Fundamental Rights

Question 1

What does Article 14 of the Indian Constitution state?

Answer 1

Article 14 guarantees “Equality before law” and “Equal protection of the laws” within the territory of India, prohibiting discrimination.

Question 2

What are the two principles of equality under Article 14?

Answer 2

(1) Equality before the law (a negative concept), (2) Equal protection of the laws (a positive concept).

Question 3

What does Article 15 of the Indian Constitution prohibit?

Answer 3

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

Question 4

Can the State make special provisions for women and children under Article 15?

Answer 4

Yes, Article 15(3) allows the State to make special provisions for women and children.

Question 5

What does Article 16 provide for?

Answer 5

Article 16 provides equality of opportunity for all citizens in matters of public employment.

Question 6

Are there exceptions to Article 16 regarding reservations?

Answer 6

Yes, Article 16(4) allows for reservation in favor of any backward class of citizens that is not adequately represented in public employment.

Question 7

What does Article 17 of the Indian Constitution abolish?

Answer 7

Article 17 abolishes “Untouchability” and forbids its practice in any form.

Question 8

Is the practice of untouchability a punishable offense under Article 17?

Answer 8

Yes, enforcement of any disability arising out of untouchability is punishable by law.

Question 9

What is prohibited under Article 18?

Answer 9

Article 18 prohibits the State from conferring any titles except military and academic distinctions.

Question 10

Can Indian citizens accept titles from foreign states under Article 18?

Answer 10

No, Indian citizens cannot accept any title from a foreign state.

Question 11

What freedoms are guaranteed under Article 19?

Answer 11

Article 19 guarantees six freedoms: (1) Freedom of speech and expression, (2) Freedom to assemble peacefully, (3) Freedom to form associations, (4) Freedom to move freely throughout India, (5) Freedom to reside and settle in any part of India, (6) Freedom to practice any profession or carry out any occupation, trade, or business.

Question 12

Are there any reasonable restrictions on the freedoms under Article 19?

Answer 12

Yes, reasonable restrictions can be imposed for the interests of the sovereignty and integrity of India, public order, decency, morality, etc.

Question 13

What protections does Article 20 provide against conviction for offenses?

Answer 13

Article 20 provides three protections: (1) No ex post facto law, (2) No double jeopardy, (3) No self-incrimination.

Question 14

What does “No double jeopardy” mean under Article 20?

Answer 14

It means a person cannot be prosecuted and punished for the same offense more than once.

Question 15

What does Article 21 of the Indian Constitution guarantee?

Answer 15

Article 21 guarantees that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

Question 16

How has the Supreme Court expanded the scope of Article 21?

Answer 16

The Supreme Court has expanded Article 21 to include the right to privacy, the right to a clean environment, the right to health, and more.

Question 17

What does Article 21A provide for?

Answer 17

Article 21A guarantees the right to free and compulsory education to all children of the age of 6 to 14 years.

Question 18

When was Article 21A inserted into the Constitution?

Answer 18

Article 21A was inserted by the 86th Amendment Act, 2002.

Question 19

What protections does Article 22 provide to persons arrested or detained?

Answer 19

Article 22 provides rights such as being informed of 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 20

Does Article 22 apply to preventive detention?

Answer 20

Yes, but it also allows for preventive detention laws, setting maximum periods and procedures for such detention.

Question 21

What does Article 23 prohibit?

Answer 21

Article 23 prohibits traffic in human beings, begar (forced labor), and other similar forms of forced labor.

Question 22

Can the State impose compulsory service under Article 23?

Answer 22

Yes, provided it does not discriminate on grounds of religion, race, caste, or class.

Question 23

What is prohibited under Article 24?

Answer 23

Article 24 prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment.

Question 24

What does Article 25 guarantee?

Answer 24

Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion.

Question 25

Are there any restrictions on religious freedom under Article 25?

Answer 25

Yes, it is subject to public order, morality, health, and other fundamental rights.

Question 26

What does Article 26 provide for religious denominations?

Answer 26

Article 26 allows religious denominations to manage their own affairs in matters of religion, establish institutions, and own property.

Question 27

What does Article 27 prohibit?

Answer 27

Article 27 prohibits the State from compelling any person to pay taxes for the promotion or maintenance of any particular religion.

Question 28

What does Article 28 provide regarding religious instruction?

Answer 28

Article 28 prohibits religious instruction in wholly State-funded educational institutions.

Question 29

What does Article 29 guarantee?

Answer 29

Article 29 guarantees the protection of the interests of minorities, allowing them to conserve their language, script, or culture.

Question 30

What does Article 30 provide for minorities?

Answer 30

Article 30 gives minorities the right to establish and administer educational institutions of their choice.

Question 31

What did Article 31 pertain to before its repeal?

Answer 31

Article 31 dealt with the right to property, which was repealed by the 44th Amendment Act, 1978.

Question 32

What is the significance of Article 32?

Answer 32

Article 32 provides the right to move the Supreme Court for enforcement of fundamental rights, described by Dr. Ambedkar as the “heart and soul” of the Constitution.

Question 33

What writs can be issued under Article 32?

Answer 33

The Supreme Court can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto