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Polity > Fundamental rights > Flashcards

Fundamental rights Flashcards

1
Q

A 14

A

Equality before law and equal protection of law

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2
Q

A 15

A

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

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3
Q

A 16

A

Equality opportunity in mattes of public employment

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4
Q

A 17

A

Abolition of untouchability and prohibition of its practice

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5
Q

A 18

A

Abolition of titles except military and academic

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6
Q

A 19

A

Protection of six rights of freedom

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7
Q

What are the six rights of freedom in A 19

A

a) speech and expression
b) assembly
c) association
d) movement
e) residence
f) profession

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8
Q

A 20

A

Protection in respect to conviction for offences

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9
Q

A 21

A

Protection of life and personal liberty

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10
Q

A 21 A

A

Right to elementary education

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11
Q

A 22

A

Protection against arrest and detention in certain cases

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12
Q

A 23

A

Prohibition of traffic in human beings and forced labour

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13
Q

A 24

A

Prohibition of employment of children in factories, etc.

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14
Q

A 25

A

Freedom of conscience and free profession, practise and propagation of religion

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15
Q

A 26

A

Freedom to manage religious affairs

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16
Q

A 27

A

Freedom from payment of taxes or promotion of any religion

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17
Q

Article 28

A

Freedom from attending religious instruction or worship in certain educational institution

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18
Q

A 29

A

Protection of language and culture of minority

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19
Q

Article 30

A

Right of minority to establish and administer educational institution yeah

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20
Q

A 32

A

Right to move Supreme Court for the enforcement of fundamental rights including writs of habeas corpus mandamus, Prohibition, certiorari and Quo-warranto

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21
Q

Right to equality

A

Article 14 - 18

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22
Q

Right to freedom

A

Article 19 to 22

23
Q

Right against exploitation

A

Article 23 and 24

24
Q

Right to freedom of religion

A

Article 25 to 28

25
Q

Cultural and educational rights

A

Article 29 and 30

26
Q

Right to constitutional remedies

A

Article 32

27
Q

Features of fundamental rights

A

Justifiable, guaranteed by the Constitution to all the persons without any discrimination, uphold the equality of all individuals, promoting the idea of political democracy, protecting liberty and freedom of people against invasive state policies.

28
Q

Article 30 is related by which amendment?

A

44th amendment act 1978

29
Q

Right to property is a part of which article presently?

A

Article 300 A in part 7

30
Q

The term law and article 13 consists of ?

A

a) Permanent laws
b) temporary laws
c) statutory instruments
d) non-legislative sources of law such as custom or usage have the force of law

31
Q

The definition of state under article 12 consist of?

A

a) Government and Parliament of India
b) Government and legislature of state
c) all local authorities
d) all other authorities also private body or an agency working as an instrument of the state falls within the meaning of the state

32
Q

Which fundamental rights are available only to citizens and not to foreigners?

A

Article 15, article 16, article 19, article 29, article 30

33
Q

Which fundamental rights are available to both citizens and foreigners?

A

Article 14, article 20, article 21, article 21 A, article 22, article 23, article 24, article 25, article 26, article 27, article 28

34
Q

What was the verdict of to Keshava Nanda Bharathi case 1973 ?

A

Supreme Court held and Keshava Nanda Bharathi case that the constitutional amendment can be challenged on the grounds that it violates a fundamental right that forms a part of the basic structure of the Constitution and hence can be declared as void.

35
Q

Who propounded the rule of law

A

AV dicey

36
Q

What are the two elements of the rule of law that are applicable to the Indian society

A

Absence of Arbitary power and equality before the law

37
Q

Exceptions to article 14

A

Article 361, article 361 A, article 105, article 194, article 31- C, foreign souvenir, UN and its agencies

38
Q

What is article 361

A

President and Governor enjoy immunity is such as not answerable to any court for exercise and performance of their duties, no criminal proceedings, No civil proceedings, no process for the arrest of the President or the governor shall be issued from any code during his term of office

39
Q

What is article 361 A

A

No civil or criminal proceedings for publishing any report of Parliament or state legislature by any media

40
Q

What is article 105

A

No MP shall be liable to any proceedings or saying anything or voting on any issue in the Parliament or committee thereof

41
Q

What is article 194

A

Similar immunity for MLA in state legislature

42
Q

What is article 31 C

A

It provides that the laws made by the state for implementing the DPSP contained in class B and C of article 39 cannot be challenged on the grounds of violation of article 14

43
Q

What is the first provision of article 15

A

It provides that the state shall not discriminate against any citizen on the grounds only of religion, race, caste, sex or place of birth

44
Q

Against whom is the first profession of article 15 available

A

Against the state

45
Q

What is the second provision of article 15

A

No citizen shall be subjected to any disability, liability or restriction or condition on grounds only of religion race cast sex or place of birth with regards to a Axis to shop yeah public restaurant hotels places of public entertainment and B the use of Wales tanks bathing ghat roads places of public rest resort maintained wholly or partly by state funds or dedicated to the use of general public yeah

46
Q

Against whom is the second provision of article 15 available

A

Against state and private individuals

47
Q

What are the four exceptions to article 15

A
  1. State is permitted to make any special provision for socially and educationally backward classes of citizens or for schedule caste and schedule Tribes
  2. State is permitted
48
Q

Under which amendment is the reservation for OBC in educational institutions provided

A

93rd amendment act of 2005

49
Q

Under which amendment the reservation for EWS in education institutions provided

A

103 amendment act 2019

50
Q

From which constitution are the writs borrowed in the Indian constitution yeah

A

English law where they are mentioned that prerogative writs

51
Q

Who has the power to issue writs

A

Supreme Court under article 32 and High Court under article 226

52
Q

What is the writ Habeas corpus

A

It’s an order issued by the court to a person who has detained another person to produce the body of the latter before it

53
Q

What is the writ mandamus

A

It is a command issued by the court to public office asking him to perform his official duties that he has failed or refused to perform

54
Q

What are the constitutional right outside part three

A
  1. No tax shall be levied or collected except by the authority of law article 265 in Part 7.
  2. No person shall be deprived of his property Save by authority of law article 300A in part 7.
  3. Article 301 in part eight : Trade, commerce and intercourse throughout the territory of India shall be free

Polity (2 decks)

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