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Indian Polity > P3/12-35 Fundamental Rights Details > Flashcards

P3/12-35 Fundamental Rights Details Flashcards

1
Q

Article 15 under FRs contains PROHIBITION OF DISCRIMINATION on which 6 grounds?

A

religion, race, cast, sex, and place of birth

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2
Q

Art 18 of Indian Constitution, under FRs, is concerning abolition of which colonial practice? Excluding it’s application in Military and academic sphere.

A

Abolition of Titles:

  1. PROHIBITS STATES from conferring any title to any body EXCEPT MILITARY or ACADEMIC.
  2. PROHIBITS A CITIZEN OF INDIA from ACCEPTING ANY TITLE from any FOREIGN STATE without the CONSENT OF THE PRESIDENT.
  3. PROHIBITS A FOREIGNER HOLDING ANY OFFICE of profit/trust UNDER THE STATE from accepting any title from foreign state without PRESIDENTIAL CONSENT.
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3
Q

In which part and articles of Indian Constitution would you find Fundamental Rights?

A

Part 3 / Articles 12to 35

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4
Q

Enumerate, protection of six rights to freedom under Article 19. Out of which one FR concerning PROPERTY was REPEALED.

A

Right to:

  1. SPEECH and EXPRESSION
  2. ASSEMBLY
  3. ASSOCIATION
  4. MOVEMENT (Internal)
  5. RESIDENCE
  6. PROFESSION

Out of which ‘Right To Property’ (REPEALED & made into a Legal/Constitutional Right under Art 300A)

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5
Q

Article 20 talks about PROTECTION in respect of CONVICTION FOR OFFENCES, What does it mean?

A

Protection against ARBITRARY and EXCESSIVE PUNISHMENT.

No ex-post-facto law; No double jeopardy; No self-incrimination.

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6
Q

Right to : human dignity, decent environment, privacy, against handcuffing, women to be treated with decency and dignity, reputation etc comes under which article of FRs?

A

Article 21: Protection of Life and Personal Liberty.

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7
Q

Which article in FRs changed the subject matter of Art 45 in DPSP and added a new Fundamental Duty under Art 51A? Related to primary education.

A

Art 21A: Right to Elementary Education.

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8
Q

Article 22 protects Indian citizens against:

A

Arrest and detention in certain cases.

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9
Q

What is the exception for prohibition of human trafficking and forced labour under article 23 of FRs?

A

States can IMPOSE COMPULSORY SERVICE for public purposes e.g. MILITARY SERVICES or SOCIAL SERVICES WITHOUT PAY.

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10
Q

Article 27 frees which promotional activity from taxes?

A

Promotion of religion

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11
Q

FREEDOM OF CONSCIENCE and FREE PROFESSION, PRACTICE, and PROPAGATION of religion excludes which activity (subject to reasonable restrictions)?

A

Proselytising

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12
Q

With reference to Art 25 which three religions comes under the definition of ‘Hindu’?

A

Sikhism, Jainism, and Buddhism

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13
Q

Article 28 grants freedom of discretion about attending which activity in certain educational institutions?

A

Religious instructions or worship

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14
Q

Under Art 28: No religious instructions in any educational institutions wholly funded by state is result of which constitutional principle?

A

Secularism

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15
Q

With reference to Art 26, which of the following is NOT a religious denomination according to SC.

A

Aurobindo Society is NOT a religious denomination.

While Ramakrishna Mission and Ananda Marg are religious denomination of Hindu religion.

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16
Q

With reference to Art 26 and according to SC, which condition/s must an entity satisfy to be a religious denomination.

A
    1. It should be collection of INDIVIDUALS with SYSTEM OF BELIEFS regarded as conducive to their spiritual well being.
  2. Should’ve a COMMON ORGANISATION.
  3. Should’ve a DISTINCTIVE NAME.
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17
Q

What does the principle of ‘BASIC FEATURE’ with reference to any article in Indian Constitution entails?

A

That the given article CANNOT be ABRIDGED/ANNULLED even by Constitutional Amendment.

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18
Q

Which FR is a ‘Basic Feature’ in Indian Constitution?

A

Article 32: Right to Constitutional Remedies

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19
Q

Which court is ‘Defender and Guarantor’ of FRs?

A

Supreme Court

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20
Q

Which court can issue WRIT JURISDICTION with reference to FRs (under Art 32) only?

A

Supreme Court

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21
Q

Which are the WRITS courts can issue TO ENFORCE FRs, with reference to Art 32?

A

Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warrento

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22
Q

What does ‘habeas corpus’ literally means.

A

Show me the body

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23
Q

What does ‘mandamus’ literally means?

A

We command

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24
Q

What does ‘certiorari’ literally means?

A

To be certified/informed

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25
Q

What does ‘quo warrento’ literally means?

A

By what authority/warrant

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26
Q

FRs can be suspended during national emergency; except articles:

A

20 and 21

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27
Q

As per Art 33, FRs can be RESTRICTED during:

A

Martial Law

28
Q

Salient features of FRs include:

A
  1. Justiciable
  2. Not sacrosanct
  3. Can be suspended during national emergency
  4. Defended and guaranteed by SC
  5. Can be restricted during Martial Law
  6. Scope of operation limited by Art 31A/B/C
  7. Unequal application to armed forces: Art 33
  8. Most of them are directly enforceable by Art 35
  9. Against arbitrary action of state and private individual
  10. Negative and positive
29
Q

Art 13 can declare inconsistent laws with FRs:

A

Void

30
Q

The term ‘LAW’ with reference to Art 13 encompass:

A

Permanent Laws, Temporary Laws, Statutory Instruments, Non Legislative Sources of Law

31
Q

Art 33 allows parliament to RESTRICT/ABROGATE the FRs of the members of:

A

Paramilitary/police forces, Intelligence agencies or analogous forces

32
Q

Under Art 34, MARTIAL LAW affects:

A

Only Fundamental Rights, suspends governments and ordinary law courts, to restore breakdown of law and order, only specific areas of the country, HAS NO SPECIFIC PROVISION IN CONSTITUTION

33
Q

Which article in Indian constitution has detailed provisions related to NATIONAL EMERGENCY?

A

Art 352

34
Q

Under Art 352, NATIONAL EMERGENCY can be announced under which circumstances?

A

War, external aggression, armed rebellion

35
Q

Under Art 352, which of the following is true.

  1. AFFECTS NOT only FRs but CENTRE-STATE RELATIONS, distribution of REVENUES & LEGISLATIVE POWERS, may extend the TENURE OF PARLIAMENT
  2. Continues government and ordinary law courts
  3. Circumstances: war, external aggression, armed rebellion
  4. Encompass whole or part of the country
  5. Has specific and detailed provision in constitution
  6. All of the above
A
  1. All of the above
36
Q

State can impose REASONABLE RESTRICTIONS on FRs under which article?

A

Article 19

37
Q

FRs under articles 19 to 22 are PROTECTED AGAINST:

A

Only state action and NOT private individual

38
Q

FRs under articles 19-22 are mainly available to:

A

Only citizens (few to foreigners) and NOT TO LEGAL PERSONS

39
Q

With reference to WHICH CASE, RIGHT TO LIFE includes HUMAN DIGNITY and all the contingent aspects conducive to MANS MEANINGFUL LIFE?

A

Menaka Case 1978

40
Q

Protection of life and personal liberty can be deprived, provided procedure prescribed by that law is reasonable =

A

Due Process of Law

41
Q

Protection available under Art 21 is for:

  1. Arbitrary Executions
  2. Arbitrary Legislative Actions
  3. Both
  4. None of the above
A
  1. Both
42
Q

In 1996 SC upheld the validity of what NOT as TITLES with reference to Art 18?

A

National Awards

43
Q

With reference to Art 16, which Commission was set up to assess the socially/educationally backward classes in 1979 by Morarji Desai Govt?

A

2nd Backward Classes Commission / Mandal Aayog.

44
Q

In 1991, Narsimha Rao Govt. introduced which changes in OBC reservations?

  1. Economic/Creamy layer criteria
  2. 10% reservations for poorer sections of higher casts
  3. Both
  4. NOTA
A
  1. Both
45
Q

With reference to MANDAL CASE 1992, which of the following is true.
> REJECTED 10% reservations for the poorer section of HIGHER CASTES
1. EXCLUSION OF CREAMY LAYER IN OBC reservations
2. NO RESERVATIONS IN PROMOTIONS
3. The TOTAL RESERVED QUOTA should NOT EXCEED 50% (except in extraordinary situations)
4. ‘CARRY FORWARD RULE’ In case of unfilled vacancies is VALID (NOT to violate 50% rule)
5. Establish PERMANENT STATUTORY BODY for OBC reservations affairs
6. AOTA

A
  1. AOTA
46
Q

Which state in 1994 provided for 69% of reservations in state services?

A

Tamil Nadu

47
Q

‘Rule of Law’ implies:

  1. Absence of arbitrary power
  2. Equality before law
  3. Primacy of the rights of the individual
  4. AOTA
A
  1. AOTA
48
Q

FR of ‘Equality Before Law’ in Indian constitution is taken from:

A

UK

49
Q

FR of ‘Equal Protection of Laws’ in Indian constitution is taken from:

A

US constitution

50
Q

As an EXCEPTION to Art 14, who among the following has FULL IMMUNITY?

  1. President of India
  2. Governors of Indian States
  3. AOTA
  4. NOTA
A

AOTA

51
Q

What constitutes ‘LEGAL PERSON’?

  1. Corporations
  2. Companies
  3. Registered Societies
  4. AOTA
A

AOTA

52
Q

What is an exception to Art 23 (PROHIBITION of HUMAN TRAFFICKING and FORCED LABOUR)?

A

State can impose compulsory service for public purposes e.g. Military services or social services (without pay)

53
Q

Which WRIT is ssued by COURT TO ENQUIRE LEGALITY OF CLAIM of a person TO PUBLIC OFFICE (created by statute only)?

A

Quo warrento

54
Q

Which WRIT is issued by HIGHER COURT TO LOWER COURT/tribunal for EXCEEDING ITS JURISDICTION (directs inactivity)?

A

Prohibition

55
Q

Which WRIT is issued to a public authorities or private individuals who has unlawfully detained another person?

A

Habeas corpus

56
Q

Which WRIT is issued to a PUBLIC OFFICIAL/BODY to perform his/it’s OFFICIAL DUTIES which he/it has failed to perform?

A

Mandamus

57
Q

Certiorari is issued by higher court to lower court/tribunal to:

A

Transfer the case to higher court and squash the lower courts order in the case

58
Q

The courts of India have recognised ‘custom’ as law only if the custom is:

A
  1. Ancient or immemorial in origin
  2. Reasonable in nature and continuos in use
  3. Certain in extent and mode of operation
59
Q

Which FRs are ONLY available to citizens and NOT to foreigners?

A

Art : 15,16,19,29,30

60
Q

With references to Art 14, what does the concept of ‘equality before law’ connotes?

A
  1. NO special privileges to anyone
  2. Equal subjection of all persons to law of the land
  3. NO person is above law

Hence it’s a negative concept.

61
Q

With references to Art 14, what does the concept of ‘equal protection of laws’ connotes?

A
  1. Equal treatment under equal circumstances
  2. Similar application of same laws to all persons who’re similarly situated
  3. Like should be treated alike

Hence it’s a positive concept.

62
Q

While Art 14 forbids —- legislation, it permits reasonable —- of persons, objects, and transactions by the law.

A 
class
classification
63
Q

With reference to Art 14, explain the concept of ‘Rule of Law’ and how it’s applicable to Indian system.

A

Propounded by A V Dicey (British Jurist), has following 3 elements:

  1. Absence of arbitrary power, I.e. No man can be punished except for a breach of law.
  2. Equality before law, I.e. Equal subjection of all citizens to law of the land.
  3. Primacy of the rights of the individual, i.e. The constitution is the result of the rights of the individual as defined and enforced by the courts of law, rather than the constitution being source of the individual rights.

The 1st and 2nd elements are applicable to the Indian system and NOT THE 3rd one; as in the Indian system, constitution is the source of the individual rights.

SC held that the ‘Rule of Law’ as embodied in Art 14 is a ‘basic feature’ of the constitution, hence, it CANNOT be destroyed even by an amendment.

64
Q

What’re the ‘exceptions to equality’ with reference to Art 14?

A
  1. The President of India and the Governor of states enjoy certain immunities (Art 361)
  2. For publishing a substantially true report (through radio, TV, newspaper etc) no person will be liable to any criminal or civil proceedings.(Art 361A)
  3. NO MP shall be liable to any proceedings for anything said or any vote given by him in performing his duties. (A 105)
  4. NO MLA —-as above—- (A 194)
  5. Where Art 31C comes in, Art 14 goes out.
  6. Foreign sovereigns(rulers), ambassadors/diplomats enjoy immunity from criminal and civil proceedings.
  7. UN and its agencies enjoy diplomatic immunity.
65
Q

With reference to Art 16, what’re the exceptions to general rule of equality of opportunity in public employment?

A
  1. Parliament can prescribe RESIDENCE AS A CONDITION.
  2. State can provide RESERVATION.
  3. RELIGION as prerequisite to hold certain religious office.

Indian Polity (35 decks)

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