rights

Question 1

what is a bill of rights?

Answer 1

it is a list of rights protected by the constitution.

Question 2

who demanded a bill of rights in India? when?

Answer 2

Motilal Nehru. 1928.

Question 3

How are ordinary rights different from fundamental rights?

Answer 3

ordinary rights are protected and enforced by law. whereas fundamental rights are protected by the constitution itself.

Question 4

6 fundamental rights.

Answer 4

1. right to equality
2. right to freedom
3. right against exploitation
4. right to freedom of religion
5. cultural and educational rights
6. right to constitutional remedies

Question 5

what is article 16(4)

Answer 5

Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

Question 6

the preamble mentions 2 things about equality. they are:

Answer 6

1. equality of opportunity
2. equality of status

Question 7

what is article 21?

Answer 7

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Question 8

What is preventive detention?

Answer 8

a person can be arrested out of an apprehension that they are likely to engage in unlawful activity and imprisoned.
detention can be extended to 3 months. then the person has to be presented before an advisory board.

Question 9

3 rights of an arrested person

Answer 9

1. right to know the grounds of arrest.
2. right to a lawyer.
3. right to be presented before the magistrate.

Question 10

3 rights of the accused.

Answer 10

1. no person shall be punished for the same crime more than once.
2. no law shall declare any action illegal from the backdate.
3. no person can be asked to give evidence against themselves.

Question 11

controversial aspect of freedom of religion

Answer 11

It includes the right to propagate ones religion. This includes persuading people to convert.

Question 12

what did BR Ambedkar call the right to constitutional remedies

Answer 12

he called it the heart and soul of the constitution.

Question 13

what is habeas corpus

Answer 13

court orders for an arrested person to be presented before it

Question 14

what is mandamus

Answer 14

an office holder is not doing his duty and is infringing an individuals rights

Question 15

what is prohibition

Answer 15

order to a lower court when it takes a case outside its jurisdiction

Question 16

quo warranto

Answer 16

a person holding officer isn’t entitled to hold that office

Question 17

certiorari

Answer 17

a court/ authority is ordered to hand over a case to the higher authority or court

Question 18

the NHRC is composed of _____

Answer 18

one former CJI, one former SC judges, one former HC CJ, 2 people with knowledge of human rights

Question 19

what are DPSP

Answer 19

they are guidelines incorporated in the constitution but they re not legally enforceable.

Question 20

what happened with the keshavananda bharti case

Answer 20

the right to property was removed from the list of fundamental rights.
SC said there are basic features of the constitution and can’t be changed by the parliament.