. Employment
    4. Earning
    Show answer

    Answer: A. Expression

    Imprisonment or detention restricts freedom of movement but does not inherently extinguish fundamental rights like freedom of expression, profession, employment, or earning.

72. According to the text, what freedom does a person whose freedom of movement has been taken away by imprisonment or detention NOT lose?

    Asked in: APSC CCE Prelims Exam 2018

    1. Expression
    2. Profession
    3. Employment
    4. Earning
    Show answer

    Answer: A. Expression

    Fundamental rights are not completely extinguished upon incarceration, though they are subject to reasonable restrictions. Freedom of movement, profession, employment, and earning are directly incompatible with the state of being imprisoned, whereas freedom of expression, though limited, can still be exercised.

73. The Supreme Court has held that hoisting the National Flag atop the private buildings is a fundamental right of every citizen under :

    Asked in: BPSC Prelims Exam 60 62rd

    1. Article 14 of the Constitution
    2. Article 19 (1)(a) of the Constitution
    3. Article 21 of the Constitution
    4. Article 25 of the Constitution
    Show answer

    Answer: B. Article 19 (1)(a) of the Constitution

    - Article 19(1)(a) guarantees the right to freedom of speech and expression to all citizens. - The Court interpreted that flying the national flag is a way of expressing one's feelings and sentiments towards the country, and therefore, it falls under this fundamental right, subject to reasonable restrictions.

74. Choose the fundamental rights available to Indian Citizen but not to aliens : I. Freedom of Speech and Expression II. Equality Before the Law III. Right of Minorities IV. Protection of Life and Liberty

    Asked in: BPSC Prelims Exam 60 62rd

    1. I and III
    2. I and IV
    3. II and IV
    4. III and III
    Show answer

    Answer: A. I and III

    - The fundamental rights available only to citizens include those guaranteed by Articles 15, 16, 19, 29, and 30. - I. Freedom of Speech and Expression is under Article 19(1)(a), which is available only to citizens. - II. Equality Before the Law is guaranteed by Article 14, which is available to 'any person', meaning both citizens and aliens. - III. Right of Minorities (Cultural and Educational Rights) are guaranteed by Articles 29 and 30, which are available only to citizens who are part of minorities. - IV. Protection of Life and Liberty is guaranteed by Article 21, which is available to 'any person', meaning both citizens and aliens.

75. Which of the following statements with regard to preventive detention in India is / are correct ? The detenu has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India The detenu has a right to challenge the detention order on the ground that he was already in jail when the detention order was passed The detenu can claim bail on the ground that he has been in prison beyond twenty- four hours without an order of the magistrate Select the correct answer using the code given below :

    Asked in: UPSC CDS 1 2016

    1. 1 and 2 only
    2. 2 only
    3. 3 only
    4. 1, 2 and 3
    Show answer

    Answer: B. 2 only

    Preventive detention is distinct from punitive detention; constitutional safeguards under Article 22, particularly clauses (4) and (5), apply, but not all rights applicable to ordinary arrest/detention (like mandatory production before magistrate within 24 hours) are available. The detention order can be challenged in court on various grounds.

76. Which of the following statements regarding Article 21 of the Constitution of India is/are correct? 1. Article 21 is violated when the under- trial prisoners are detained in judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the State has the authority to violate that right. 3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty. Select the correct answer using the code given below.

    Asked in: UPSC CDS 1 2017

    1. 1, 2 and 3
    2. 1 and 2 only
    3. 1 and 3 only
    4. 2 only
    Show answer

    Answer: B. 1 and 2 only

    Article 21 guarantees the fundamental right to Protection of Life and Personal Liberty. The Supreme Court of India has significantly expanded the scope of Article 21 through various judgments.

77. Which of the following statements is/are correct regarding Right to Education in India? 1. Free and compulsory education should be provided to all children of the age of six to fourteen years. 2. The imperative of the provision of the Right to Education Act, 2009 is that schools must have qualified teachers and basic infrastructure. 3. There should be quality education without any discrimination on the ground of economic, social and cultural background. Select the correct answer using the code given below.

    Asked in: UPSC CDS 1 2017

    1. 1, 2 and 3
    2. 1 and 2 only
    3. 1 and 3 only
    4. 3 only
    Show answer

    Answer: A. 1, 2 and 3

    Article 21A of the Constitution guarantees the right to free and compulsory education for children aged 6 to 14 years. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, operationalises this fundamental right.

Right to Freedom of Religion (Articles 25-28)

78. Most important components of secularism are mentioned below, except:

    Asked in: APPSC Group 1 Prelims 2018

    1. Equality incorporated in Article 14.
    2. Prohibition against discrimination on ground of religion, caste, etc.
    3. Sentiments of the majority of people towards cow and against its slaughter.
    4. Not applicable to irreligious persons/citizen.
    Show answer

    Answer: C. Sentiments of the majority of people towards cow and against its slaughter.

    Secularism in India emphasizes state neutrality towards all religions and equal treatment of all citizens, irrespective of their faith. Majority sentiments regarding specific religious practices (like cow protection) are not a core component of constitutional secularism.

79. Most important components of secularism are, except:

    Asked in: APPSC Group 1 Prelims 2018

    1. Equality incorporated in Article 14.
    2. Prohibition against discrimination on ground of religion, caste, etc.
    3. Sentiments of the majority of people towards cow and against its slaughter.
    4. Not applicable to irreligious persons/citizen.
    Show answer

    Answer: C. Sentiments of the majority of people towards cow and against its slaughter.

    - Secularism in India implies state neutrality towards religions and equality of all citizens irrespective of religion. - Fundamental Rights like Equality (Art 14) and Prohibition of Discrimination (Art 15) are key components protecting secular principles.

80. Which of the following is NOT a most important component of secularism?

    Asked in: APSC CCE Prelims Exam 2018

    1. Equality incorporated in Article 14.
    2. Prohibition against discrimination on ground of religion, caste, etc.
    3. Sentiments of the majority of people towards cow and against its slaughter.
    4. Not applicable to persons/citizen.
    Show answer

    Answer: C. Sentiments of the majority of people towards cow and against its slaughter.

    Indian secularism, as enshrined in the Constitution, primarily involves the state maintaining a principled distance from all religions, treating all religions equally (sarva dharma sama bhava), and ensuring religious freedom and non-discrimination based on religion. A) Equality incorporated in Article 14: Article 14 guarantees equality before the law and equal protection of laws to all persons, which is fundamental to ensuring citizens of all religions are treated equally by the state. This is a core component of secularism. B) Prohibition against discrimination on ground of religion, caste, etc.: Articles 15 and 16 prohibit the state from discriminating against citizens on grounds including religion. This is essential for a secular state. C) Sentiments of the majority of people towards cow and against its slaughter: While Directive Principle Article 48 suggests the state shall take steps for prohibiting the slaughter of cows, calves, and other milch and draught cattle, this is a policy directive, not a defining principle of constitutional secularism itself. Secularism requires the state to respect and protect the rights of all religious communities equally, not to prioritize the religious sentiments of the majority as a fundamental component of the concept itself. State actions based on such sentiments, especially if they infringe on minority rights or practices, can sometimes conflict with secular principles. D) Not applicable to persons/citizen: This statement is incorrect. Secularism, through fundamental rights like freedom of religion (Articles 25-28) and equality/non-discrimination (Articles 14-16), directly applies to and protects the rights of persons/ citizens in relation to religion and the state.

81. Which one of the following statements regarding freedom to manage religious affairs as per the Constitution of India is not correct?

    Asked in: UPSC CDS 1 2017

    1. Every religious denomination shall have the right to manage its own affairs in matters of religion except some minor communities.
    2. Every religion or any section thereof shall have the right to own and acquire movable and immovable property.
    3. Every religious community has the right to establish and maintain institutions for religious and charitable purposes.
    4. Every community has the right to manage its own affairs in matters of religion.
    Show answer

    Answer: A. Every religious denomination shall have the right to manage its own affairs in matters of religion except some minor communities.

    Article 26, titled "Freedom to manage religious affairs", provides four rights to every religious denomination: (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law.

82. What are the restrictions in the freedom to manage religious affairs in the Article 26 of the constitution ? (i) Public Order (ii) National Security (iii) Education (iv) Morality (v) Health (vi) Secularism

    Asked in: CGPSC Prelims Exam 2018

    1. (i) (ii) (iii)
    2. (ii) (iii) (v)
    3. (ii) (iv) (vi)
    4. (i) (iv) (v)
    Show answer

    Answer: D. (i) (iv) (v)

    The phrase "Subject to public order, morality and health" at the beginning of Article 26 serves as the limiting clause for the rights granted to religious denominations regarding establishing institutions, managing their affairs, owning property, and administering property.

83. Consider the following statements regarding 'Public Order'. 1. Article 25 of the Constitution guarantees to all persons the right to profess, practise and propagate religion freely subject to public order. 2. According to Seventh Schedule of the Constitution of India, the power to legislate on aspects of public order rests with the States. 3. Public order is also one of the grounds to restrict fundamental rights. Which of the above statement/statements is/are correct?

    Asked in: GPSC Prelims CSP 1 2024

    1. 1 only
    2. 1, 2
    3. 1, 3
    4. 1, 2, 3
    Show answer

    Answer: D. 1, 2, 3

    'Public order' is a ground for reasonable restrictions on fundamental rights like freedom of religion (Article 25) and freedom of speech and expression (Article 19(1)(a)). It is a subject in the State List of the Seventh Schedule, granting states the power to legislate on it.

84. Which of the following is not an element of 'Secular State' in India ?

    Asked in: OPSC CS Prelims 2017

    1. Civil equality
    2. Taxation on religious property
    3. Freedom of religion
    4. No religious education by the state
    Show answer

    Answer: B. Taxation on religious property

    Key elements of India's secularism include equality of all religions before the state, non-discrimination on grounds of religion, freedom to practice and propagate one's religion (Articles 25-28), and no state religion. The state maintains a position of neutrality and equal respect for all religions.

Suspension of Fundamental Rights during National Emergency

85. Even during Emergency, the following rights cannot be suspended :

    Asked in: APPSC Group II Prelims 2016

    1. Right under Article 21
    2. Right under Article 19
    3. Right under Article 14
    4. Right under Article 22
    Show answer

    Answer: A. Right under Article 21

    Articles 20 (Protection in respect of conviction for offences) and 21 (Protection of life and personal liberty) are fundamental rights that cannot be suspended even during a National Emergency.

86. ‘Suspensions of Fundamental Rights during the Emergency’ have been taken in Indian Constitution from the Constitution of

    Asked in: Economic Investigator(EI) 2018

    1. erstwhile Russia (USSR)
    2. Germany
    3. UK
    4. US
    Show answer

    Answer: B. Germany

    Suspension of Fundamental Rights during Emergency in India is borrowed from the Constitution of Germany.

87. The Constitution of India has borrowed the provision relating to suspension of fundamental rights from A) The U.S. Constitution B) The Weimar Constitution of Germany C) The Canadian Constitution D) The Irish Constitution

    Asked in: Government Polytechnic Exam 2012

    1. The U.S. Constitution
    2. The Weimar Constitution of Germany
    3. The Canadian Constitution
    4. The Irish Constitution
    Show answer

    Answer: B. The Weimar Constitution of Germany

    The Constitution of India is a blend of various sources. Identifying the origins of specific constitutional provisions, especially those related to emergency powers, is crucial for understanding the framework of governance.

88. The Fundamental Rights of Indian citizens - [A] can be suspended by the President during national emergency - [B] can be suspended by the President during all types of emergency - [C] can be suspended by the President with the prior approval of Supreme Court at any time - [D] cannot be suspended under any condition

    Asked in: Inspector(Legal Metrology & Consumer Affairs) 2020

    1. Option text
    2. Option text
    3. Option text
    4. Option text
    Show answer

    Answer: A. Option text

    Inspector(Legal Metrology & Consumer Affairs) -2020 Fundamental Rights under Articles 20 and 21 are non-suspendable. Other Fundamental Rights can be suspended by the President during a national emergency (under Article 352), with the exception of the aforementioned articles.

89. The Fundamental Rights of Indian citizens

    Asked in: Inspector(Legal Metrology & Consumer Affairs) 2020

    1. can be suspended by the President during national emergency
    2. can be suspended by the President during all types of emergency
    3. can be suspended by the President with the prior approval of Supreme Court at any time
    4. cannot be suspended under any condition
    Show answer

    Answer: A. can be suspended by the President during national emergency

    Fundamental Rights under Articles 20 and 21 are non-suspendable. Other Fundamental Rights can be suspended by the President during a national emergency (under Article 352).