Fundamental Rights Flashcards

1
Q

Under which article, the constitutional remedy by the way of an application directly to the supreme court, in case fundamental rights only?

A

Article 32

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

which article empowers High court to provide remedies for fundamental rights violations?

A

Article 226

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Which articles deal with Fundamental Rights?

A

Article 12 to 35 under Part III

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Which articles deal with the Right to Equality?

A

Article 14-18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Article 14 deals with?

A

Equality before the law and equal protection of the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which article prohibits discrimination on the ground of caste, gender, religion, race, etc?

A

Article 15

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Which articles ensures equal opportunity in matters of public employment?

A

Article 16

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Which articles abolish the practice of untouchability?

A

Article 17

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Article 18 deals with?

A

Abolition of Titles except military and academic.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which articles deal with the Right to Freedom?

A

Article 19-22

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Article 19 provides the right of?

A

Six rights
Freedom of
Freedom of Speech and Expression

Freedom of Assembly

Freedom of Association

Freedom of Movement

Freedom of Residence

Freedom of Trade & occupation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Which article ensures the protection in respect of conviction (accountability) of offense?

A

Article 20

Article 20 comes under the Right to Freedom guaranteed as fundamental rights in our constitution. The basic features of article 20 are :

Article 20 (1) : Protection from ex post facto legislation.
This basically means that the parliament cannot pass any legislation and give it any retrospective effect. It means that you can be arrested for a crime only if it is a crime today.
Let’s say there is an outrage against drinking cola. The government bows to the demands and bans drinking cola and says that anybody who has drunk cola in the past 3 months will be jailed. This clause of article 20 says that laws cannot be given retrospective effect. If today murder is not a crime but then a law is passed, you cannot be arrested for a murder you made earlier.
Article 20 (2) : Double jeopardy.
No person can be prosecuted for a crime more than once.
Article 20 (3) : No person can be forced to become a witness in his own case.
This article means that confessions which are made to the police or media is not admissible in a court of law. Only confessions made in front of the judiciary is held valid. This means the probability of police torturing people to make confessions will be less. Another byproduct of this clause is that it essentially rules out polygraph tests and lie detector tests as objects of proof.
We can observe that each clause of Article 20 is designed to protect the people against the excesses of the legislature, the judiciary and the executive respectively. These protections are available to both Indians and foreigners for criminal cases only and not for civil cases.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Protection of life and personal liberty comes under which article?

A

Article 21

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Which article was added by the 86th amendment 2002?

A

Article 21A, provides the right to elementary education

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Articles 22 deals with?

A

Protection against arrest and detention in certain cases

Article 22 is all about protection against arrest and detention in certain cases :-(1)No person is arrested shall be detained in custody without being informed,as soon as maybe of the grounds for such arrest nor shall we be denied the right of consult, and to be defended by ,a legal practitioner of his choice.

(2)every person who is arrested and detained in custody Shall be produced before the nearest magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which articles deal with Right against exploitation?

A

Article 23-24

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Traffic in human beings and forced labor is prohibited by which article?

A

Article 23

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Which article prohibits the employment of children in factories etc?

A

Article 24

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Which articles deal with the Right to Freedom of Religion?

A

Article 25-28

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Article 25 deals with?

A

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

21
Q

Article 26 deals with?

A

Freedom to manage religious affairs

gives every religious group a right to establish and maintain institutions for religious and charitable purposes, manage its affairs, properties as per the law.

22
Q

Article 27 deals with?

A

Freedom from payment of taxes for promotion of any religion

23
Q

Article 28 deals with?

A

Freedom from attending religious instructions or worship in certain educational institutions

24
Q

Which articles deal with cultural and educational rights?

A

Article 29-30

Protection of language, script, and culture of minorities (Article 29).

Right of minorities to establish and administer educational institutions (Article 30).

25
Q

The right to move to the Supreme Court for the enforcement of fundamental comes under which article?

A

Article 32

26
Q

Which fundamental right has been eliminated under article 31?

A

Right to property

It is now only a constitutional right under Article 300A

27
Q

By which amendment, article 31 Right to property was eliminated?

A

44th Amendment of 1978

28
Q

Which article makes all laws and administrative action which abridge Fundamental Rights ipso facto null and void?

A

Article 13

29
Q

Who comes under the exception of Article 14 (Equality before the law and equal protection of Law)

A

President and Governor.

They are not answerable to any court. No criminal or civil proceedings can be instituted against them while in office.

30
Q

which article states that no Indian can accept any title from a foreign state?

A

Article 18 (2)

31
Q

Which article tells that it will be duty of parent/guardian to provide opportunities for his child ward between age 6-12?

A

Article 51A(k)

32
Q

Under which article, the parliament has the power to modify the fundamental rights of Armed Forces, Police forces, etc.

A

Article 33

33
Q

Who has the power to modify fundamental rights?

a) Only Parliament
b) State Legislatures
c) Only State Legislatures
d) Both Parliament and State Legislatures

A

A) Only Parliament

34
Q

Under which article parliament can modify the fundamental rights of civil servants?

A

Article 309

35
Q

Which part of the constitution deals with Fundamental rights

A

Part III

36
Q

Which articles empower parliament to makes laws to give effect to provisions of part III?

A

Article 35

37
Q

What does article 358 say regarding the fundamental right to freedom of Expression (article 19)?

A

It provides that when the proclamation of Emergency is made under article 352, the freedoms guaranteed by article 19 would automatically be suspended and would remain suspended till the period of emergency.

38
Q

Which article empowers President to suspend the right to move any court for enforcement of fundamental right during an emergency?

A

Article 359

39
Q

Article 359 cannot suspend fundamental rights under Article 20 and 21 by any order. This was established by which amendment?

A

44th constitutional amendment of 1978

40
Q

Origin of Fundamental Rights in the constitution of India can be tracked to _which session of___ India National Congress

A

Karachi Session

41
Q

Which fundamental rights are only available to citizens?

A

article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 16 – Equality of opportunity in matters of public employment.

Article 19 – Protection of six rights related to freedom – (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business.

Article 29 – Protection of language, script, and culture of minorities.

Article 30 – Right of minorities to establish and administer educational institutions.

42
Q

Under which article minorities have the right to establish and administer the educational institution of their choice?

A

Article 30 (1)

43
Q

Who has recommended adding fundamental duties in the constitution?

A

Swaran Singh Committee, in 1976 by 42nd Amendment

44
Q

Which of the following is not covered under Article 20?

a) Ex post facto laws
b) Preventive Detention
c) Double Jeopard
d) Self-Incrimination

A

Preventive Detention

45
Q

Can an executive action taken during the national emergency in violation of Article 19 be challenged?

A

No, it can’t be challenged at all

46
Q

The right of the Press are covered under which Article (implicitly)?

A

Article 19

47
Q

The concept of the right to die originates from

A

Article 21

gives the right to life, personal liberty and the right to die with dignity (passive euthanasia).

48
Q

What is the difference between Article 358 and 359?

A

Article 358 suspends Fundamental Rights under Article 19 for the entire duration of Emergency

while Article 359 suspends the enforcement of Fundamental Rights for a period specified by the president which may either be the entire duration of Emergency or a shorter period. or a part of it.