Indian Polity: Fundamental Rights Flashcards

1
Q

Which articles deal with Fundamental Rights?

A

Articles 12 to 35

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2
Q

What are the 6 Fundamental Rights?

A
  1. Right to Equity
  2. Right to Freedom
  3. Right against Exploitation
  4. Right to Freedom of Religion
  5. Cultural and Educational Rights
  6. Right to Constitutional Remedies
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3
Q

The Fundamental Right to property was removed by which Amendment

A

The 44th Amendment Act of 1978

As a result, there are now only 6 Fundamental Rights.

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4
Q

Define:

Writ Jurisdiction

A

A legal order given by a court of law to enforce he rights of people

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5
Q

The 5 writs are?

A
  1. Habeus Corpus
  2. Mandamus
  3. Prohibition
  4. Certiorari
  5. Quo-warranto
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6
Q

Habeas Corpus

A

To direct the release of a person detained unlawfully.

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7
Q

Mandamus

A

To direct a public authority to do its duty.

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8
Q

Quo Warranto

A

To direct a person to vacate an office assumed wrongfully.

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9
Q

Prohibition

A

To prohibit a lower court from proceeding on a case.

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10
Q

Certiorari

A

Power of the higher court to remove a proceeding from a lower court and bring it before itself.

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11
Q

5 features of the Fundamental Rights

A
  1. Protected by the Constitution
  2. Not sacrosanct, permanent, or absolute
  3. Rights are justiciable
  4. Suspension of Rights can be done during a National emergency
  5. There could be restriction of laws if martial law is in force
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12
Q

Article 14

A

Equality before Law

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13
Q

Article 15

A

Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.

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14
Q

Article 16

A

Equality of opportunity in matters of public employment.

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15
Q

Article 17

A

Abolition of the untouchability.

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16
Q

Article 18

A

Abolition of titles

17
Q

Article 19

A

Guarantees to all the citizens the six rights

  1. Right to freedom of speech and expression.
  2. Right to assemble peacefully and without arms.
  3. Right to form associations or unions.
  4. Right to move freely throughout the territory of India.
  5. Right to reside and settle in any part of the territory of India.
  6. Right to practice any profession or to carry on any occupation, trade, and business.
18
Q

Article 20

A

Protection in respect of conviction for offences

19
Q

Article 21

Article 21A

A

Article 21= Protection of life and personal liberty

Article 21A= The state shall provide free and compulsory education to all children from age 6 to 14

20
Q

Article 22

A

Protection against arrest and detention in certain cases.

21
Q

Article 23

A

Prohibition of traffic in human beings and forced labour

22
Q

Article 24

A

Prohibition of employment of children in factories and mines under age of 14

23
Q

Article 25

A

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

24
Q

Article 26

A

Freedom to manage religious affairs.

25
Q

Article 27

A

Freedom as to pay taxes for promotion of any particular religion.

26
Q

Article 28

A

Freedom from attending religious instruction

27
Q

Article 29

A

Protection of interest of minorities

28
Q

Article 30

A

Right of minorities to establish and administer educational institutions

29
Q

Article 32

A

Remedies for enforcement of Fundamental Rights.

30
Q

The Constitution of India provides for six Fundamental Rights

Name the right associated with each article.

Articles

  1. 14 to 18
  2. 19 to 22
  3. 23 to 24
  4. 25 to 28
  5. 29 to 30
  6. 32
A

The Constitution of India provides for six Fundamental Rights

Name the right associated with each article.

Articles

14 to 18

Right to Equality

19 to 22

Right to Freedom

23 to 24

Right against Exploitation

25 to 28

Right to Freedom of Religion

29 to 30

Cultural and Educational Rights

32

Right to Constitutional Remedies

31
Q

What Fundamental Rights are available to both citizens and foreigners (except enemy aliens)?

A

Article 14

Article 20

Article 21

Article 21A

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

32
Q

What Fundamental Rights are available only to citizens of India?

A

Article 15

Article 16

Article 19

Article 29

Article 30

33
Q

Define:

Punitive Detention

A

To punish a person for an offence committed after trial and conviction

34
Q

Define:

Preventive Detention

A

To punish a person for an offence committed without a trial and conviction

35
Q

Article 300-A in Part XII of the Constitution accomplished what?

A

The right to property was made a legal right under Article 300-A in Part XII of the Constitution

36
Q

The term “State” under Article 12 includes the following groups:

A
  1. Executive and legislative organs of the Union government
  2. Executive and legislative organs of the State Government
  3. All local authorities (municipalities, panchayats, district boards, improvement trusts)
  4. Statutory and Non-Statutory Authorities
37
Q

86th constitutional amendment act

A

Added Article 21-A (Right to Education) to the Fundamental Rights