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Flashcards in Fundamental Rights Deck (72)
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1

Which part of the Constitution enshrines fundamental rights?

Part III

2

Articles relating to fundamental rights

Article 12 to 35

3

Fundamental rights promote the ideal of

political democracy

4

Name the six fundamental rights

1. Right to equality Article 14 to 18
2. Right to Freedom Article 19-22
3. Right against exploitation Article 23-24
4. Right to freedom of religion Article 25-28
5. Cultural and educational rights (Article 29, 30)
6. Right to constitutional remedies Article 32

5

Define Article 12

Definition of State

6

According to Article 12, the 'state' includes:

1. Govt and Parliament of India
2. Govt and legislature of each state
3. all local authorities ( Municipalities, panchayat, district boards etc.)
4. Other authorities including statutory and non statutory bodies

7

Define Article 13

Laws that are inconsistent with or in derogation of fundamental rights shall be void

8

Article 13 provides for

Doctrine of judicial review

9

The power for judicial has been conferred upon:

Supreme Court by Article 32
and High Court by Article 226

10

According to Article 13, constitutional amendment is

not a law and hence cannot be challenged in the court

11

Amendment relating Article 13

24th CAA of 1971
( Constitutional amendment is not a law)

12

Keshavananda Bharti Case of 1973 on Article 13

Constitutional amendment can be challenged if it violates a fundamental right that forms a part of the basic structure.

13

Article 14:

The State shall not deny any person 'equality before laws' or 'equal protection of laws' within the territory of India.

14

Equality Before Law features:

1. British concept
2. Formal equality
3. denotes absence of any special privilege
4. no person is above law
5. negative concept

15

Equal Protection of Law features:

1. American concept
2. Egalitarian equality
3. equal treatment under equal circumstances
4. like should be treated alike
5. positive concept

16

Concept of 'Rule of Law' propounded by

A V Dicey

17

3 aspects of 'Rule of Law'

1. Absence of arbitrary power
2. Equality before law
3. Constitution is the result of rights of individuals

18

'Rule of Law' identified as a basic feature in which case?

State of UP vs Raj Narain Case 1975

19

Article 15 prohibits discrimination by the State on grounds of

1. Religion
2. race
3. caste
4. sex
5. Place of birth.

20

Article 15 is applicable to

Citizens of India

21

Article 14 is applicable to

Any person ( including legal persons ie statutory corporations, companies etc.)

22

Article 15(2) prohibits discrimination by

State and private individuals

23

Exceptions for Article 15

States can make special provisions regarding:
1. Women and Children
2. for advancement of socially and educationally backward classes of citizens or for SC/ST or economically weaker sections
3. reservation for socially and educationally backward classes or SC/STs or economically weaker sections in educational institutions except minority educational institutions

24

1st Constitutional Amendment Act of 1951 amended Article 15

to make special provisions for the advancement of socially and educationally backward classes of citizens or SC/ST

25

93rd Constitutional Amendment Act of 2005 amended Article 15

to make reservation in educational institutions for socially and educationally backward classes or SC/ST

26

Reservation in Educational institutions was enacted by

Central Educational Institutions (Reservation in Admission) Act of 2006

27

103rd Constitutional Amendment Act of 2019 amended Article 15 to

Make special provisions for advancement of Economically Weaker sections of citizens and their reservation in educational institutions.

28

Amendments relating to Article 15

1. 1st CAA of 1951
2. 93rd CAA of 2005
3. 103rd CAA of 2019

29

Article 16 provides for

Equality of opportunity for all citizens in matters of public employment.

30

Article 16 prohibits ineligibility and discrimination in public employment on grounds of

1. Relegion
2. Race
3. Caste
4. Sex
5. Descent
6. Place of birth
7. Place of residence