97 A 1 Fundamental Rights 18 Feb
Part A
Qts 1. Write Features of Fundamental Rights.
1 Fundamental Rights are Rights given to the Citizen of India against government exploitation
2 If Parliament make Law against Fundamental Rights, Supreme Court declare such Law as Void
3 Parliament can amend Fundamental Rights without violating basic feature of the Constitution
Qts 2 Write Acts related to Right to equality
1 Article 14 Equality before Law and equal protection of Law.
2 Article 15 Prohibition of discrimination on ground of religion, race, caste, place of birth
3 Article 16 Equality of opportunity in matters of public employment
4 Article 17 Abolition of Untouchability
5 Article 18 Abolition of titles except military and academic
Qts 3. Explain Article 19 Provisions
1.Right to Speech and Expression
2 .Right to Assembly
3. Right to Association
4 .Right to Movement
5.Right to Residence
6. Right to Profession
Qts 4. Explain Articles related to Right to Freedom
1. Article 19 Freedom of Speech
2. Article 20 One offence one punishment ; no double punishment
( called as Double jeopardy)
3 Article 21 Right to Life
4 Article 21(A) Right to Education
5 Article 22 Police after arresting any person within 24 hours police should produce arrested person in front of Magistrate or Court
Qts 5. Explain Right against Exploitation
1 Article 23 Prohibition of traffic in human beings and forced Labour
2. Article 24 Prohibition of Children in factories
Qts 6. Describe Right to Freedom of Religion
1 Article 25 Freedom of conscience and practice and propagate of religion
2 Article 26 Freedom to manage religious affairs
3 Article 27 Freedom of Payment of taxes of promotion of any religion
4 Article 28 Freedom from attending religious instruction or worship in certain educational Institutions
Qts 7. Explain Cultural and Educational Rights
1. Article 29 Protection of Language, Script and Culture of minorities
2. Article 30 Rights of minorities to establish and administer educational institutions
Qts 8.What is meant by Habeas corpus
1 Police should produce arrested person in front of judge within 24 hours
2 It is excluding travel hour
3 It is for avoiding illegal imprisonment
Qts 9. What is Mandamus
1. Mandamus means giving order
2 .Order given by court to Government Officers or Public Authority
3. Government Officers or Public Authority should do duty as per Law
4 .Mandamus not applicable to President of India and Governor of the State
5 .Mandamus not applicable to Private sector or Organization
Qts 10. What is Quo Warranto
1 Quo warranto means what authority
2 Court will ask Government officer
3 On what authority
4 Government officer misusing Government position
Qts 11. What is meant by Certiorari
I. Certiorari means certify for transfer
2. Lower Court should not handle Case
3. Higher Court order transferring case from one court to another court
Qts 12. What is prohibition
1. Prohibition means stay
2. Don't handle case
3. Higher Court gives order to Lower Court
4. Lower Court stop handling case
Part B
Qts 1 Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?
(a) Article 19
(b) Article 21
(c) Article 25
(d) Article 29
Ans. B
Explanation:
The right to marry is a part of right to life under Article 21 of Indian Constitution.
Right to marriage is also stated under Human Rights Charter within the meaning of right to start a family.
The right to marry is a universal right and it is available to everyone irrespective of their gender.
Various courts across the country have also interpreted right to marry as an integral part of right to life under Article 21.
Qts 2 Which one of the following reflects the most appropriate relationship between law and liberty?
(a) If there are more laws, there is less liberty.
(b) If there are no laws, there is no liberty.
(c) If there is liberty, laws have to be made by the people.
(d) If laws are changed too often, liberty is in danger.
Ans. B
Explanation:
Liberty gives an individual the freedom to act, as he/she pleases without being subject to any arbitrary restraint.
However, it does not mean complete absence of laws.
Liberty has to be enjoyed under the limitations and reasonable restrictions imposed by the Constitution for maintaining order in society.
Lawlessness would breed chaos and adversely affect Liberty.
Therefore, it is the laws that protect the liberty.
Hence, option (b) is correct.
Qts 3 Which of the following are regarded as the main features of the
"Rule of Law"?
1. Limitation of powers
2. Equality before law
3. Government responsible to International Organizations
4. Liberty and civil rights
Select the correct answer using the code given below:
(a) 1 and 3 only
(b) 2 and 4 only.
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4
Ans. (c)
Explanation:
Rule of law means no person or government is above the law and no government can enforce laws that are unfair or unjust.
It includes absence of arbitrary powers, Equality before law and privacy of individual rights.
Statement 3 is wrong as the government is responsible to the people and not the other international organization
Qts 4. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution
(b) Article 17 and the Directive Principles of State Policy in Part IV
(c) Article 21 and the freedoms guaranteed in Part III
(d) Article 24 and the provisions under the 44th Amendment to the Constitution
Ans. C
Explanation:
In 2017, the SC in a landmark judgement in the case of KS Puttaswamy vs Union of India stated that the "Right to Privacy is a fundamental right under the constitution.
It further held that the the Right to Privacy is not only an integral part of Right to Life and Personal Liberty provided under Article 21 but is also intrinsic to the entire fundamental rights section under part lll of the constitution
Qts 5. Which of the following are envisaged by the Right against exploitation in the Constitution of India?
1. Prohibition of traffic in human beings and forced labor
2. Abolition of untouchability
3 . Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4
Ans. C
Explanation:
RIGHT AGAINST EXPLOITATION is enshrined in Articles 23 & 24 of the Indian Constitution.
Article 23 prohibits traffic in human beings (forced labour) and other similar forms of forced labour.
Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or railway.
Qts 6. In the context of India, which one of the following is the correct relationship between Rights and Duties?
(a) Rights are correlative with Duties.
(b) Rights are personal and hence, independent of society and Duties.
(c) Rights, not Duties, are important for the advancement of the personality of the citizen.
(d) Duties, not Rights, are important for the stability of the State.
Ans. A
Explanation:
Rights and duties have an organic relationship.One cannot enjoy a right if others do not obey their duties.
Rights are what we want others to do for us, whereas the duties are those Acts which we should perform for others.
Thus, a right comes with an obligation to show respect for the rights of others. The obligations that accompany rights are in the form of duties.
Qts 7 One of the implications of equality in society is the absence of
(a) Privileges
(b) Restraints
(c) Competition
(d) Ideology
Ans. A
Explanation:
The term 'equality' entails the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.
This principle seems to be enshrined in Article 18 of the Constitution which abolishes titular privileges (except military or academic) granted to citizens of India
Qts 8 India is home to lakhs of persons with disabilities. What are the benefits available to them under the law
1. Free schooling till the age of 14 years in government-run schools.
2. Preferential allotment of land for setting up business.
3. Ramps in public buildings Governance
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans. D
Explanation:
Right to education Act provides for free and compulsory education to children between the age group 6 and 14 years including disable students.
Persons with disability Act provides for ramps in public building, adaptation of toilets for wheel chair users, braille symbols and auditory signals in elevators and lifts, ramps in hospitals, Primary health centers and other medical care and rehabilitation institutions.
The appropriate governments and local authorities shall by notification frame of persons with disabilities, for preferential allotment of land at concessional rates for houses, business, special schools.
Qts 9 Consider the following statements
1. Free and compulsory education to the children of 6-14 years age group by the State was made a Fundamental Right by the 76th Amendment to the Constitution of India.
2. Sarva Shiksha Abhiyan seeks to provide computer education even in rural areas.
3. Education was included in the Concurrent List by the 42nd Amendment, 1976 to the Constitution of India.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 1 and 2, only
(c) 2 and 3, only
(d) 1 and 3, only
Ans. C
Explanation:
Education was made a Fundamental Right by 86th Amendment Act, 2002 for children in the age group of 6-14 years.
Sarva Shiksha Abhiyan (SSA) was launched in 2001. The goals of Sarva Shiksha Abhiyan are as follows:
(i) All 6-14 age children in School/Education Guarantee Scheme Centre/bridge course
(ii) All 6-14 age children complete five year primary education
(iii) All 6-14 age children complete eight years of schooling
Qts 10 Consider the following statements:
1. There is no provision in the Constitution of India to encourage equal pay for equal work for both men and women.
2. The Constitution of India does not define backward classes.
Which of the statements given above is/are in correct?
(a) 1 only
(b) 2 only
(c) Both l and 2
(d) Neither 1 nor 2
Ans b
Explanation:
Article 39 deals with equal pay for equal work for men and women. Thus, statement 1 is incorrect.
Article 340 deals with the appointment of a commission to investigate the condition of backward classes but the Constitution neither specifies and uses a single uniform term to define the backward classes.
Qts 11 .Which one of the following rights was described by Dr. B. R. Ambedkar as the heart and soul of the Constitution?
(a) Right to freedom of religion
(b) Right to property
(c) Right to equality
(d) Right to Constitutional remedies
Ans. D
Explanation:
According to Ambedkar, Right to Constitutional remedies, "is the very soul of the Constitution and very heart of it".
Qts 12 A British citizen staying in India cannot claim Right to
(a) Freedom of trade and profession
b) Equality before the Law
(c) Protection of life and personal liberty
(d) Freedom of religion
Ans. A
Explanation:
The rights of equality before the law: 20 protection of life and personal liberty and freedom of religion are available to both Citizens and non-Citizens of India.
Qts 13 Consider the following statements:
No one can be compelled to sing the National Anthem since
1. It will be violative of the Right to freedom of speech and expression
2. It will be violative of the Right to freedom of conscience and practice and propagation of religion
3. There is no legal provision obliging anyone to sing the National Anthem
(a) 1 and 3 are correct
(b) 2 and 3 are correct
(c) 1, 2 and 3 are correct
(d) none is correct
Ans. A
Explanation:
No one can be compelled to sing the National Anthem because
(i) It will be violative of the Right to freedom of speech and expression.
(ii) There is no legal provision obliging anyone to sing the National Anthem.
Qts 14 Prohibition of discrimination on gourd of religion (Article 15 of the Constitution of India) is a Fundamental Right classifiable under
(a) the Right to Freedom of Religion
(b) the Right against Exploitation
(c) the Cultural and Educational Rights
(d) the Right to Equality
Ans. D
Explanation:
There are six Fundamental Rights:
1. The right to equality (Article 14 to 18)
2. Article 14 Equality before law,
3. Article 15 Prohibition of Discrimination
4. Article 16 Equality of opportunity
5. Article 17Abolition of Untouchability
6. Article 18 is Abolition of Titles.
Part C
Qts I What is right to life and personal liberty
The right to life and personal liberty is guaranteed by the Indian Constitution in
Part III under the category of Right to Freedom (Articles 19-22).
The right to life and personal liberty in accordance with the procedure established by law is guarantee by Article 21of the Indian Constitution.
The right is available to both citizens and non-citizens.
The scope of Article 21 have been expands over the years through judicial pronouncements over the years.
The Supreme Court of India in the Gopalan Case (1950) held that protection under Article 21 is available only against arbitrary executive action and not against arbitrary legislative action.
It clarified that if personal liberty of an individual is taken away by a law, the validity of the law cannot be questioned.
In the same case the Supreme Court held personal liberty would only mean liberty relating to the person or body of the individual.
In the Maneka Gandhi Case (1978) the Supreme Court overruled its judgement in the Gopalan Case by widely interpreting Article 21.
It stated that protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action by introducing the American concept of 'due process of law'.
It pronounced the expression 'Personal Liberty' in Article 21 is of the widest amplitude and it covers a wide range of rights that go to constitute the personal liberties of a man.
The court's decision in Maneka Gandhi Case has been reaffirmed in the subsequent cases.
In the way of widening the implications of personal liberty, in 1993, the Supreme Court recognized primary education as a fundamental right under Article 21.
It recognized right to free education until the completion of 14 years as a Fundamental Right overruling its earlier judgement in 1992, which declared that there was a Fundamental Right to education up to any level including professional education like medicine and engineering.
The 86th Constitutional Amendment Act. of 2002, inserted Article 21A for making only elementary education a Fundamental Right.
Qts 2. Discuss how constitution of India provided equal Rights
The term 'Equality' in the Preamble to the Indian Constitution pledges to secure to all citizens of India, equality of status and opportunity. This provision embraces three dimensions of equality - Civic, Political and Economic.
The chapter on Fundamental Rights in Part III of the Constitution ensures civic equality through the following provisions
1.Equality before the law (Article 14)
2. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)
3.Equality of opportunity in matters of public employment (Article 16)
4.Abolition of untouchability (Article 17)
5. Abolition of titles (Article 18)
Political equality is sought to be achieved by Article 325, that declares that the person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex;
Article 326 which says, elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage.
Economic equality is secured by the Directive Principles of State Policy through Article 39 which secures to men and women equal right to an adequate mean of livelihood and equal pay for equal work.
To further strengthen the guarantee of Right to Equality the Supreme Court held that where equals and unequal's are treated differently.
Article 14 does not apply. It forbids class legislation but it permits reasonable classification of persons, objects and transactions by the law, without being arbitrary.
The Supreme Court further in M Nagaraj Vs Union of India (2007) Case held that Right to Equality under Article 14 form part of the 'Basic Structure' of the Constitution.
In the opinion of the Supreme Court, equality is the essence of democracy.
Therefore, the 'Rule of Law' as embodied in Article 14 is a basic feature of the Constitution and it cannot be destroyed by amendment.
Article 361 The President of India and the Governor of states are exempted from any criminal proceedings during their term of office.
Article 31-C says laws implementing Directive Principles contained in clauses (b) or (c) of Article 39 cannot be challenged for being violative of Article 14.
Article 359 (1) The President may suspend the right to move to court for enforcement of fundamental rights except Articles 20 and 21.
Qts 3 What is common between Article 14 and 226 of the Indian constitution
Article 14 guarantees equality before law
Article 226 ensures high court to issue writs to any person, authority and government
Qts 4 What are the Constitutional limitations on the free movement of Indian throughout the country?
Ans Article 19 (1) (d) in Part III of the Indian Constitution guarantees to the citizens the right to move freedom throughout the territory of India.
The freedom entitles every citizen freedom of movement throughout the territory of the country to underline the idea of India as one unit, so far the citizens are concerned. In short it seeks to promote national unity.
Reasonable restrictions on this freedom are imposed on two grounds, namely the interests of general public and the protection of interests of any scheduled tribe.
The entry of outsiders in the tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguards their traditional vocation and properties against exploitation.
The freedom has two dimensions i.e., internal, ensuring right to move inside the country and external, 'guaranteeing' the right to move out of the country and right to come back to the country.
Article 19 protects only the first dimension, while Article 21 protect the second dimensions
Qts 5.Highlight the significance of the 24 th Amendment to the constitution of India
The procedure for amending the Indian Constitution is neither flexible nor rigid, but a combination of both.
Article 368 in Part XX of the Constitution deals with the powers of the Parliament to amend the Constitution and its procedure.
The Parliament may in the exercise of its constituent power amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down.
Prior to the Golak Nath Case, the Supreme Court maintained that Fundamental Rights were also amendable. The case ruled that the Fundamental maintained transcendental in nature and the Parliament cannot abridge or take away any Fundamental Rights.
Reacting to this Judgement of the Supreme Court the Parliament through the 24th Amendment Act, 1971 brought certain changes to the amend ability of the Fundamental Rights. The 24th Amendment Act, 1971 amended Articles 13 and 368.
It declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368 and such an Act , will not be a law
under the meaning of Article 13.
The Supreme Court upheld the validity of the 24th Amendment Act, and stated that the Parliament is empowered to abridge or take away any of the Fundamental Rights but at the same time laid down the new doctrine of the ' basic structure of the constitution '.
Thus, it may be said that the 24th Amendment enhanced the powers of the Parliament to amend the Fundamental Rights
Qts 6 What is the status of the Rights of Property
The 44th Amendment Act, of 1978 abolished the right to property as a Fundamental Right by repealing Article 19(1) (f) and Article 31 from Part III.
Now the right to property is a legal and constitutional right. The Right to Property can be amended by ordinary legislation and restricts executive action.
Qts 7 What is quality of life
'Quality of Life' is to be secured through Article 21 under Part III of the Constitution. The scope of the article has been expanded to improve personal liberty hence, quality of life. The article acts as a limitation on executive action to protect the rights of the citizens.
Qts 8. State the amplitude of Article 21 of the Constitution
Personal Liberty is of widest amplitude in Article 21 as it covers a variety of rights that go to constitute the personal liberties of a man.
To give it further significance, it acts as a limitation on executive action. This means that the state can deprive the Right to Life and personal liberty of a person based on a law.