FUNDAMENTAL RIGHTS (FRs)
Magna Carta(1215) in England was the first written document which assured English people of certain basic rights and liberties
America was the first country to give constitutional status to the Bill of Rights (1789).
Framers of Indian constitution took inspiration from them and incorporated a dedicated Part III to fundamental rights.
In France Declaration of Rights of Man and Citizen 1789 declared natural, inalienable and sacred rights of man
Meaning
Part III of Constitution- This part is also known as “Magna Carta of Indian constitution”.
India adopted the idea of Fundamental Rights from Constitution of USA. They Justifiable Rights which means they can be enforced in court of Law.
Rights given to the individual enforceable by the courts against the state.
These rights are regarded as fundamental because they are most essential for attainment of certain basic liberties and freedoms in order to live a dignified life.
In Maneka Gandhi VS Union of India 1978 the Supreme Court observed that “fundamental rights represent the basic values cherished by the people of India and they protect the dignity of an individual and create conditions in which every human being can develop his personality to fullest extent.”
All articles under Part III of Constitution
Right to Equality ( Articles 14-18)
a) Equality before law and equal protection of law (Article 14)
b) Prohibition of discrimination on Grounds of religion, race, cast, sex or place of birth [article 15]
c) Equality of opportunity in matters of public employment [article 16]
d) Abolition of untouchability and prohibition of its practice [Article 17]
e) Abolition of titles except military and academic [Article 18]
Right to freedom (Article 19- 22)
a) Protection of six rights regarding freedom of (i) speech and expression,(ii) Assembly, (iii) Association, (iv)movement, (v)residence, and (vi)profession [article 19]
b) Protection in respect of conviction for offences [article 20]
c) Protection of life and personal liberty [article 21]
d) Right to Elementary Education [article 21A]
e) Protection against arrest and detention of in certain cases[Article 22]
Rights against exploitation (Articles 23 -24)
a) Prohibition of traffic in human beings and forced labour [article 23]
b) Prohibition of employment of children in factories [article 24]
Right to freedom of religion (article 25- 28)
a) Freedom of conscience and free profession, practice and propagation of religion [article 25]
b) Freedom to manage religious affairs [article 26]
c) Freedom from payment of taxes for promotion of any religion [article 27]
d) Freedom from attending religious instruction or worship in certain educational institution [article 28]
Cultural and educational rights (article 29-30)
a) Protection of language, script and culture of minorities
b) Right of minorities to establish and administer educational institution [article 30]
Right to constitutional remedies (article 32)
a) Right to move to the supreme court for enforcement of fundamental rights including the writs Habeas Corpus, mandamus, prohibition, certiorari, quo warranto
Fundamental Rights MCQs (Article 12-35) For Judiciary Exams
1. India is referred as ___ under the Indian Constitution.--- Bharat
2. Who is empowered to admit a new State to the Union of India? ---- Parliament
3. Which important Human Right is protected in Article 21 of our Constitution? --- Right to Life and Liberty
4. The Constitution confers a special authority for the enforcement of FRs on the ---- Supreme Court
5. The FRs of the Indian Citizen in our Constitution are contained in (OR) FRs are guaranteed under ____ of the Indian Constitution. --- Part III
6. Under Article 368, Parliament has no power to repeal FRs because they are ---- Basic Structure of Constitution
7. FRs can be claimed against the ---- State
8. The FRs, which cannot be suspended even during the emergency, are Articles _____. ---- 20 and 21
9. Clause (1) of Article 13 is applicable only to ---- Pre-constitutional Laws
10. Original Constitution classified FRs into seven categories but now there are --- Six
11. India’s desire for civil liberties started from the struggle for independence against the ---- British Rule
12. India borrowed the idea of incorporating FRs in the Constitution from ---- USA
13. The concept of Single Citizenship is borrowed from the Constitution of ---- Britain
14. The concept of Dual Citizenship in the Union of India was recommended by ---- L. M. Singhvi Committee.
15. Under which Article of the Indian Constitution, Citizenship of a person can be determined at the commencement of the Constitution? --- 5
16. Which Article describes the persons voluntarily acquiring Citizenship of a foreign State not to be an Indian Citizen? --- 9
17. Who is authorized to lay down qualifications to acquire the Citizenship? ---- President
18. Which of the following is a qualification to acquire Citizenship by Naturalization? ---- A person is in service of Government of India from 12 months
19. FRs are not applicable to--- ----Armed Forces
20. Which Article of the Constitution empowers the Parliament to enact the provisions for acquisition and termination of Citizenship? ---------- 11
21. By which FR other FRs is protected? --- ------Right to Constitutional Remedies
22. Right to Property is a legal right under the Article ____. ---- 300A
23. Which of the following is not a FR? [Right to] --- --------Property
24. Which of the following has ceased to be a FR in the Indian Constitution? [Right to] ------------ Property
25. Which among the following is not a FR? [Right to] ---- Strike
26. Which FR has been a subject of maximum controversy and litigation? [Right to] -------------- Property
27. The Right to private property was dropped from the list of FRs by the (OR) Right to property took the shape of legal right by way of ----------- 44th Amendment
28. The Right to equality guaranteed by the Indian Constitution does not include -------------- Economic Equality
29. ‘Equality before the Law’ implies ---- absence of any privilege in favor of any person
30. Which Resolution for the first time expressed the concept of equality before the law? --- Swaraj Bill
31. The FRs of the Indian Citizen were --- Enshrined in Original Constitution
32. Which one of the FRs was described by Dr. B. R. Ambedkar as the ‘Heart and Soul of the Constitution’? [Right to] --- Constitutional Remedies
33. Which of the following confers upon the citizens the right to approach a court of law for the protection and restoration of FRs? (Right) ---- Constitutional Remedies
34. The Right to Constitutional Remedies are ---- Fundamental Rights
35. The Constitutional remedies under the Article 32 can be suspended by the ---- Parliament
36. Writs can be issued for the enforcement of FRs by the --- Supreme Court
37. Which one of the following FRs is restrained by the Preventive Detention Act? [Right to] -- Freedom
38. Who enjoys the right to impose reasonable restrictions on the FRs of Indian citizen? (OR) Who has the power to empower the Courts other than the Supreme and High Courts to issue writs and order for the forcement of the FRs? --- Parliament
39. Who can abridge any FR without damaging or destroying the basic features of the Constitution? ----Parliament
40. Which one of the following Courts is responsible for the enforcement of FRs? --- Supreme Court
41. Which of the following is the guardian of the FRs of the citizens? (OR) Who is the Protector and Guarantor of the FRs? -- Supreme Court
42. Any violation of FRs can be presented to --- Both Supreme and High Courts
43. Who is authorized to impose restrictions on FRs?--- -------Legislature
44. The FRs of the Indian citizen --- can be suspended by the President during national emergency
45. FRs are --- Those basic conditions of social life without which a Citizen cannot be at his/her best self
46. The FRs ensure the protection of --- Citizens against arbitrary rule 47. Our Constitution grants to the citizens ______ FRs. --------------- Six
47. Our Constitution grants to the citizens ______ FRs. --------------- Six
48. ‘Ultra vires’ means ---- Without authority
49. Who are not entitled to form Union? ---- Police
50. By the Citizenship Act of 1955, when he / she will be loosing the Citizenship? ---- Renunciation, Deprivation & Termination
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