19.Article 21A,22,23,24,25, and Secularism

Question 1

What does Article 21A of the Indian Constitution talk about?

Answer 1

Article 21A talks about the Right to Education.

Question 2

When was Article 21A inserted into the Constitution?

Answer 2

Article 21A was inserted into the Constitution by the 86th Amendment in 2002.

Question 3

What does Article 21A state regarding education?

Answer 3

Article 21A states that the State shall provide free and compulsory education to all children between the age of six and fourteen years in a manner determined by the State through legislation.

Question 4

What was the purpose of inserting Article 21A into the Constitution?

Answer 4

The insertion of Article 21A was to give effect to the Directive Principle under Article 45, which emphasizes free and compulsory education for children.

Question 5

What additional provision was added to Article 51-A through the 86th Amendment?

Answer 5

The 86th Amendment added clause (k) to Article 51-A, which imposes a fundamental duty on parents or guardians to provide opportunities for education to their children between the age of six and fourteen years.

Question 6

When was the Right to Education Act enacted?

Answer 6

The Right to Education Act was enacted in the year 2009.

Question 7

What is the Right to Education Act, 2009 (RTE)?

Answer 7

The Right to Education Act, 2009 (RTE) is a legislation that grants every child in the age group of 6-14 the right to free and compulsory education in a neighborhood school.

Question 8

What does the RTE Act prohibit in schools?

Answer 8

The RTE Act prohibits various practices such as donation, capitation fees, screening tests/interviews of children or parents, physical punishment or mental harassment, private tuition by teachers, and running schools without recognition.

Question 9

What is the provision under Section 12 (1) (c) of the RTE Act?

Answer 9

Section 12 (1) (c) of the RTE Act mandates unaided and non-minority schools to reserve 25% of seats for underprivileged children through a random selection process. The government will fund the education of these children, and no seats in this quota can be left vacant.

Question 10

What was the No Detention Policy under the RTE Act?

Answer 10

The No Detention Policy, which was part of the RTE Act, ensured automatic promotion of students from class 1 to 8 without failing. However, this policy has been scrapped in 2018.

Question 11

What is the impact of the No Detention Policy being scrapped?

Answer 11

With the scrapping of the No Detention Policy, students can now be held back or failed if they do not meet the required academic standards in classes 1 to 8.

Question 12

What does Article 22 of the Constitution protect against?

Answer 12

Article 22 of the Constitution provides protection against arrest and detention in certain cases.

Question 13

What are the rights of a person who is arrested or detained under an ordinary law?

Answer 13

The rights of a person who is arrested or detained under an ordinary law include the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours.

Question 14

What are the rights of a person who is arrested or detained under a preventive detention law?

Answer 14

The rights of a person who is arrested or detained under a preventive detention law include the following:

*The detention of a person cannot exceed three months unless the advisory board reports sufficient cause for extended detention.
*The grounds for detention should be communicated.
*The detenu should be allowed to make representation against the detention order.

Question 15

What is the composition of the advisory board for preventive detention?

Answer 15

The advisory board for preventive detention is to consist of judges of a high court.

Question 16

What is the purpose of the representation allowed to the detenu under preventive detention?

Answer 16

The representation allowed to the detenu under preventive detention allows them to present their case and challenge the detention order.

Question 17

What is Preventive Detention?

Answer 17

Preventive Detention is a provision that allows for the arrest and detention of individuals to prevent them from committing certain offenses or to maintain public order.

Question 18

Under which article of the Indian Constitution is the provision for Preventive Detention mentioned?

Answer 18

The provision for Preventive Detention is mentioned under Article 22(3) of the Indian Constitution.

Question 19

Are the protections against arrest and detention available under Article 22(1) and 22(2) applicable to a person arrested or detained under a law providing for preventive detention?

Answer 19

No, the protections against arrest and detention under Articles 22(1) and 22(2) are not available to a person arrested or detained under a law providing for preventive detention.

Question 20

On what grounds can preventive detention be made?

Answer 20

Preventive detention can be made on the grounds of security of the state, maintenance of public order, maintenance of supplies and essential services and defense, and foreign affairs or security of India.

Question 21

Why is Preventive Detention considered contentious?

Answer 21

Preventive Detention is considered contentious because it involves the curtailment of personal liberty without the person having committed any specific offense. It is seen as a potential violation of individual rights and can be subject to misuse or abuse by authorities.

Question 22

What is Article 23 of the Indian Constitution about?

Answer 22

Article 23 of the Indian Constitution prohibits traffic in human beings and forced labor.

Question 23

What forms of labor are prohibited under Article 23?

Answer 23

Trafficking in human beings and ‘begar’ (forced labor) and other similar forms of forced labor are prohibited under Article 23.

Question 24

Can the state impose compulsory service for public purposes?

Answer 24

Yes, the state can impose compulsory service for public purposes as stated in Article 23(2).

Question 25

Is discrimination allowed on the grounds of religion, race, caste, or class under Article 23?

Answer 25

No, Article 23 explicitly states that there should be no discrimination on the grounds of religion, race, caste, or class.

Question 26

What is Article 24 of the Indian Constitution about?

Answer 26

Article 24 of the Indian Constitution prohibits the employment of children below the age of fourteen years in factories, mines, or any other hazardous employment.

Question 27

Which type of employment is specifically prohibited under Article 24?

Answer 27

Article 24 prohibits the employment of children below the age of fourteen years in factories, mines, or any other hazardous employment.

Question 28

How is the word ‘Secular’ defined in Webster’s Dictionary?

Answer 28

The word ‘Secular’ in Webster’s Dictionary is described as a view of life.

Question 29

What is the origin of the word ‘Secular’?

Answer 29

The word ‘Secular’ is derived from the Latin word speculum, which means an indefinite period.

Question 30

Where does the concept of Secularism have its origin?

Answer 30

The concept of Secularism has its origin in the West, specifically in the context of the Christian religion.

Question 31

How does Secularism in India differ from the West?

Answer 31

In India, Secularism was not born out of the conflict between religious institutions and the State, as it was in the West. Instead, it is rooted in India’s own history and culture.

Question 32

What are the principles of Secularism in India?

Answer 32

1.Separation of religious institutions from state institutions and a public sphere where religion may participate, but not dominate.
2.Freedom to practice one’s faith or belief without harming others, or to change it or not have one, according to one’s own conscience.
3.Equality, ensuring that religious beliefs or lack thereof do not put anyone at an advantage or disadvantage.

Question 33

What was the motivation behind the idea of Secularism in India?

Answer 33

The motivation behind the idea of Secularism in India was the desire of the founding fathers to be just and fair to all communities, regardless of their number.

Question 34

What characterized the pre-Secularism era?

Answer 34

In the pre-Secularism era, the Church dominated the government, and the state had a defined religion. All actions were carried out in the ‘Name of God.’

Question 35

What was the impact of the Renaissance on European intellectual life?

Answer 35

The Renaissance, a cultural movement, profoundly affected European intellectual life in the early modern period. It influenced various aspects such as art, architecture, philosophy, literature, music, science and technology, politics, and religion.

Question 36

Which country’s model of secularism is considered one of the earliest?

Answer 36

The French Model of Secularism is considered one of the earliest models of secularism.

Question 37

What is the meaning of “laïcité” in French secularism?

Answer 37

“Laïcité” is a French concept of secularism that discourages religious involvement in government affairs and forbids government influence in religious matters.

Question 38

What does French secularism, or laïcité, ensure for French citizens?

Answer 38

French secularism, or laïcité, ensures the liberty of conscience for all French citizens and the equality of all citizens before the law, regardless of their origin, race, or religion. It also respects all religious beliefs.

Question 39

Is there a difference between the style of secularism in France and the United States?

Answer 39

No, there is essentially no major difference between the style of secularism envisioned by the founders of laïcité in France and the framers of the First Amendment to the U.S. Constitution. Both sought to ensure religious pluralism in the public and private spheres.

Question 40

What recent controversies have arisen around the French model of secularism?

Answer 40

Recent controversies surrounding the French model of secularism include measures such as the hijab ban and the burkini ban, which some see as attempts to curb the influence of extremist clerics but others view as more sinister.

Question 41

What is the US model of secularism based on?

Answer 41

The US model of secularism is based on the principle of separating religion from the state and ensuring that there is no state church or state religion.

Question 42

How does the US Constitution reflect secularism?

Answer 42

The US Constitution is strictly secular and does not mention God. It begins with the phrase “We the people” and does not enshrine a state religion or give preference to any religious beliefs.

Question 43

What is the principle followed by the US model of secularism?

Answer 43

The US model of secularism follows the “one arm’s distance” principle, which means that the state does not interfere in private religious affairs as long as they do not disrupt the peace and functioning of the state.

Question 44

What distinguishes the United States as the original secular western nation?

Answer 44

At the time of its founding, most European nations had a state religion and a monarch ruling by religious authority. In contrast, the United States chose not to establish a state religion and became the first secular nation in the Western world.

Question 45

What is the Turkish model of secularism known as?

Answer 45

The Turkish model of secularism is known as Kemalism or Atatürkism.

Question 46

Who implemented Kemalism in Turkey?

Answer 46

Kemalism was implemented by Mustafa Kemal Atatürk, the founder of the Republic of Turkey.

Question 47

What were the goals of Kemalism?

Answer 47

The goals of Kemalism were to introduce political, social, cultural, and religious reforms that would separate the new Turkish state from its Ottoman past.

Question 48

What are some key features of the Turkish model of secularism?

Answer 48

The Turkish model of secularism emphasizes the homogeneity of laws, including the implementation of a Uniform Civil Code. It also advocates for a progressive system and the separation of religion from state affairs.

Question 49

What is the Indian model of secularism rooted in?

Answer 49

The Indian model of secularism is rooted in India’s history and culture, which includes appeals for religious toleration by figures like Ashoka and the influence of movements like Sufism and Bhakti.

Question 50

What is the concept of ‘Principled Distance’ in Indian secularism?

Answer 50

The concept of ‘Principled Distance’ refers to the Indian state neither promoting nor interfering with any particular religion, but rather enabling reforms and facilitating the practice of religious faith when necessary. It is also known as positive secularism.

Question 51

What is the significance of the term ‘Sarva Dharma Sambhav’ in the Indian model of secularism?

Answer 51

‘Sarva Dharma Sambhav’ is a principle of equal respect and toleration for all religions. It emphasizes the state’s duty to provide equal protection to all religions and ensure inter-religious equality.

Question 52

Which articles of the Indian Constitution address secularism and religious rights?

Answer 52

Articles 21, 25, and 29 of the Indian Constitution address secularism and religious rights. The word ‘secular’ was added to the Preamble through the 42nd Amendment Act of 1976.

Question 53

How does the Indian model of secularism view the relationship between the state and religion?

Answer 53

The Indian model of secularism follows the concept of ‘Dharma Nirpekshata,’ which means the state’s indifference towards religion. It eliminates the role of religion in state matters and ensures equal freedom for all religions.

Question 54

Where in the Indian Constitution is the idea of secularism rooted?

Answer 54

The idea of secularism is rooted in various provisions of the Indian Constitution, including the Preamble and articles 14, 15, 16, 25, 26, 27, and 28.

Question 55

What does Article 25 of the Indian Constitution guarantee?

Answer 55

Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, health, and other provisions of the Constitution.

Question 56

What is the concept of ‘Principled Distance’ in relation to Article 25?

Answer 56

‘Principled Distance’ refers to the idea that the state should maintain a neutral and impartial stance towards religion. While individuals have the freedom to practice their religion, the state can regulate or restrict secular activities associated with religious practices.

Question 57

What role does the Indian State play in relation to religion?

Answer 57

In India, the State acts as both a reformer and protector of religious rights. It ensures the freedom of religion while also having the authority to regulate certain secular aspects associated with religious practices.

Question 58

What was Dr. Ambedkar’s stance on personal laws in Article 25?

Answer 58

Dr. Ambedkar opposed including personal laws in Article 25. He believed that it would contradict the fundamental principles of the Constitution and preferred the state to determine matters of morality and immorality, ensuring individual freedom and liberty.