7 fundamental rights part 1 Flashcards
Which article provides for abolition of child labour in india?
24
Article to provide prohibition of human trafficking and forced labour?
23
Article any person can accept any religion from his conscience and promote it?
25
Fundamental rights are enshrined in what part of the Constitution
Part three from article 12 to 35
Fundamental rights of Indian constitution are derived from which country
Constitution of USA bill of rights
What part of the Constitution is described as Magna Carta of India
Part three of the Constitution
What is the nature of fundamental rights
Fundamental rights are justiciable in nature
Which set of rules put limitations on the tyranny of the executive and arbitrary laws of the legislature
Fundamental rights establish government of laws not of men
What are the six constitutional fundamental rights
Right to equality 14 to 18Right to freedom 19 to 22Right against exploitation 23 to 24Right to freedom of religion 25 to 28Cultural and educational rights 29 to 30Right to constitutional remedies 32Article 31 right to property is now a constitutional right
When was the right to property deleted from fundamental rights
44 amendment 1978 and was made a legal right under article 300a in part 12
Who decides the qualified nature of the fundamental rights and if the restrictions are reasonable
Courts
Who can amend the fundamental rights
Parliament by special majority
When can the fundamental rights be suspendedWhich articles cannot be
During the operation of a national emergency except for article 20 and 21
The six right guaranteed by article 19 can be suspended only when
When emergency is declared on the grounds of war or external aggression not on the grounds of internal emergency
Which articles limit the scope of fundamental rights
Article 31a 31 b and 31 c
By which article are the fundamental rights of military personnel and other government agencies are limited
Article 33
Fundamental rights restricted under the martial law is explained in which article
34
Which article suggest that laws related to fundamental rights can only be made by the parliament and not by state legislatures
Article 35
Under article 35 why are the fundamental rights related laws are bound by parliamentary action not state
To ensure uniformity throughout the country
Which article covers the ground of what constitute as a state for fundamental rights
Article 12
Which article declares at all the laws that are inconsistent with or in derogation of any of the fundamental rights shall be void
Artical 13
Who decides if the laws are consistent with fundamental rights or not
This power has been conferred to the supreme court under article 32 and high courts under article to 226
Article 13 declared at constitution amendment is not law and and cannot be challenged it was repealed by which landmark achievement
Keshavanand Bharati case 1973
Equality before law and equal protection of law which article
Article 14
Is article 14 limited to the citizens of India or for all
All person whether citizens or foreigners
What is the origin of the concept of equality before law
British origin
What is the origin of the concept of equal protection of laws
American constitution
According to supreme court where does the article 14 not apply
Where equals and unequals are treated differently article 14 does not apply
For example, the state can make different laws for disabled people, women and senior citizens, as they have different needs and vulnerabilities. The state can also have different policies for different regions, as long as it is not discriminatory in nature. However, the state should be careful that the classification is not arbitrary and is based on intelligible differentia and the differentiation has rational nexus with the objective sought to be achieved.
Who gave the concept of equality before law
AV dicey the British jurist
Why cannot the rule of law in article 14 be destroyed by an amendment
Supreme court held at the rule of law emodied in a article 14 is a basic feature of the constitution
Which article under the part 3 of the constitution strips article 14 of its power when it comes in
The supreme court has held that when article 31C comes in article 14 goes out implementing the directive principles of state polity
What are the ground against which article 15 protect a citizen from discrimination
Only of religion race cast sex or place of birth
Which provision of article 15 prohibits state and private individuals from discriminating
Article 15 Prohibits discrimination in access to public places and use of public properties example roads Wells etc
In which constitutional amendment act for the provision of OBC reservation in education institution was implemented
93 amendment of 2005
When was the reservation for economically weaker sections in educationstitutions was implemented in constitution
103 amendment act of 2019
Equality of opportunity in public employment article
Article 16
Under article 16 no discrimination on the basis of
Only religion race cast sex decent place of birth or residenceDescent and residence were not in 15
Article related to the BP mandal commission in 1979
Under article 340
Which commission did morarji Desai government in 1979 appoint as the second backward classes commissionWhich was first
Mandal commissionFirst was kaka kalelkar commission 1955
Commission related to OBC reservation
Mandal commission 1979
Which committee was appointed to identify the creamy layer among the OBC
Ram Nandan committee
By which amendment act was the National commission for backward classes established in 1993 was conferred a constitutional status
102 amendment of 2018
Abolition of untouchability article
Article 17
The untouchability offenses act 1955 was amended and renamed as and when
1976 renamed as protection of civil rights act 1955
Article 17 is available against what extent of people
Everyone even against private individuals as the supreme court held
Abolition of titles article
Article 18
How can a foreigner holding any office of profit or trusted under the state accept the title from any foreign state related to artical 18
With the consent of the president
In 1996 the supreme court of held the constitution validity of a few titles like
National awards like Bharat ratn vibhushan padmbhushan padmshri
When were the national awards discontinued and when were they continued again
Discontinued by the Janata party government in 1977 revived in 1980 Indira Gandhi government
Protection of 6 rights under article 19 what rights
SCRAMPSpeech and expressionTo form associations or unions are cooperative societiesResult and settle in any part or territory of IndiaAssembly without armsMove freely throughout the territory of IndiaPractice any profession or to carry on any occupation trade or business
Six rights under article 19 protected against whom
Against only state action and not private individuals
The two dimensions of freedom of movement1 right to move inside the country2 right to move out of the country and right to come back to the countryAbove two dimensions are covered in which articles
1 article 192 article 21
Three provisions under the protection in respect of conviction for offences article 20
1 no ex post facto law2 no double jeopardy3 no self incrimination
Protection and respect of conviction for offences article
Article 20
Limitation on the first provision of article 20
It is imposed only on criminal laws and not on civil laws. Cannot be claimed in case of preventive detention
Protection against double jeopardy article 20 is available against
Court of law education tribunal not against department or administrative authority as they are not judicial in nature
Extension of the third provision of article 20
Protection against self incrimination extends only to criminal proceedings not civil process
Protection of life and personal liberty article
Article 21
No person shall be deprived of his life or personal liberty except what under article 21
Except according to procedure established by law
Right under article 21 is available to
Both citizens and non citizens
Which famous case took the narrow approach for article 21 and did not protect against the legislative arbitrary action and which landmark judgement corrected that
Gopalan case of 1950 and then a wider interpretation in menaka case of 1978
Which landmark judgement has introduced the American expression due process of law
Menaka case of 1978
Which expression in article 21 has the widest amplitude and covers the variety of rights at go to constitute the personal Liberty of a man
Expression of personal liberty in article 21
Right to education article
Article 21a
When was the provision of right to education was added
86 constitutional amendment act of 2002
Before the amendment 86 2002 free and compulsory education for children was under which article
Part 4 article 45
Which article provides education for children till the age of 6 and then the age of 6 to 14
Dpsp article 45 tell the age of 6 and article 21a from age 6 to 14 that is primary education
for article 21a which act did the government enact
Right of children to free and compulsory education RTE act 2009
Protection against arrest and detention article
Article 22
