Fundamental Roghts

Question 1

Which part of the constitution is rightly described as the magna Carta of India?

Answer 1

Part three of the Constitution that is the fundamental rights

Question 2

Which constitutional amendment act deleted the right to property from the list of fundamental rights

Answer 2

44th amendment act of 1978.

It is made a legal right under article 308 in part 12 of the Constitution

Question 3

Six. Fundamental rights.

Answer 3

Right to equality- 14 to 18
Right to freedom - 19 to 22
Right against exploitation- 23 to 24
Right to freedom of religion - 25 to 28
Cultural and educational rights - 29 to 30
Right to constitutional remedies - article 32

Question 4

Fundamental rights are defended and guaranteed by whom

Answer 4

Supreme Court

Question 5

Which article gives the High Court the power to declare a law unconstitutional and invalid on the ground of contravention of any of the fundamental rights

Answer 5

Article 226

Question 6

The concept of equality before law has been taken from which Constitution

Answer 6

British constitution

Question 7

The concept of equal protection of laws has been taken from where

Answer 7

American constitution 

Question 8

Rule of law propounded by home

Answer 8

AV dicey , the British jurist

Question 9

Rule of law is embodied in which article

Answer 9

Article 14

Question 10

Fundamental rights was influenced by what?

Answer 10

England’s Bill of Rights
United States Bill of Rights
France’s declaration of the rights of man
UN’s declaration of human rights

Question 11

The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the schedule caste or scheduled Tribes regarding their admission to educational institutions, including private educational institutions, whether aided or unaided by their state, this provision was added by which amendment act

Answer 11

93rd amendment act of 2005

Question 12

Protection of six rights according to right to freedom, article 19

Answer 12

1. Right to freedom of speech and expression.
   (i) Right to assemble peaceably and without arms. (ii) Right to form associations or unions or co-
   operative societies.
   (iv) Right to move freely throughout the territory of
   India.
   (v) Right to reside and settle in any part of the territory of India.
   (vi) Right to practice any profession or to carry on any occupation, trade or business.
   Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978.

Question 13

Article 21A declares that the state shall provide free and compulsory education to all children of the age of 6 to 14 years in such a manner as the state may determine, this provision was added by which constitutional amendment act

Answer 13

86th constitutional amendment act of 2002

Question 14

Acts regarding labour

Answer 14

The bonded labour system(abolition) act, 1976

The minimum wage act 1948

The contract labour act, 1970

The equal remuneration act, 1976

Question 15

Can the Supreme Court issue writs for the enforcement of other purposes other than fundamental rights

Answer 15

No. But the High court can.

Question 16

The Supreme Court can issue writs against a person or government throughout the territory of India. Where is the High Court can issue writs where

Answer 16

High Court can issue writs against a person, residing or against the government or authority located within its territorial jurisdiction only or outside its territorial jurisdiction, only if the cause of action arises within its territorial jurisdiction.

Question 17

Who is considered as the defender in guarantor of the fundamental rights

Answer 17

Supreme Court

Question 18

Habeas corpus

Answer 18

It is a Latin term which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention.
The writ of habeas corpus can be issued against both public authorities as well as private individu-als. The writ, on the other hand, is not issued where the (a) detention is lawful, (b) the proceeding is for contempt of a legislature or a court, (c) detention is by a competent court, and (d) detention is outside the jurisdiction of the court.

Question 19

Mandamus

Answer 19

It literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation;
(e) against the president of India or the state gover-nors; and (f) against the chief justice of a high court acting in judicial capacity.

Question 20

Prohibition writ

Answer 20

Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity.
The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, and private individuals or bodies.

Question 21

Certiorari

Answer 21

In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.

Previously, the writ of certiorari could be issued only against judicial and quasi-judicial authorities and not against administrative authories. However, in 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.
Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.

Question 22

Quo warranto

Answer 22

In the literal sense, it means by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office.
Hence, it prevents illegal usurpation of public office by a person.
•The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office.
Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.

Question 23

Three grounds of national emergency

Answer 23

War
External aggression or armed rebellion