9.Fundamental Articles: An Introduction to Article 12-13

Question 1

What is the difference between nationality and citizenship?

Answer 1

Nationality refers to one’s ethnicity, culture, and background, while citizenship is a legal concept that can be changed and denotes one’s legal status in a country.

Question 2

How are rights defined?

Answer 2

Rights are entitlements that act as claims and can be both positive and negative in nature.

Question 3

What was the significance of the Magna Carta?

Answer 3

The Magna Carta, written in 1215 AD, granted certain basic civil rights to the British people and was forced upon the British King.

Question 4

Who argued for natural rights in the 17th century?

Answer 4

John Locke argued for natural rights, stating that individuals inherently possess basic rights such as life, liberty, and property.

Question 5

What did the Bill of Rights in the American Constitution contain?

Answer 5

The Bill of Rights, written during the framing of the American Constitution in 1787, included basic political and civil rights, such as the right to life, equality, liberty, and freedom of expression.

Question 6

When was the Universal Declaration of Human Rights created and by whom?

Answer 6

The Universal Declaration of Human Rights was created in 1948 by the United Nations and consists of 30 civil and political rights.

Question 7

When is Human Rights Day celebrated?

Answer 7

Human Rights Day is celebrated every year on 10 December.

Question 8

What are the three types of rights mentioned?

Answer 8

The three types of rights mentioned are natural rights, life, liberty, and property, and human rights.

Question 9

Who propounded natural rights in the 16th century?

Answer 9

Natural rights were propounded by John Locke in the 16th century.

Question 10

According to T. H. Green, how did he explain rights?

Answer 10

T. H. Green explained that rights are powers necessary for the fulfillment of man’s vocation as a moral being.

Question 11

What is the significance of Fundamental Rights?

Answer 11

The significance of Fundamental Rights includes constituting the foundation of the democratic system, providing protection and conditions for individuals, protecting the interests of minorities and weaker sections, strengthening secularism, ensuring social equality and justice, and facilitating participation in the political process.

Question 12

When was the Universal Declaration of Human Rights created?

Answer 12

The Universal Declaration of Human Rights was created in 1948 by the United Nations.

Question 13

What is the purpose of Article 19 of the Indian Constitution?

Answer 13

Article 19 provides the freedom of expression but with reasonable restrictions to protect against defamation and other curtailments.

Question 14

What does Human Rights Day celebrate?

Answer 14

Human Rights Day celebrates the importance and promotion of human rights globally.

Question 15

What is the difference between Fundamental Rights and Directive Principle of State Policy (DPSP)?

Answer 15

Fundamental Rights contain rights that need to be immediately implemented, while DPSP includes rights that are important but may not be immediately implemented due to resource limitations.

Question 16

When did the implementation of Fundamental Rights begin?

Answer 16

The implementation of Fundamental Rights began with the formation of the Constitution.

Question 17

What do Fundamental Rights ensure?

Answer 17

Fundamental Rights ensure life, liberty, and property.

Question 18

Why are certain rights placed under Directive Principle of State Policy?

Answer 18

Certain rights are placed under DPSP because the government may lack the necessary resources to immediately implement them.

Question 19

Can rights be moved from Directive Principle of State Policy to Fundamental Rights?

Answer 19

Yes, rights can be moved from DPSP to Fundamental Rights. For example, the right to education was initially under DPSP and later moved to Fundamental Rights under Article 21A in 2002.

Question 20

Which right is currently under Directive Principle of State Policy?

Answer 20

The right to nutrition is currently under DPSP.

Question 21

What is the nature of fundamental rights?

Answer 21

Fundamental rights are most elaborate in nature and contain detailed provisions. They have special enforcement provisions under Article 32 and Article 226.

Question 22

Are fundamental rights absolute in nature?

Answer 22

No, fundamental rights are not absolute. They are qualified, meaning that the state can put reasonable restrictions on them.

Question 23

Are fundamental rights applicable to non-citizens?

Answer 23

Yes, a few fundamental rights are applicable to non-citizens as well.

Question 24

What is the difference between negative rights and positive rights?

Answer 24

Negative rights act as a claim against the state and protect individuals from government actions, while positive rights allow the government to perform certain actions to ensure equality and other benefits.

Question 25

Can reasonable restrictions be placed on fundamental rights?

Answer 25

Yes, rights are not absolute in nature, and reasonable restrictions can be imposed on them.

Question 26

What is the purpose of fundamental rights?

Answer 26

The purpose of fundamental rights is to ensure the rule of law, upliftment of all, and democracy in the country.

Question 27

What is the correlative duty associated with every right?

Answer 27

Every right is associated with a correlative duty, meaning that exercising one’s rights should not infringe upon the rights of others.

Question 28

How are fundamental rights protected?

Answer 28

Fundamental rights are protected by the Supreme Court, which provides a high degree of protection against government encroachment. Laws encroaching on fundamental rights must pass strict scrutiny to be upheld as constitutional.

Question 29

What are the fundamental rights mentioned in the Indian Constitution?

Answer 29

The fundamental rights mentioned in the Indian Constitution include the Right to Equality, Right to Freedom, Right against Exploitation, Freedom of Religion, Cultural & Linguistic Rights, and Right to Constitutional Remedies.

Question 30

Which articles cover the Right to Equality?

Answer 30

The Right to Equality is covered by Articles 14, 15, 16, 17, and 18 of the Indian Constitution.

Question 31

Which articles cover the Right to Freedom?

Answer 31

The Right to Freedom is covered by Articles 19, 20, 21, and 22 of the Indian Constitution.

Question 32

Which articles cover the Right against Exploitation?

Answer 32

The Right against Exploitation is covered by Articles 23 and 24 of the Indian Constitution.

Question 33

Which articles cover the Freedom of Religion?

Answer 33

The Freedom of Religion is covered by Articles 25, 26, 27, and 28 of the Indian Constitution.

Question 34

Which articles cover Cultural & Linguistic Rights?

Answer 34

Cultural & Linguistic Rights are covered by Articles 29 and 30 of the Indian Constitution.

Question 35

Which article covers the Right to Constitutional Remedies?

Answer 35

The Right to Constitutional Remedies is covered by Article 32 of the Indian Constitution.

Question 36

Who is considered the ‘State’ under Article 12 of the Constitution?

Answer 36

The ‘State’ under Article 12 includes key organs of the government, such as the Central and State legislature, executive of Union and State, local authorities, and other authorities working under or for the government within the territory of India.

Question 37

What is the definition of ‘Authority’?

Answer 37

Authority’ refers to a person or body exercising power or having a legal right to command and be obeyed. It can also be a group of persons with official responsibility for a particular area of activity and having the moral or legal right or ability to control others. It includes public administrative agencies or corporations with quasi-governmental powers authorized to administer a revenue-producing public enterprise.

Question 38

What are the criteria defined by the Supreme Court in the R. C. Jain Case for a local authority?

Answer 38

The criteria defined by the Supreme Court in the R. C. Jain Case for a local authority are:

It should have a separate legal existence.
It functions in a defined area.
It enjoys autonomy.
It has the power to raise funds.

Question 39

What criteria were established by the Supreme Court in the Airport Authority of India Case for an “other authority”?

Answer 39

The criteria established by the Supreme Court in the Airport Authority of India Case for an “other authority” are:

The entire share capital is managed by the Government of India.
It enjoys a monopoly.
Its functional character is of the government.
The government holds deep control.

Question 40

In the Ajay Hasia Case, what decision did the Supreme Court make regarding regional engineering colleges?

Answer 40

In the Ajay Hasia Case, the Supreme Court declared that regional engineering colleges would be considered under the definition of the State.

Question 41

Does the State include the judiciary?

Answer 41

The Supreme Court has held different views regarding whether the judiciary is considered a part of the State. In some cases, it has been observed that the judiciary is not considered a State, but in other cases, when the rule-making power and administrative functions of the judiciary are concerned, it can be considered a State.

Question 42

What is the status of quasi-judicial bodies in relation to the courts?

Answer 42

If a quasi-judicial body acts under an ultra vires law, outside its jurisdiction, ignores mandatory rules and procedures, or infringes the principles of natural justice, thereby affecting fundamental rights, its actions can be quashed by the courts. The National Green Tribunal is given as an example of such a quasi-judicial body.

Question 43

How is a quasi-judicial body defined?

Answer 43

A quasi-judicial body can be an individual or a body with powers resembling a court of law. It is an organ of government other than a court or legislature, which affects the rights of private parties either through adjudication or rulemaking.