Fundamental Rights

1. What does Article 16 states?

“Equality of opportunity in public employment, some post reserved for resident of state”. Reservation and promotion of SC and ST is in Article 16

2. What does constitution says about abolition of titles?

Article 18 states abolition of titles. So our country cannot give title to citizen or foreigners. Citizen cannot take title from foreign state. Citizen or foreigners cannot accept present, emoluments or office from foreign without consent of president.

3. Which article is said by Ambedkar as the “heart and soul of constitution”?

Article 32

4. What does Article 33 and 34 states?

Under Article 33 parliament can modify fundamental rights for armed forces, police, and intelligence for discharging their duties. Restriction on rights when martial law is in force is in Article 34.

5. Which Article states “State cannot make laws to curb rights. Amendment is not law and cannot be challenged”?

Article 13

6. Which category of fundamental right incorporate "abolition of untouchability"?

The right to equality

7. Which Article states “state can’t discriminate anyone against religion, caste, sex, birthplace except women and children, SC, ST, socially or educationally backward classes”?

Article 15

8. Fundamental rights are placed in which Article?

Fundamental rights are placed in Article 12 to 35 of Part 3.

9. How are fundamental rights different from legal rights?

The legal rights are protected and enforced by ordinary law, but fundamental right is protected and guaranteed by the constitution

10. The state may deny fundamental rights to which class of people?

Armed forces, paramilitary, police etc. in the interest of national integrity

11. President has the power to suspend all the rights except which two?

Rights in articles 20 and 21

12. Under which condition does Article 19 remains suspended?

When there is declaration of emergency under article 352 due to war or external aggression. Note that president can suspend other rights also during national emergency.

13. Which fundamental right was placed in different place in constitution?

Right to acquire, hold and dispose property (art deleted by 44th amendment 1978 and made legal right under 300A in part 12.

14. Right to equality is mentioned in which articles?

Articles 14 to 18

15. Equality before law to citizen and foreigners is in which article?

Article 14

16. Abolition of Untouchability (term is not defined in constitution) is in which article?

Article 17

17. Which Article mentions Free and compulsory education to all children of age 6 to 14yrs (elementary education)?

Article 21a

18. What do you mean by preventive detention? What is preventive detention law?

Preventive detention means detention of person without trial. The law is detention cannot exceed 3months.

19. Trafficking of human beings and forced labor is banned in which article?

Article 23

20. Which Article states children below 14yrs cannot be employed except in innocent and harmless work?

Article 24. This Article comes from the child labor prohibition and regulation act 1986

21. What is mentioned in Article 29 to 30?

Cultural and educational rights are mentioned in Article 29 to 30.

22. What is mentioned in Article 29?

Article 29 protects the interest of minorities.

23. Which Article states Minorities can establish educational institutions?

Article 30

24. What do you know about Right to constitutional remedies?

Article 32 contains right to constitutional remedies. Supreme Court said this as a basic feature and cannot be taken away even by amendment.

25. Constitution does not clearly provide for the freedom of press but in which article is this freedom implicit?

Article 19(1)(a)

26. Fundamental Rights is in which Articles?

Article 14 to 32

27. Right to Equality is in which Articles?

Article 14 to 18

28. Right to Freedom is in which Articles?

Article 19 to 22

29. Right against Exploitation is in which Articles?

Article 23 to 24

30. Right to Freedom of Religion is in which Articles?

Article 25 to 28

31. Cultural and Educational Rights is in which Articles?

Article 29 to 30

32. Right to Constitutional Remedies is in which Articles?

Article 32

33. What are the different fundamental rights?

Fundamental rights were originally seven now six. They are:

1. a) Right to Equality
2. b) Right to Freedom
3. c) Right against Exploitation
4. d) Right to Freedom of Religion
5. e) Cultural and Educational Rights
6. f) Right to Constitutional Remedies

The right to property has been deleted by 44th amendment 1978.

34. What are the two categories of fundamental rights?

They are of two categories:

-  Rights which are provided only to the citizens of India

-  Rights which are for all other person including foreigners.

Rights granted under articles 15, 16, 19, 29, 30 are available to citizens only while other rights are available for all other persons.

35. What are the six freedom rights?

Article 19 states six freedom rights. They are:

- Freedom of speech and expression

- Assemble peacefully without arms

- Form association

- Move freely throughout India

- Reside and settle in any part of India

- Practice any profession or trade

36. What does Article 20 states regarding criminals and convicts?

Article 20 states three important things:

- No ex post facto law, which means that convict cannot be subjected to penalty greater than law

- No double jeopardy, which means that no punishment for same offence more than once

- No self incrimination, which means that one cannot be forced to witness against himself

37. What does Article 22 state regarding arrest and detention of convicts?

The following points illustrate this:

-  Article 22 contains laws regarding protection against arrest and detention.

-  Arrest should be done after informing why.

-  Convict have the power to consult a lawyer of his choice.

-  He is to be produced before court within 24hrs of arrest excluding time necessary for journey

-  This law is not for enemy alien or arrested under preventive detention

38. What is Constitutional overview regarding religion?

Right to freedom of religion is mentioned in Article 25 to 28:

- Freely practice any religion (Article 25)

- Maintain institution for religion, manage own affairs for religion, acquire and administer religious property (Article 26)

- No tax for any particular religion (Article 27)

- May or may not attend religious institutions and government schools cannot give religious instructions (Article 28)