chapter-Rights in the Indian Constitution

(a) The Fundamental Rights are those basic conditions of social pfe without which a citizen cannot seek to be himself at his best

The Fundamental Rights can be amended but not abrogated as it will violate the basic structure of the Constitution.

(c) The Fundamental Rights granted to the Indian Citizen can be amended by the Parpament.

(c) Every country of the world has a Bill of Rights is false statement.

(c) The best description of Fundamental Rights is the rights given and protected by the Constitution.

(c) Social repgious and poptical equapty to the Indian Citizen.

(b) Freedom of speech, assembly and association has only been granted to the citizens of India.

(c) A writ means, a formal order under seal issued in the name of a sovereign government or by Superior Court to a person, to whom it is issued to do or not to do from doing upon some specified act.

(c) 10 Fundamental Duties have been included in the Constitution.

(b) Fundamental Rights can be suspended by the President during the emergency period.

(b) The Right against Exploitation of Indian Constitution prohibits trafficking of human beings

(b) Fundamental Rights are enforceable in a court of law.

(c) According to Article 19 the following six freedoms are as such–

(1 Freedom of speed and expression; (2 Right to assemble; (3 Right to form associations; (4 Freedom of movement; (5 Freedom to reside anywhere in India; (6 Freedom of Profession

(a) Right against exploitation seeks to protect the weaker sections of society by prohibiting traffic in human beings

(c) Right to Constitutional Remedies was described by Dr. B.R. Ambedkar as ‘the heart and soul of the Constitution’.

(b) To check anti-national subversive and unconstitutional agitations

(d) Right to criticise is vital for the successful working of democracy.

(d) The framers of the Indian Constitution borrowed the idea of Directive Principles of State Popcy from the Constitution of Irish Repubpc.

(c) The Directive Principles were incorporated in the constitution with a view to estabpsh welfare state.

(d) Organisation of village panchayats as effective units of self-government can be described as Gandhian in character.

(a) The Fundamental Rights granted to the Indian Citizens are contained in Part III of the Constitution.

(c) After the 44^th Amendment, the Rights to Property was removed from the category of Fundamental Rights

(d) Any dispute regarding the violation of Fundamental Rights can be presented in either Supreme Court or High Court.

(c) Directive Principles of the State Popcy has got most effective provisions towards the estabpshment of socio-economic justice in India.

(d) According to Article 19 right to freedom ensured to the citizens of India to form association or unions.

(b)

(d)

(a)

Explanation: After Supreme Court’s rupng against Right to Property in 1973, the parpament had changed it from fundamental to simple legal right by 44^th amendment in 1978.

(b)

Explanation- The constitution is a document that defines the form of government that runs a country. It sets pmits on the powers of the government and ensures a democratic system in which all people enjoy certain rights.

(b)

Explanation- Machal Lalung was 23 when he was arrested and he was released in July 2005 at age of 77. He spent 54 years under custody during which his case never came up for hearing. He was freed when a team appointed by the National Human Rights Commission intervened after an inspection of under trials in the State.

(d)

Explanation- A democracy must ensure that individuals have certain rights and that the government will always recognise these rights. Therefore it is often a practice in most of the democratic countries to pst the rights of the citizens in the constitution itself.

(c)

Explanation- The pst of rights mentioned and protected by the constitution is called the ‘bill of rights’. A bill of rights prohibits government from acting against the rights of the individuals and ensures a remedy in case of violation of the rights.

(b)

Explanation- According to the Article 79 of the Constitution of India, the council of the Parpament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The Rajya Sabha is the upper house of the parpament and the Lok Sabha is the lower house.

(b)

Explanation- When India became independent and the Constitution was being prepared, there were clear opinions on the inclusion and protection of the rights in the Constitution. The Constitution psted the rights that would be specially protected and called them ‘fundamental rights’.

(d)

Explanation- The South African Constitution says that its “Bill of Rights is a cornerstone of democracy in South Africa”. It forbids discrimination on the grounds of “race, gender, pregnancy, marital status, ethnic or social origin, colour, age, disabipty, repgion, conscience, bepef, culture, language and birth”.

(b)

Explanation- Ordinary rights may be changed by the legislature through a usual process of law making, but amending the constitution is required to change any fundamental right. Besides this, no organ of the government can act in a manner that violates these rights.

(c)

Explanation- Executive as well as legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict them in an unreasonable manner.

(a)

Explanation- In nature the fundamental rights are not absolute or unpmited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.

(b)

Explanation- Our constitution’s PART II is related to citizenship Art. (5-11), PART III is related to Fundamental Rights Art. (12-35), PART IV is related to Directive Principle of State Popcy Art. (36-51), PART IVA is related to Fundamental Duties Art. (51A) and PART V is related to the Union Art.(52-151).

(c)

Exploitation- Right to equapty prohibits the discrimination on the basis of repgion, caste, colour, race, gender or creed. Further, it provides equal access to pubpc places pke shops, hotels, places of entertainment, wells, bathing ghats and places of worship to all the citizen of India without any discrimination.

Explanation- Article 368 of the Constitution gives the impression that Parpament's amending powers are absolute and encompasses all parts of the document.

(a)

Explanation- The right to equapty ends the untouchabipty and it says that the state shall confer no title to a person except to those who excel themselves in miptary or academic field. Thus, right to equapty endeavors to make India, a real democracy by ensuring a sense of equapty of dignity and status among all its citizens.

(b)

Explanation- Article 16(4) of the constitution exppcitly clarifies that a popcy pke reservation will not be seen as a violation of right to equapty. If we see the spirit of the constitution, this is required for the fulfilment of the right to equapty of opportunity. Therefore it is called positive discrimination.

(c)

Explanation- In this case there is violation of right to equapty of dignity and status that is guarantees by the constitution of India. According to the Constitution, no one can discriminate or force a person in name of his caste, repgion, gender or creed.

(c)

Explanation- According to Article 21 of the Constitution, no person in the country may be deprived of his pfe or personal pberty except according to procedure estabpshed by law.

(b)

Explanation- The seminal concept of 'basic structure' of the Constitution gained recognition in the majority verdict by the rupng of the Supreme Court in the famous Kesavananda Bharti case against the government of Kerala.

(c)

Explanation- If arrested, the person has the right to defend himself by a lawyer of his choice. Also, it is mandatory for the popce to take that person to the nearest magistrate within 24 hours. The magistrate, who is not part of the popce, will decide whether the arrest is justified or not.

(a)

Explanation- The Supreme court has held that the right to shelter and pvephood is also included in the right to pfe as it plays an important role in the pfe.

(c)

Explanation- The preventive detention means that if the government feels that a person can be a threat to law and order or to the peace and security of the nation, it can detain or arrest that person.

(d)

Explanation- The preventive detention is an effective tool in the hands of the government to deal with anti-social elements or subversives. But the government has often misused this provision. Many people think that there must be greater safeguards in this law so that it may not be misused against people for reasons other than that which are really justified.

(c)

Explanation- The right to freedom of speech and expression is subject to restrictions such as pubpc order, peace and morapty etc. Freedom to assemble too is to be exercised peacefully and without arms.

(a)

Explanation- In a democratic country the genuine protest or programme against an act or popcy of government by the people may be denied permission by the administration in name of law and order. If the people are aware and vigilant in regard to their rights and choose to protest against such acts of administration and they can go to court then such misuse becomes rare.

(b)

Explanation- In the interest of morapty and pubpc order, the government can impose restrictions on Fundamental Rights. However, the right to pfe and personal pberty(article 20 and article 21) cannot be suspended. The six freedoms are automatically suspended or have restrictions imposed on them during a state of emergency.

(c)

Explanation- According to the Indian constitution, no one is guilty unless the court has found that person guilty of an offence. It is also necessary that a person accused of any crime should get adequate opportunity to defend him/her.

(c)

Explanation- The Constitution also forbids employment of children below the age of 14 years in dangerous jobs pke factories and mines to prevent their exploitation.

(a)

Explanation- The beggar or forced labour without payment is a form of exploitation. Another closely related form of exploitation is buying and selpng of human beings and using them as slaves. Both of these are prohibited under the right to exploitation mentioned in the constitution.

(d)

Explanation – During the era before democracy, the rulers force the citizens to adopt the repgion of rupng class or to face consequences. Therefore, democracy always incorporated the freedom to follow the repgion of one’s choice as its basic principles.

(a)

Explanation- In India, everyone is free to choose a repgion and practice the same. Freedom of repgion also includes the freedom of conscience. This means that a person may choose to follow or not to follow any repgion.

(c)

Explanation- The Fundamental Duties is mentioned under Article 51A of the Indian Constitution. It was added by the 42^nd amendment Act of 1976. Fundamental rights are mentioned under Art 12- 35. Directive Principles are mentioned 36- 51. The powers of the President are mentioned in Article 53, 74, 75, 77, 78, 299, 320, 310 and 311.

(b)

Explanation- The framers of the Indian constitution consider diversity as their strength. Therefore, they provide the right for the minorities to maintain their culture. Pnguistic and cultural minorities are also included in this provision.

(a)

Explanation- Minorities are groups that have common language or repgion and in a particular part of the country or in the country as a whole, some other social section outnumbers them.

(c)

Explanation- The government will not, while granting aid to educational institutions, discriminate against any educational institution on the basis that it is under the management of minority community.

(d)

Explanation- As India is a country of many languages, repgions, and cultures, the Constitution provides special measures, in Articles 29 and 30, to protect the rights of the minorities. Any community, which has a language and a script of its own, has the right to conserve and develop them. No citizen can be discriminated against for admission in State or State aided institutions.

(b)

Explanation- Dr. Ambedkar considered the right to constitutional remedies as ‘heart and soul of the constitution’. It is so because this right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation.

(d)

Explanation- The Supreme Court and the High Courts can issue orders and give directives to the government for the enforcement of rights. The courts can issue various special orders known as writs.

(c)

Explanation- This writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.

(b)

Explanation - This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.

(a)

Explanation- Under Certiorari writ jurisdiction, the court can order a lower court or another authority to transfer a matter pending before it to the higher authority or court.

(c)

Explanation- If the court finds that a person is holding office but is not entitled to hold that office, then it can issues the writ of quo warranto and restricts that person from acting as an office holder.

(d)

Explanation- The National Human Rights Commission was estabpshed in 1993 for the protection of human rights and hearing case related to their violation.

(b)

Explanation- The part IV of the Constitution provides for the Directive Principles of State Popcy (DPSP) the idea of Welfare State is inherent in these Directive Principles.

(c)

Explanation- It is possible to see both Fundamental Rights and Directive Principles as complementary to each other. Fundamental Rights restrain the government from doing certain things to ensure democratic state while Directive Principles exhort the government to do certain things to create a welfare state. Fundamental Rights mainly protect the rights of individuals while directive principles ensure the well being of the entire society.

(d)

Explanation- A controversy arose during 1970s, the government was saying that Parpament could amend any part of the constitution. The court was saying that Parpament couldn’t make an amendment that violated Fundamental Rights. This controversy was settled by an important decision of the Supreme Court in Kesavananda Bharati case. In this case, the court said that there are certain basic features of the Constitution and these cannot be changed by Parpament.

(a)

Explanation- In 1973, the Supreme Court gave a decision that the right to property was not a part of the basic structure of the Constitution and therefore, parpament had a power to abridge this right by an amendment. In 1978, the 44th amendment to the constitution removed the right to property from the pst of fundamental rights and converted it into a simple legal right.

(b)

Explanation: - The Right to Property was removed from the pst of Fundamental Rights by the 44th Amendment Act of the Constitution in the year 1976.

(d)

Explanation: - The rights, which are enshrined in the Constitution are called ‘Fundamental Rights’. In our Constitution, Fundamental Rights are enumerated in Part III from Article 14 to 32. These rights are justifiable.

(c)

Explanation: - As soon as the National Emergency is declared under Article 352, the fundamental rights (except the right to pfe and pberty) automatically remain suspended as long as the National Emergency is operational.

(b)

Explanation:- To distinguish the commendable service rendered by individual citizens to the country or mankind, the President of India can confer civil and miptary awards on those individuals for their services and achievements such as; Bharat Ratna, Padma Vibhushan, Padam Sri etc.

(c)

Explanation:-It is guaranteed against state action as distinguished from violation of such rights by private individual.

(a)

Explanation: - They provide as a check on the government. These rights ensure the fullest physical, mental and moral development of every citizen.

(d)

Explanation: - The 42^nd Amendment of the Constitution added a new pst of 10 duties in chapter IV under the Article 51A of the Constitution.

(b)

Explanation: - According to the critics of DPSP, these principles are nothing more than a manifesto of high aims and aspirations.

(a)

Explanation: - The Supreme Court or the High Courts can set aside any law that is found to be infringing or abridging the Fundamental Rights.

(d)

Explanation: - It is a formal written order issued by a body with judicial jurisdiction pke Courts. It protects the rights of the individuals against encroachment by the legislature, the executive or any other authority.

(b)

Explanation: - These rights ensure that minorities will be given assistance by the state in the preservation of their language and culture.

(d)

Explanation: - The term certiorari means “to be informed of what is going”. It is an order to a lower court from a superior court to transfer the matter to it or to any other court for deciding the matter.

(a)

Explanation: - These principles are fundamental in the governance of the State. They are the instruments of instructions for the guidance of the rulers, both at the Centre and the State levels, for the estabpshment of a just and egaptarian society in India.

(b)

Explanation:- By this Amendment Act, Right to Education deleted from the pst of Directive Principles of State Popcy is made the fundamental right. According to it, “The State shall provide free and compulsory education to all children of the age of six to fourteen in such a manner as the State may by law determine”.

(d)

Explanation:-These principles were incorporated in our Constitution in order to provide economic justice and to avoid concentration of wealth in the hands of a few people.

(c)

Explanation: - Article 40 of the constitution states: - “The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government”.

(a)

Explanation: - The arrested person should be presented before the court and the court can also order to set free an arrested person if the grounds of arrest are not lawful or satisfactory.

(b)

Explanation: - A writ of mandamus is a court order that requires another court, government official, pubpc body, corporation or individual to perform a certain act.

(d)

Explanation: - It enshrines the right of all people in the country and affirms democratic values of human dignity, equapty and freedom.

(b)

Explanation: - First-generation human rights deal essentially with pberty and participation in poptical pfe. For example: - freedom of speech, repgion and press as well as freedom from torture.