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Indian Polity > Fundamental Rights > Flashcards

Fundamental Rights Flashcards

1
Q

FRs - Which part of the constitution?

A

Part III

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2
Q

FRs - Article X to Article Y

A

Article - 12 to Article - 35

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3
Q

Right to Equality - Belongs to which Articles?

A

Article - 14 to Article - 18

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4
Q

Right to Freedom - Belongs to which articles?

A

Article - 19 to Article - 22

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5
Q

Right against Exploitation - Belongs to which articles?

A

Article - 23 to Article - 24

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6
Q

Right to Religion - Belongs to which articles?

A

Article - 25 to Article - 28

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7
Q

Right to Culture and Education

A

Article - 29 to Article - 30

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8
Q

Article - 31
(1) About
(2) Existing or Non - Existing
(3) Present Status

A

(1) Article - 31: Right to Property
(2) Non - Existing: Repealed in 1978 44th CAA
(3) Article - 300 A incorporates right to property at present

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9
Q

Right to Constitutional Remedies - Belongs to which articles?

A

Article - 32

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10
Q

Define Article - 12

A

Definition of State
* Govt and Parliament of India
* Govt and Legislature of states
* All local or other authorities within territory of India or under GOI

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11
Q

Define Article - 13

A

Any law which is inconsistent or derogatory with the FRs shall be declared as unconstitutional and void till such extent of violation

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12
Q

Define Article - 14

A

Equality Before Law
• State shall not deny to any person EBL (or) Equal Protection of Laws within the territory of India

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13
Q

Define Article - 15

A

The state shall not discriminate any citizen on the grounds only of religion, race, caste, sex, place of birth, or any of them

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14
Q

Define Article - 16

A

Equal opportunities in Public Employment

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15
Q

Define Article - 17

A

Remember: RAUT
Right Against Untouchability

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16
Q

Define Article - 18

A

Remember: RAT
Right to Abolition of Titles
• Titles such as King, Queen, etc.
• Education (Doctorate), Military (Commander) are exempted

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17
Q

Define Article - 19

A

Protection of Certain Rights such as
all citizens shall have the right to
(a) Freedom of Speech and Expression
(b) Freedom of Assembly
(c) Freedom of Association
(d) Freedom of Movement
(e) Freedom of Residence
(f) Freedom of Profession

18
Q

Define Article - 20

A

Protection in respect of conviction of offences
(1) No Ex-post-facto Law
No person shall be convicted except violated law applicable at the time of act and punishment should not be greater than the damage occurred under the law in force
(2) No double jeopardy
Shall not be punished more than once for the same offence
(3) No self incrimination
Cannot provide witness against himself/herself

19
Q

Define Article - 21

A

Protection of Life and Personal Liberty

20
Q

Define Article - 21(A)

A

Right to Education
State shall provide free and compulsory education for children of age 6 to 14

21
Q

Define Article - 22

A

Protection against arrest and detention in certain cases

22
Q

Define Article - 23

A

Right against human trafficking and forced labour

23
Q

Define Article - 24

A

Prohibition of employment of children in factories, etc.
Children below age 14 shall not be employed in (To be completed)

24
Q

Define Article - 25

A

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

25
Q

Define Article - 26

A

Freedom to manage religious affairs

26
Q

Define Article - 27

A

Tax payers’s money is not used to support or endorse any particular religion

27
Q

Define Article - 28

A

Freedom to attend religious instruction/worship in certain educational institutions

28
Q

Define Article - 29

A

Right to preserve language and culture of minorities

29
Q

Define Article - 30

A

Right to minorities to establish and administer educational institutions

30
Q

Define Article - 32

A

Right to Constitutional Remedies (Heart and Soul of the Constitution)

Habeas Corpus (Right to Arrested), Mandamus (Illegal public office), Prohibition (Lower court beyond its capacity of jurisdiction),
Quo Warranto (Unattended public office),
Certiorari (LC -> HC: Time constraint)

31
Q

Define Article - 33

A

Parliament can restrict FRs of members of Armed Forces, Para Military Forces, Police Forces, Intelligence Forces, and Analogous Services

32
Q

Define Article - 34

A

Parliament can curtail FRs during Martial (Military Rule) Law

33
Q

Define Article - 35

A

Parliament has exclusive power to make certain laws rather the state legislatures

34
Q

Which articles are enforceable against the state and individual?

A

A17, A23, and A24

35
Q

Which FRs are restricted (or) available during National Emergency?

A

Only A20 and A21 are available during an emergency. However, A19 is available if emergency is based on armed rebellion (internal emergency) rather war/external aggression (external emergency)

36
Q

Define Article - 31A

A

Protects agrarian reforms and estates acquisition laws

37
Q

Define Article - 31B

A

Limitation of JR of laws under schedule - IX

38
Q

Define Article - 31C

A

Prioritizes DPSPs over FRs

39
Q

Exceptions of A14 Equality Before Law

A
  1. A361: President/Governor (Not Answerable, No Criminal Proceedings, No process of Arrest, No Civil proceedings)
  2. A361A: Person who published substantially true reports on proceedings of either houses of Parliament (or) Legislature of a state
  3. A105: MP not subject to any proceedings in court with respect to anything said (or) any vote in the house
  4. A194: MLA/MLC not subject to any proceedings with respect to anything said (or) any vote in the house
  5. A31(C): Promotes DPSPs over FRs
40
Q

Parliament can amend FRs using?

A

Article 368

41
Q

Which of the articles are non - self enforceable in nature?

A

Remember: RAUT, RAT, RTEd, RAAE
A17; A18; A21 - A, A23, A24

Note: These are also known as Incomplete FRs

Indian Polity (22 decks)

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