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fundamental rights Flashcards

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1
Q

What are Fundamental Rights?

A

Fundamental Rights are guaranteed and protected by the Constitution, essential for the all-round development of individuals

They encompass material, intellectual, moral, and spiritual development.

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2
Q

Are Fundamental Rights absolute or qualified?

A

Qualified

They can be subject to reasonable restrictions imposed by the state.

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3
Q

What is the role of the courts regarding Fundamental Rights?

A

To decide whether restrictions on them are reasonable or not.

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4
Q

What do Fundamental Rights aim to prevent?

A

The establishment of an authoritarian regime and arbitrary laws of the legislature.

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5
Q

Who do Fundamental Rights apply to?

A

All persons, including citizens, foreigners, and legal persons like corporations.

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6
Q

How many Fundamental Rights are currently recognized in the Constitution?

A

Six

Originally, there were seven, but the right to property was removed by the 44th Amendment Act, 1978.

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7
Q

List the six Fundamental Rights currently recognized.

A
  • Right to equality (Articles 14-18)
  • Right to freedom (Articles 19-22)
  • Right against exploitation (Articles 23-24)
  • Right to freedom of religion (Articles 25-28)
  • Cultural and educational rights (Articles 29-30)
  • Right to constitutional remedies (Article 32)
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8
Q

What inspired the framers of the Constitution regarding Fundamental Rights?

A

The Bill of Rights from the Constitution of the USA.

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9
Q

What is the significance of Part III of the Constitution?

A

It contains a long and comprehensive list of justiciable Fundamental Rights, often referred to as the ‘Magna Carta of India.’

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10
Q

True or False: Fundamental Rights are designed to protect the liberties and freedoms of the people.

A

True

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11
Q

Fill in the blank: The right to property was deleted from the list of Fundamental Rights by the _______.

A

[44th Amendment Act, 1978]

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12
Q
A
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13
Q

What does Article 31C relate to?

A

Saving of laws giving effect to certain directive principles

Includes validation of certain acts and regulations.

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14
Q

What is the focus of Article 31B?

A

Saving of laws providing for the acquisition of estates

Includes laws listed in the 9th Schedule.

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15
Q

Under what circumstances can Article 19 be suspended?

A

During a national emergency declared on the grounds of internal emergency

Does not apply during external aggression.

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16
Q

Which fundamental rights cannot be suspended during a national emergency?

A

Rights guaranteed by Articles 20 and 21

These rights remain protected even in emergencies.

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17
Q

What is the definition of ‘State’ according to Article 12?

A

Includes the Government and Parliament of India, executive and legislative organs of the Union government, and local authorities

The term is defined broadly for the purposes of Part III.

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18
Q

True or False: Fundamental rights are considered permanent and sacrosanct.

A

False

They can be curtailed or repealed by constitutional amendment.

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19
Q

What is the nature of some fundamental rights?

A

Some are negative in character, while others are positive

Negative rights limit state authority; positive rights confer privileges.

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20
Q

Fill in the blank: Fundamental rights are _______ and allow individuals to move the courts for enforcement.

A

justiciable

They can be enforced against arbitrary action of the state.

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21
Q

What does martial law refer to?

A

Military rule imposed in an area

It is different from normal law and is used to restore order.

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22
Q

What is required for a law to be enforced based on fundamental rights?

A

Such a law can be made by Parliament

Some rights are self-executory while others require legislative action.

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23
Q

What is the significance of Article 33?

Study These Flashcards
A

Allows the Parliament to restrict the application of fundamental rights for the armed forces

This includes intelligence and police agencies.

24
Q

What does Article 34 pertain to?

Study These Flashcards
A

Restrictions on the application of fundamental rights during a national emergency

It addresses the suspension of rights in extreme circumstances.

25
What does Article 13 declare regarding laws inconsistent with fundamental rights?
All laws that are inconsistent with or in derogation of any of the fundamental rights shall be void ## Footnote This provision establishes the doctrine of judicial review.
26
Which courts have the power to declare a law unconstitutional according to Article 13?
Supreme Court (Article 32) and high courts (Article 226) ## Footnote They can declare laws invalid on the grounds of contravention of Fundamental Rights.
27
What is included in the term 'law' as defined in Article 13?
* Permanent laws enacted by Parliament or state legislatures * Temporary laws like ordinances * Statutory instruments (executive legislation) * Non-legislative sources of law (custom or usage) ## Footnote Any of these can be challenged in court for violating Fundamental Rights.
28
Can a constitutional amendment be challenged as a law under Article 13?
No, a constitutional amendment is not considered a law and hence cannot be challenged ## Footnote However, the Supreme Court in the Kesavananda Bharati case (1973) held that certain amendments can be subject to judicial review.
29
What is the first category of Fundamental Rights?
Right to equality (Articles 14-18) ## Footnote This includes equality before the law and equal protection of laws.
30
List the rights protected under the Right to freedom (Articles 19-22).
* Freedom of speech and expression * Freedom of assembly * Freedom of association * Freedom of movement * Freedom of residence * Freedom of profession ## Footnote Article 19 covers these six rights.
31
What does Article 23 prohibit?
Traffic in human beings and forced labour ## Footnote This is part of the Right against exploitation.
32
Fill in the blank: Article 25 provides for the right to _______.
[freedom of conscience and free profession, practice and propagation of religion] ## Footnote This is part of the Right to freedom of religion.
33
What rights are protected under Article 29?
* Protection of language, script, and culture of minorities * Right of minorities to establish and administer educational institutions ## Footnote This falls under Cultural and educational rights.
34
What is the purpose of Article 32?
Right to constitutional remedies ## Footnote This includes the right to move the Supreme Court for enforcement of fundamental rights.
35
What is prohibited under Article 15?
Discrimination on grounds of religion, race, caste, sex or place of birth ## Footnote Article 15 ensures that no individual is discriminated against based on these attributes.
36
What does Article 16 guarantee?
Equality of opportunity in matters of public employment ## Footnote Article 16 ensures that all individuals have equal chances for employment in public sectors.
37
List the six rights protected under Article 19 regarding freedom.
* Speech and expression * Assembly * Association * Movement * Residence * Profession ## Footnote Article 19 outlines fundamental freedoms essential for individual liberty.
38
What does Article 29 protect?
Language, script and culture of minorities ## Footnote Article 29 ensures that minorities can preserve their distinct language and culture.
39
What right is granted to minorities under Article 30?
Right to establish and administer educational institutions ## Footnote Article 30 allows minorities to create and run their own educational institutions, promoting their cultural identity.
40
What does Article 14 state about equality?
Equality before law and equal protection of laws ## Footnote Article 14 emphasizes that everyone is equal in the eyes of the law, regardless of citizenship.
41
Which articles provide rights available to both citizens and foreigners?
* Article 14: Equality before law * Article 20: Protection in respect of Conviction for offences * Article 21A: Right to elementary education * Article 22: Protection against arrest and detention * Article 23: Prohibition of traffic in human beings and forced labour * Article 24: Prohibition of employment of children in factories * Article 25: Freedom of conscience and free profession, practice and propagation of religion * Article 26: Freedom to manage religious affairs * Article 27: Freedom from payment of taxes for promotion of any religion * Article 28: Freedom from attending religious instruction or worship in certain educational institutions ## Footnote These articles guarantee fundamental rights to all individuals within India, excluding enemy aliens.
42
What is the origin of the concept of 'equality before law'?
British origin ## Footnote This concept signifies that all individuals are subject to the same laws without special privileges.
43
What does the concept of 'equal protection of laws' signify?
* Equality of treatment under equal circumstances * Similar application of laws to similarly situated individuals * Like should be treated alike without discrimination ## Footnote This concept is derived from the American Constitution and emphasizes fairness in legal treatment.
44
True or False: No person is above the law according to the concept of 'equality before law'.
True ## Footnote This principle ensures that laws apply equally to all individuals, regardless of status.
45
Fill in the blank: The 'Rule of Law' is an essential feature of _______.
[Governance] ## Footnote The Rule of Law is fundamental in ensuring justice and equality in society.
46
What does the term 'Rule of Law' imply?
* Absence of arbitrary power * Equality before the law * Legal certainty ## Footnote The Rule of Law ensures that laws govern a nation, as opposed to arbitrary decisions by individual government officials.
47
What do Fundamental Rights aim to establish?
Equality of legal status, opportunity, and justice ## Footnote Fundamental Rights can be categorized into negative and positive concepts.
48
What does Article 14 forbid?
Class legislation ## Footnote Article 14 allows for reasonable classification but not arbitrary or artificial distinctions.
49
What is the significance of the concept of 'equality before law'?
It is an element of the 'Rule of Law' ## Footnote Propounded by A.V. Dicey, it emphasizes the absence of arbitrary power.
50
What are the three elements of the 'Rule of Law' according to A.V. Dicey?
* Absence of arbitrary power * Equality before the law * Primacy of individual rights ## Footnote Only the first two elements apply to the Indian system.
51
Is the rule of equality before law absolute?
No ## Footnote There are constitutional and other exceptions to it.
52
What immunities does the President of India enjoy under Article 361?
* Not answerable to court for office duties * No criminal proceedings during term * No arrest or imprisonment during term * No civil proceedings for personal acts during term ## Footnote These immunities apply only during the term of office.
53
What protection does Article 361-A provide regarding parliamentary proceedings?
No civil or criminal liability for publishing true reports of parliamentary proceedings ## Footnote This applies to publication in newspapers, radio, or television.
54
What immunity do members of Parliament have under Article 105?
No liability for anything said or voted in Parliament ## Footnote This immunity extends to committee actions as well.
55
What immunity do state legislature members have under Article 194?
No liability for anything said or voted in the Legislature ## Footnote Similar to the immunity provided to Parliament members.
56
What does Article 31-C state regarding laws made for Directive Principles?
Laws cannot be challenged as violating Article 14 ## Footnote It indicates that when Article 31-C applies, Article 14 does not.

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