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Indian Constitution > Fundamental Rights > Flashcards

Fundamental Rights Flashcards

1
Q

Which part of the Constitution enshrines fundamental rights?

A

Part III

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2
Q

Articles relating to fundamental rights

A

Article 12 to 35

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3
Q

Fundamental rights promote the ideal of

A

political democracy

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4
Q

Name the six fundamental rights

A
  1. Right to equality Article 14 to 18
  2. Right to Freedom Article 19-22
  3. Right against exploitation Article 23-24
  4. Right to freedom of religion Article 25-28
  5. Cultural and educational rights (Article 29, 30)
  6. Right to constitutional remedies Article 32
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5
Q

Define Article 12

A

Definition of State

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6
Q

According to Article 12, the ‘state’ includes:

A
  1. Govt and Parliament of India
  2. Govt and legislature of each state
  3. all local authorities ( Municipalities, panchayat, district boards etc.)
  4. Other authorities including statutory and non statutory bodies
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7
Q

Define Article 13

A

Laws that are inconsistent with or in derogation of fundamental rights shall be void

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8
Q

Article 13 provides for

A

Doctrine of judicial review

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9
Q

The power for judicial has been conferred upon:

A

Supreme Court by Article 32

and High Court by Article 226

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10
Q

According to Article 13, constitutional amendment is

A

not a law and hence cannot be challenged in the court

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11
Q

Amendment relating Article 13

A

24th CAA of 1971

Constitutional amendment is not a law

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12
Q

Keshavananda Bharti Case of 1973 on Article 13

A

Constitutional amendment can be challenged if it violates a fundamental right that forms a part of the basic structure.

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13
Q

Article 14:

A

The State shall not deny any person ‘equality before laws’ or ‘equal protection of laws’ within the territory of India.

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14
Q

Equality Before Law features:

A
  1. British concept
  2. Formal equality
  3. denotes absence of any special privilege
  4. no person is above law
  5. negative concept
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15
Q

Equal Protection of Law features:

A
  1. American concept
  2. Egalitarian equality
  3. equal treatment under equal circumstances
  4. like should be treated alike
  5. positive concept
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16
Q

Concept of ‘Rule of Law’ propounded by

A

A V Dicey

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17
Q

3 aspects of ‘Rule of Law’

A
  1. Absence of arbitrary power
  2. Equality before law
  3. Constitution is the result of rights of individuals
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18
Q

‘Rule of Law’ identified as a basic feature in which case?

A

State of UP vs Raj Narain Case 1975

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19
Q

Article 15 prohibits discrimination by the State on grounds of

A
  1. Religion
  2. race
  3. caste
  4. sex
  5. Place of birth.
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20
Q

Article 15 is applicable to

A

Citizens of India

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21
Q

Article 14 is applicable to

A

Any person ( including legal persons ie statutory corporations, companies etc.)

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22
Q

Article 15(2) prohibits discrimination by

A

State and private individuals

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23
Q

Exceptions for Article 15

A

States can make special provisions regarding:

  1. Women and Children
  2. for advancement of socially and educationally backward classes of citizens or for SC/ST or economically weaker sections
  3. reservation for socially and educationally backward classes or SC/STs or economically weaker sections in educational institutions except minority educational institutions
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24
Q

1st Constitutional Amendment Act of 1951 amended Article 15

A

to make special provisions for the advancement of socially and educationally backward classes of citizens or SC/ST

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25
Q

93rd Constitutional Amendment Act of 2005 amended Article 15

A

to make reservation in educational institutions for socially and educationally backward classes or SC/ST

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26
Q

Reservation in Educational institutions was enacted by

A

Central Educational Institutions (Reservation in Admission) Act of 2006

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27
Q

103rd Constitutional Amendment Act of 2019 amended Article 15 to

A

Make special provisions for advancement of Economically Weaker sections of citizens and their reservation in educational institutions.

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28
Q

Amendments relating to Article 15

A
  1. 1st CAA of 1951
  2. 93rd CAA of 2005
  3. 103rd CAA of 2019
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29
Q

Article 16 provides for

A

Equality of opportunity for all citizens in matters of public employment.

30
Q

Article 16 prohibits ineligibility and discrimination in public employment on grounds of

A
  1. Relegion
  2. Race
  3. Caste
  4. Sex
  5. Descent
  6. Place of birth
  7. Place of residence
31
Q

Residence can be made as a criteria for employment in a state or UT or local/other authority by

A

a law passed by the Parliament

32
Q

Exceptions for Article 16:

A
  1. Parliament can prescribe residence as criteria for certain employments in a state/UT/local authority.
  2. provision for job reservation in favour of backward class of citizens who are inadequately represented
  3. A maximum of 10% reservation for EWS citizens
  4. An office related to religious affairs or denominational institutions can make reservation in jobs for members of that religion or denomination by law.
33
Q

Amendments relating to Article 16:

A 
7th CAA of 1956,
77the CAA of 1995
81st CAA of 2000
85th CAA of 2001
103rd CAA of 2019
34
Q

Mandal Commission was appointed in

A

1979

35
Q

Mandal Commission is also known as

A

Second Backward Classes Commission

36
Q

Mandal Case is also known as

A

Indira Sawhney vs Union of India Case 1993

37
Q

Mandal Case ruling led to appointment of which Committee

A

Ram Nandan Committee

38
Q

Objective of Ram Nandan Committee

A

To identify the creamy layer among the OBCs.

39
Q

Article 17:

A

Abolition of untouchability

40
Q

Act implementing Article 17

A

Protection of Civil Rights Act, 1955

41
Q

Article 18:

A

Abolition of titles.

42
Q

Article 16 is applicable to

A

only Citizens of India

43
Q

Article 19:

A

All citizens will have the rights:

  1. to freedom of speech and expression
  2. to assemble peaceably and without arms
  3. to form associations/unions/cooperative societies
  4. to move freely throughout territory of India
  5. to reside and settle in any part
  6. to practice any profession, carry on occupation, trade or business
44
Q

Article 19 is applicable to

A

only Citizens

45
Q

Right to property was deleted from Article 19 by

A

44th CAA, 1978

46
Q

Reasonable restrictions can be imposed on Right to freedom of Speech on grounds of

A
  1. Sovereignty and integrity of India
  2. Security of the State
  3. Friendly relations with foreign States
  4. Public order
  5. Decency
  6. Morality
  7. Contempt of court
  8. Defamation
  9. Incitement to an offence
47
Q

State can impose reasonable restrictions on Right to Assembly on grounds of

A
  1. Sovereignty and integrity of India
  2. Public order
48
Q

Section 144 CrPC of 1973

A

Power of a magistrate to issue order against an individual or general assembly to restrain from certain actions. ***

49
Q

Section 144 IPC

A

Unlawful Assembly ***

50
Q

State can impose reasonable restrictions on right to form associations on ground of:

A
  1. Sovereignty and integrity of India
  2. Public order
  3. Morality
51
Q

Right to freedom of movement can be restricted on ground of

A
  1. Interest of general public
  2. protection of interest of any scheduled tribe
    The Court held that Freedom of movement of prostitutes and persons affected by AIDS can be restricted on grounds of public health and in interest of public morals.
52
Q

Freedom of movement under Article 19 protects

A

Right to move inside the country.

53
Q

Right to reside and settle can be restricted on grounds of

A
  1. Interest of general public

2. Protection of interests of any scheduled tribes

54
Q

Restriction on Right to freedom of profession include:

A
  1. Interest of general public
  2. State can prescribe professional or technical qualifications for practising a profession
  3. State can carry on itself certain trade, business, industry or service.
  4. Right does not include right to conduct immoral or dangerous businesses
55
Q

Article 20:

A

Protection in Respect of conviction for offences

56
Q

Provisions according to Article 20

A
  1. No ex-post-facto law
  2. No double jeopardy
  3. No self incrimination
57
Q

Explain ‘no ex-post-facto law’

A

Penalties for criminal laws cannot be imposed retrospectively. This is not applicable for civil and tax laws. Protection cannot be claimed against preventive detention.

58
Q

Explain ‘no double jeopardy’

A

No person shall be prosecuted for the same offence more than once. This is available only for proceedings before a court.

59
Q

Explain ‘no self incrimination’

A

Convicted person cannot be compelled to be a witness against himself. This extends for both oral and documentary evidence. This only extends for criminal proceedings.

60
Q

Protection against self incrimination does not extend to :

A
  1. Compulsory production of material objects
  2. Compulsion to give thumb impressions, signature, blood specimen
  3. Compulsory exhibition of body
61
Q

Define Article 21

A

No person shall be deprived of his life or personal liberty except according to procedure established by law.

62
Q

Article 21 is available to

A

Citizens and non citizens

63
Q

Article 19 is available to

A

only Citizens of India

64
Q

SC judgement on AK Gopalan Case of 1950

A

Protection under Article 21 is available only against arbitrary executive action and not against arbitrary legislative action. State can deprive protection under Article 21 based on a law.

65
Q

SC Judgement of Menaka Gandhi Case of 1978

A

SC overruled judgement on AKG Case of 1950.
The law depriving right to life and personal liberty should be reasonable, fair and just. Article 21 is available against arbitrary executive action and legislative action.

66
Q

Menaka Gandhi Case of 1978 introduced the concept of

A

Due Process of Law

67
Q

Right to travel abroad is a fundamental right under

A

Article 21

68
Q

Define Article 21A

A

The State shall provide free and compulsory education for all children of the age of 6 to 14 years.

69
Q

Article 21A was introduced by

A

86th CAA of 2002

70
Q

Amendments associated with 86th CAA of 2002

A
  1. Introduced Article 21A
  2. Amended Article 45 : childhood care and free education for children below 6 years of age
  3. Introduced Article 51A(k) : Fundamental duty of parents/guardian to ensure free and compulsory education of children of age 6 to 14 years
71
Q

Mohini Jain vs State of Karnataka 1992 is associated with

A

Recognition of right to education as a fundamental right under Article 21

72
Q

Act associated with Article 21A

A

Right to Free and Compulsory Education Act (RTE), 2009

Indian Constitution (9 decks)

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