Fundamental Rights

Question 1

Exception to Rule of law

Answer 1

Question 2

ARTICLE 15: Prohibition of discrimination

Answer 2

Question 3

ARTICLE 16: Equality of opportunity in public employment

Answer 3

Question 4

ARTICLE 17 & 18: Abolition of Untouchability and Titles

Answer 4

Question 5

ARTICLE 20 : Protection in respect of conviction for offences

Answer 5

Question 6

ARTICLE 19

Answer 6

Question 7

ARTICLE 22

Answer 7

Punitive Detention

Question 8

ARTICLE 23 and 24

Answer 8

Question 9

ARTICLE 25 and 28

Answer 9

Right to Freedom of Religion

Question 10

Cultural and Educational Rights

Answer 10

Question 11

ARTICLE 31-A, 31-B & 31-C

Answer 11

Question 12

ARTICLE 32

Answer 12

Question 13

Compare Article 226 and Article 32

Answer 13

Question 14

Right to Information

Answer 14

Question 15

Suspention of Fundamental rights

Answer 15

Question 16

Can Fundamental Rights be Amended

Answer 16

Whether fundamental rights are amendable is a matter of controversy.

In Golaknath case, 1967, Supreme Court questioned the validity of amendments to the Constitution by the parliament. It held the amendments to be invalid.

24th Amendment 1971, added word ‘Power’ to Article 368 and described speci cally the power of Parliament to amend the Constitution and laid down procedures.

This was challenged in Keshavanand Bharati case (1973) in which “Basic Structure” doctrine was established by the Supreme Court. Parliament had the power to amend the Constitution without harming its Basic structure. But as to what forms the basic structure is not clear.

42nd Amendment was passed by the parliament in 1976. It was called the “Mini Constitution”. It gave unlimited amending powers to the Parliament. The validity of this amendment was tested in Minerva Mills case, 1980. The basic structure of the Constitution has been pronounced by the Supreme Court.
• The Parliament is not authorized to limit the operation of Articles 14, 19 and 21 which form the part of basic structure of the Constitution.