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Polity > Fundamental Rights > Flashcards

Fundamental Rights Flashcards

1
Q

The notion of entitlements of rights can be traced back to

A

Magna Carta of 1215

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2
Q

Constitution makers derived inspiration of fundamental rights from

A

Bill of Rights from the Constitution of USA

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3
Q

Fundamental Rights articles ranges from

A

12 - 35

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4
Q

PART III i.e Fundamental Rights is described as

A

Magna Carta of India

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5
Q

Right to property was deleted in which amendment?

A

44th Amendment Act, 1978

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6
Q

Fundamental rights can be suspended against National Emergency except for

A

20 and 21

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7
Q

Six rights guaranteed by Art. 19 can be suspended only

A

Under external aggression and not on the grounds of armed rebellion (internal emergency)

This was made by 44th CAA 1978

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8
Q

Art 33

A

armed forces, para military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament

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9
Q

Art 34

A

FR can be restricted while marital law is in force in any area

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10
Q

Art 35

A

Parliaments can make law for enforcing FR to maintain uniformity throughout the country.

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11
Q

Doctrine of Harmonious Construction was given by which SC Case?

A

Kerala Education Bill 1957

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12
Q

Art 12

A

Defines a State in the context of FR. Includes govt and all its agencies.

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13
Q

Is BCCI a state under Art 12

A

No, the SC held in Zee Telefilms v. Union of India

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14
Q

Minerva Mills Case 1980

A

Court asserted that a law made by Parliament under Article 31C would be protected only if it is made to implement directives in Art 39(b) and 39(c) and not any other DPSPs

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15
Q

Is judiciary under State as per Art 12

A

Rupa Ashok Hurra v. Ashok Hurra 2002 = not under the ambit of state

Naresh Shridar Mirajkar V State of Maharashtra = administrative functions can be termed as a State

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16
Q

Public Authority under RTI Act Section 2(h)

A

Includes
Constitutional Bodies
Bodies made by Parliamentary Law
Bodies made by State Legislatures
By notifications etc

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17
Q

Art 13

A

Laws inconsistent with or in derogation of any fundamental rights shall be void.

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18
Q

Art 14

A

Equality before the law = No privileged class

Equal Protection of Law = Like to be treated alike, under equal circumstances

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19
Q

Rule of Law

A

AV Dicey

Absence of arbitrary power, equal subjection of all persons to ordinary law.

Exceptions :
President and Governor of States under Art 361 :
1. Not answerable to any court for exercise of functions
2. No process for arrest or imprisonment
3. No criminal proceedings
4. No Civil proceedings until the expiry of two months notice has been delivered.

361 A = No civil or criminal proceedings for publication in a newspaper of a substantially true report of any proceedings

No MP/ MLA shall be liable of anything said or any vote given by him in Parliament/ Legislature or any committee thereof = Art 105 and 194)

Art 31 C = Where Art 31 C comes in Art 14 goes out.

Foreign sovereigns, ambassadors and diplomats

UNO and its agencies.

20
Q

31 C

A

Added by the 25th Amendment act

  1. Law that seeks to implement socialist directive principles specified in Art 39(b) and (c) shall not be void on the ground of contravention of FR by Art 14.
21
Q

Mandal Commission

A

Recommended 27% reservation for OBC non creamy layer

22
Q

National Commission for Backward Classes

A

Was established in 1993 by an act of Parliament to examine the complaints of under inclusion, over inclusion or non inclusion of any class of citizens in the list of backward classes for the purpose of job reservation.

23
Q

Concept of Creamy Layer came in which judgment

A

Indira Sawhney Case 1992

24
Q

Act that enforces Art 17

A

Protection of Civil Rights Act 1955
SC ST (Prevention of Atrocities) Act, 1989 and Rules 1995

25
Q

First ever committee to study caste discrimination in higher education sector

A

Thorat Committee, 2007

26
Q

The six rights under Art 19 are protected against only

A

State action and not private individuals, only citizens and not foreigners

27
Q

Sedition 124A IPC was used for the first time to which Indian?

A

Bal Gangadhar Tilak 1870

28
Q

SC held that 124A is reasonable in

A

Kedhar Nath Singh Vs State of Bihar 1962

29
Q

In regards to 124A , Justice DY Chandrachud said

A

Dissent is safety valve of democracy

30
Q

CrPC 144 and 1PC 141

A
  1. Magistrate can stop an assembly of persons on grounds of public order
  2. assembly of five or more persons becomes unlawful on grounds of public order
31
Q

Maneka Gandhi Case 1978

A

Personal Liberty interpreted in the most widest sense

32
Q

Right to education was added in which amendment

A

86th amendment 2002

33
Q

Doctrine of Essential Religious Practices was made in which judgement

A

Shirur Mutt Case 1954

34
Q

National Integration Council

A

Setup 1962
Chairperson : PM
Objective = address problems of communalism and regionalism

It is an extraconstitutional body

35
Q

Does the constitution of India define minorities?

A

No

36
Q

Dr BR Ambedkar described Art 32 as?

A

The very soul of the constitution and the very heart of it.

37
Q

Art 33

A

Restrictions of FR on various analogous forces

38
Q

Art 34

A

Restriction of FR in martial law

39
Q

Art 34

A

Restriction of FR in martial law

40
Q

Art 35

A

Legislations of FR only by Parliament.

41
Q

IR Coelho Case 2007

A

Cases placed under the ninth schedule after Keshavananda Bharathi Case is open to judicial scrutiny.

42
Q

Romesh Thapar Vs State of Madras

A

Freedom of speech includes freedom to propagate ideas

43
Q

Role of Media

A

Civic Forum - Parliament of citizens
Watchdog
critical to democratic outcomes
agenda setter

44
Q

Issues of Media

A

Higher news publications
Violence against journalists
fake news
state gagging
paid news
concentration of media houses
Branding of social groups
Media trials

45
Q

Doctrine of Proportionality

A

The punishment given must be proportionate to the offence OR the restriction imposed should be proportionate to the goal to be achieved.

46
Q

Right to internet is a fundamental right - which judgement?

A

Faheema Shiri v. State of Kerala

Polity (11 decks)

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