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
Article 27
Freedom as to pay taxes for promotion of any particular religion.
26
Article 28
Freedom from attending religious instruction
27
Article 29
Protection of interest of minorities
28
Article 30
Right of minorities to establish and administer educational institutions
29
Article 32
Remedies for enforcement of Fundamental Rights.
30
**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**
**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
What Fundamental Rights are available to both citizens and foreigners (except enemy aliens)?
Article 14 Article 20 Article 21 Article 21A Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28
32
What Fundamental Rights are available only to citizens of India?
Article 15 Article 16 Article 19 Article 29 Article 30
33
# Define: Punitive Detention
To punish a person for an offence committed **after** trial and conviction
34
# Define: Preventive Detention
To punish a person for an offence committed **without** a trial and conviction
35
Article 300-A in Part XII of the Constitution accomplished what?
The right to property was made a legal right under Article 300-A in Part XII of the Constitution
36
The term "State" under Article 12 includes the following groups:
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
86th constitutional amendment act
Added Article 21-A (Right to Education) to the Fundamental Rights