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1 P. constitutional framework > 7 fundamental rights part 1 > Flashcards

7 fundamental rights part 1 Flashcards

1
Q

Which article provides for abolition of child labour in india?

A

24

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2
Q

Article to provide prohibition of human trafficking and forced labour?

A

23

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3
Q

Article any person can accept any religion from his conscience and promote it?

A

25

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4
Q

Fundamental rights are enshrined in what part of the Constitution

A

Part three from article 12 to 35

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5
Q

Fundamental rights of Indian constitution are derived from which country

A

Constitution of USA bill of rights

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6
Q

What part of the Constitution is described as Magna Carta of India

A

Part three of the Constitution

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7
Q

What is the nature of fundamental rights

A

Fundamental rights are justiciable in nature

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8
Q

Which set of rules put limitations on the tyranny of the executive and arbitrary laws of the legislature

A

Fundamental rights establish government of laws not of men

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9
Q

What are the six constitutional fundamental rights

A

Right to equality 14 to 18Right to freedom 19 to 22Right against exploitation 23 to 24Right to freedom of religion 25 to 28Cultural and educational rights 29 to 30Right to constitutional remedies 32Article 31 right to property is now a constitutional right

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10
Q

When was the right to property deleted from fundamental rights

A

44 amendment 1978 and was made a legal right under article 300a in part 12

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11
Q

Who decides the qualified nature of the fundamental rights and if the restrictions are reasonable

A

Courts

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12
Q

Who can amend the fundamental rights

A

Parliament by special majority

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13
Q

When can the fundamental rights be suspendedWhich articles cannot be

A

During the operation of a national emergency except for article 20 and 21

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14
Q

The six right guaranteed by article 19 can be suspended only when

A

When emergency is declared on the grounds of war or external aggression not on the grounds of internal emergency

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15
Q

Which articles limit the scope of fundamental rights

A

Article 31a 31 b and 31 c

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16
Q

By which article are the fundamental rights of military personnel and other government agencies are limited

A

Article 33

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17
Q

Fundamental rights restricted under the martial law is explained in which article

A

34

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18
Q

Which article suggest that laws related to fundamental rights can only be made by the parliament and not by state legislatures

A

Article 35

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19
Q

Under article 35 why are the fundamental rights related laws are bound by parliamentary action not state

A

To ensure uniformity throughout the country

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20
Q

Which article covers the ground of what constitute as a state for fundamental rights

A

Article 12

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21
Q

Which article declares at all the laws that are inconsistent with or in derogation of any of the fundamental rights shall be void

A

Artical 13

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22
Q

Who decides if the laws are consistent with fundamental rights or not

A

This power has been conferred to the supreme court under article 32 and high courts under article to 226

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23
Q

Article 13 declared at constitution amendment is not law and and cannot be challenged it was repealed by which landmark achievement

A

Keshavanand Bharati case 1973

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24
Q

Equality before law and equal protection of law which article

A

Article 14

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25
Q

Is article 14 limited to the citizens of India or for all

A

All person whether citizens or foreigners

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26
Q

What is the origin of the concept of equality before law

A

British origin

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27
Q

What is the origin of the concept of equal protection of laws

A

American constitution

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28
Q

According to supreme court where does the article 14 not apply

A

Where equals and unequals are treated differently article 14 does not apply

For example, the state can make different laws for disabled people, women and senior citizens, as they have different needs and vulnerabilities. The state can also have different policies for different regions, as long as it is not discriminatory in nature. However, the state should be careful that the classification is not arbitrary and is based on intelligible differentia and the differentiation has rational nexus with the objective sought to be achieved.

29
Q

Who gave the concept of equality before law

A

AV dicey the British jurist

30
Q

Why cannot the rule of law in article 14 be destroyed by an amendment

A

Supreme court held at the rule of law emodied in a article 14 is a basic feature of the constitution

31
Q

Which article under the part 3 of the constitution strips article 14 of its power when it comes in

A

The supreme court has held that when article 31C comes in article 14 goes out implementing the directive principles of state polity

32
Q

What are the ground against which article 15 protect a citizen from discrimination

A

Only of religion race cast sex or place of birth

33
Q

Which provision of article 15 prohibits state and private individuals from discriminating

A

Article 15 Prohibits discrimination in access to public places and use of public properties example roads Wells etc

34
Q

In which constitutional amendment act for the provision of OBC reservation in education institution was implemented

A

93 amendment of 2005

35
Q

When was the reservation for economically weaker sections in educationstitutions was implemented in constitution

A

103 amendment act of 2019

36
Q

Equality of opportunity in public employment article

A

Article 16

37
Q

Under article 16 no discrimination on the basis of

A

Only religion race cast sex decent place of birth or residenceDescent and residence were not in 15

38
Q

Article related to the BP mandal commission in 1979

A

Under article 340

39
Q

Which commission did morarji Desai government in 1979 appoint as the second backward classes commissionWhich was first

A

Mandal commissionFirst was kaka kalelkar commission 1955

40
Q

Commission related to OBC reservation

A

Mandal commission 1979

41
Q

Which committee was appointed to identify the creamy layer among the OBC

A

Ram Nandan committee

42
Q

By which amendment act was the National commission for backward classes established in 1993 was conferred a constitutional status

A

102 amendment of 2018

43
Q

Abolition of untouchability article

A

Article 17

44
Q

The untouchability offenses act 1955 was amended and renamed as and when

A

1976 renamed as protection of civil rights act 1955

45
Q

Article 17 is available against what extent of people

A

Everyone even against private individuals as the supreme court held

46
Q

Abolition of titles article

A

Article 18

47
Q

How can a foreigner holding any office of profit or trusted under the state accept the title from any foreign state related to artical 18

A

With the consent of the president

48
Q

In 1996 the supreme court of held the constitution validity of a few titles like

A

National awards like Bharat ratn vibhushan padmbhushan padmshri

49
Q

When were the national awards discontinued and when were they continued again

A

Discontinued by the Janata party government in 1977 revived in 1980 Indira Gandhi government

50
Q

Protection of 6 rights under article 19 what rights

A

SCRAMPSpeech and expressionTo form associations or unions are cooperative societiesResult and settle in any part or territory of IndiaAssembly without armsMove freely throughout the territory of IndiaPractice any profession or to carry on any occupation trade or business

51
Q

Six rights under article 19 protected against whom

A

Against only state action and not private individuals

52
Q

The two dimensions of freedom of movement1 right to move inside the country2 right to move out of the country and right to come back to the countryAbove two dimensions are covered in which articles

A

1 article 192 article 21

53
Q

Three provisions under the protection in respect of conviction for offences article 20

A

1 no ex post facto law2 no double jeopardy3 no self incrimination

54
Q

Protection and respect of conviction for offences article

A

Article 20

55
Q

Limitation on the first provision of article 20

A

It is imposed only on criminal laws and not on civil laws. Cannot be claimed in case of preventive detention

56
Q

Protection against double jeopardy article 20 is available against

A

Court of law education tribunal not against department or administrative authority as they are not judicial in nature

57
Q

Extension of the third provision of article 20

A

Protection against self incrimination extends only to criminal proceedings not civil process

58
Q

Protection of life and personal liberty article

A

Article 21

59
Q

No person shall be deprived of his life or personal liberty except what under article 21

A

Except according to procedure established by law

60
Q

Right under article 21 is available to

A

Both citizens and non citizens

61
Q

Which famous case took the narrow approach for article 21 and did not protect against the legislative arbitrary action and which landmark judgement corrected that

A

Gopalan case of 1950 and then a wider interpretation in menaka case of 1978

62
Q

Which landmark judgement has introduced the American expression due process of law

A

Menaka case of 1978

63
Q

Which expression in article 21 has the widest amplitude and covers the variety of rights at go to constitute the personal Liberty of a man

A

Expression of personal liberty in article 21

64
Q

Right to education article

A

Article 21a

65
Q

When was the provision of right to education was added

A

86 constitutional amendment act of 2002

66
Q

Before the amendment 86 2002 free and compulsory education for children was under which article

A

Part 4 article 45

67
Q

Which article provides education for children till the age of 6 and then the age of 6 to 14

A

Dpsp article 45 tell the age of 6 and article 21a from age 6 to 14 that is primary education

68
Q

for article 21a which act did the government enact

A

Right of children to free and compulsory education RTE act 2009

69
Q

Protection against arrest and detention article

A

Article 22

1 P. constitutional framework (11 decks)

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