Fundamental Rights

Which one of the following statements is not correct with respect to Article 32 of the Constitution of India?

[amp_mcq option1=”It provides remedies to citizens for the enforcement of fundamental rights.” option2=”It is a part of fundamental rights.” option3=”The Supreme Court cannot refuse a writ petition under Article 32 on the ground of delay.” option4=”Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights.” correct=”option4″]

The statement “Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights” is not correct.

Article 32 of the Constitution of India guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights guaranteed by Part III of the Constitution. The Supreme Court can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) specifically for this purpose. It cannot be invoked for the enforcement of rights that arise from ordinary laws or for contractual rights unless the violation of such rights also leads to a violation of a fundamental right.

Statements A and B are correct: Article 32 is a fundamental right itself (Part III) and provides remedies for the enforcement of other fundamental rights. Statement C is generally correct in practice, as the Supreme Court is highly reluctant to dismiss petitions under Article 32 on the ground of delay, especially when personal liberty is involved, given its nature as the guardian of fundamental rights.

Which one of the following statements is not correct with respect to protection of individuals being tried for offences?

[amp_mcq option1=”A confession can never be used as evidence against the accused.” option2=”The accused must have violated an existing law.” option3=”An accused cannot be tried and punished for the same offence again.” option4=”The quantum of punishment must be provided in law as it existed on the date of commission of an offence.” correct=”option1″]

The statement that “A confession can never be used as evidence against the accused” is not correct with respect to the protection of individuals being tried for offences.

– Protection against self-incrimination (Article 20(3)) states that no person accused of any offence shall be compelled to be a witness against himself. This means involuntary or forced confessions are inadmissible. However, voluntary confessions are admissible as evidence under certain conditions specified by law (like confessions made before a magistrate, not while in police custody, except under specific provisions like Section 27 of the Evidence Act allowing recovery based on information). Therefore, a blanket statement that *no* confession can ever be used is incorrect. (Statement A is incorrect).
– Article 20(1) prohibits ex post facto laws, meaning a person can only be convicted for violating a law that existed at the time of the offence. (Statement B is correct).
– Article 20(2) prohibits double jeopardy, meaning a person cannot be prosecuted and punished for the same offence more than once. (Statement C is correct).
– Article 20(1) also prohibits retrospective application of punishment, meaning the penalty imposed shall not be greater than what was prescribed by the law in force at the time the offence was committed. (Statement D is correct).

The rules regarding the admissibility of confessions in India are primarily governed by the Indian Evidence Act, 1872. Sections 24 to 30 of this Act deal with confessions. Section 25 makes confessions made to a police officer inadmissible, and Section 26 makes confessions made while in police custody inadmissible, unless made in the immediate presence of a Magistrate. Section 27 provides an exception where information leading to the discovery of a fact is given by an accused in custody, even to a police officer.

Which of the following fundamental rights as enshrined in the Constitution of India belong only to the citizens?

• 1. Article 19 (Protection of right to freedom of speech)
• 2. Article 21 (Protection of life and personal liberty)
• 3. Article 15 (Prohibition of discrimination)
• 4. Article 16 (Equality of opportunity)

Select the correct answer using the code given below.

[amp_mcq option1=”1, 2 and 3″ option2=”2, 3 and 4″ option3=”1, 3 and 4″ option4=”1 and 4 only” correct=”option3″]

The fundamental rights enshrined in the Constitution of India that belong only to citizens are Article 19 (Protection of right to freedom of speech), Article 15 (Prohibition of discrimination), and Article 16 (Equality of opportunity).

– Fundamental rights are available to ‘persons’ (both citizens and foreigners) or only to ‘citizens’, depending on the article.
– Article 19 (Protection of six rights regarding freedom of speech, assembly, association, movement, residence, and profession) is available only to citizens. (Point 1 is correct).
– Article 21 (Protection of life and personal liberty) is available to all ‘persons’, i.e., both citizens and non-citizens. (Point 2 is incorrect).
– Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) is available only to citizens. (Point 3 is correct).
– Article 16 (Equality of opportunity in matters of public employment) is available only to citizens. (Point 4 is correct).

Other fundamental rights available only to citizens are Article 29 (Protection of interests of minorities) and Article 30 (Right of minorities to establish and administer educational institutions). Rights available to both citizens and foreigners include Article 14 (Equality before law and equal protection of laws), 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), Article 25 (Freedom of conscience), Article 26 (Freedom to manage religious affairs), Article 27 (Freedom as to payment of taxes for promotion of any particular religion), and Article 28 (Freedom as to attendance at religious instruction).

According to B. R. Ambedkar, which one among the following Articles is the ‘heart and soul’ of the Constitution of India?

[amp_mcq option1=”Article 15″ option2=”Article 21″ option3=”Article 23″ option4=”Article 32″ correct=”option4″]

According to B. R. Ambedkar, Article 32 is the ‘heart and soul’ of the Constitution of India.

Article 32 of the Indian Constitution guarantees the right to constitutional remedies, providing citizens with the right to move the Supreme Court for the enforcement of their fundamental rights. Dr. Ambedkar considered this article the most important as it makes other fundamental rights justiciable and effective.

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 21 guarantees protection of life and personal liberty. Article 23 prohibits traffic in human beings and forced labour. While all are fundamental rights, Article 32 is seen as the enforcer of these rights.

Consider the following statements :

• In India, the Special Marriage Act protects an individual if one enters into an interreligious marriage.
• Right to marry a person of one’s choice is an integral aspect of one’s Fundamental Rights under Article 21 of the Constitution of India.
• The Universal Declaration of Human Rights also resonates marital rights of every adult consenting individuals.

Which of the statements given above is/are correct?

[amp_mcq option1=”2 and 3 only” option2=”1 and 3 only” option3=”1, 2 and 3″ option4=”1 only” correct=”option3″]

The correct option is C) 1, 2 and 3.

Statement 1 is correct: The Special Marriage Act, 1954, provides a legal framework for civil marriage in India, enabling interreligious and inter-caste marriages without requiring conversion, thereby protecting the individual’s right to marry outside their religion. Statement 2 is correct: The Supreme Court of India has affirmed in several judgments that the right to marry a person of one’s choice is an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution. Statement 3 is correct: Article 16 of the Universal Declaration of Human Rights (UDHR) explicitly recognizes the right of men and women of full age to marry and found a family, based on their free and full consent, without discrimination.

The legal recognition of the right to marry a person of one’s choice under Article 21 reinforces individual autonomy and choice in personal matters. The Special Marriage Act is a crucial piece of legislation supporting this right by providing a secular avenue for marriage registration. The UDHR sets a global standard for human rights, and Article 16 is a foundational statement on the right to marry.

Consider the following statements :

• 1. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by the action of a government authority.
• 2. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by not only the action of a government authority, but also by its inaction.

Which of the statements given above is/are correct?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option3″]

The correct answer is C. Both statements 1 and 2 are correct.

Fundamental Rights under Part III of the Constitution are enforceable against the ‘State’ (defined broadly under Article 12). This enforcement can be sought when the State’s *actions* violate these rights. Furthermore, judicial interpretation has established that the State’s *inaction* or failure to perform a legal duty that results in the violation of fundamental rights is also challengeable.

The Supreme Court and High Courts, using powers under Articles 32 and 226, can issue writs like Mandamus to compel public authorities to perform their duties, thereby addressing violations arising from state inaction. For example, the state’s failure to prevent environmental pollution or provide adequate security can be challenged if it leads to a violation of the right to life or personal liberty.

Which one of the following terms represents the maxim, ‘no man/person shall be condemned unheard’?

[amp_mcq option1=”Autrefois acquit” option2=”Non bis in idem” option3=”Autrefois convict” option4=”Audi Alteram Partem” correct=”option4″]

The maxim ‘no man/person shall be condemned unheard’ is a fundamental principle of natural justice. In legal terms, this principle is known as *Audi Alteram Partem*, which is Latin for “hear the other side”. It requires that a person has the right to a fair hearing before a decision is made against them.

‘Audi Alteram Partem’ is a cornerstone of natural justice ensuring the right to be heard.

*Autrefois acquit* and *Autrefois convict* are legal pleas in criminal law related to the rule against double jeopardy (meaning one cannot be tried twice for the same crime if previously acquitted or convicted). *Non bis in idem* is the Latin equivalent of double jeopardy.

Which one of the following writs means ‘you may have the body’ ?

[amp_mcq option1=”Habeas Corpus” option2=”Mandamus” option3=”Certiorari” option4=”Quo Warranto” correct=”option1″]

The word ‘Habeas Corpus’ is a Latin term that literally translates to “You may have the body”. This writ is issued by a court to order that a person who has been arrested or imprisoned be brought before the court. It is used to test whether a person’s detention is lawful.

Habeas Corpus is a writ used to challenge unlawful detention, ensuring the person is brought before the court.

Mandamus means “We command”, used to direct a public servant to perform a duty. Certiorari means “To be certified” or “To be informed”, used by a higher court to review a lower court’s decision. Quo Warranto means “By what authority?”, used to question a person’s claim to a public office.

Article 19(1) of the Constitution of India, as it stands amended, includes which of the following ?
Select the correct answer using the code given below :

• 1. Freedom of speech and expression
• 2. Assemble peaceably and without arms
• 3. To acquire and dispose property
• 4. To move freely throughout the territory of India

[amp_mcq option1=”1 and 2 only” option2=”1, 2, 3 and 4″ option3=”4 only” option4=”1, 2 and 4 only” correct=”option4″]

Article 19(1) of the Constitution of India, as it stands amended, includes 1, 2 and 4 only.

Article 19(1) guarantees six fundamental freedoms to citizens:
1. Freedom of speech and expression [Article 19(1)(a)]. This is included.
2. Assemble peaceably and without arms [Article 19(1)(b)]. This is included.
3. To acquire and dispose property [originally Article 19(1)(f)]. The right to property was removed from the list of fundamental rights under Article 19(1) by the 44th Amendment Act, 1978. It was made a constitutional right under Article 300A. This is not included in Article 19(1) as it stands amended.
4. To move freely throughout the territory of India [Article 19(1)(d)]. This is included.
Therefore, as per the amended Article 19(1), it includes freedoms 1, 2, and 4 from the given list.

The original Article 19(1) contained seven freedoms, including the right to acquire, hold, and dispose of property. The 44th Amendment Act, 1978, during the Janata Party government, repealed Article 19(1)(f) and Article 31, thereby removing the right to property from the list of fundamental rights and making it a legal right under Article 300A.

Which among the following fundamental rights is/are available to non-citizens?

• 1. Freedom of speech
• 2. Protection against self-incrimination
• 3. Freedom of conscience
• 4. Non-discrimination in matters of employment

Select the correct answer using the code given below:

[amp_mcq option1=”1, 2 and 3 only” option2=”1, 3 and 4 only” option3=”2 and 3 only” option4=”2 only” correct=”option3″]

Fundamental Rights available only to citizens (and not non-citizens) are those under Articles 15, 16, 19, 29, and 30. All other fundamental rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28 are available to all persons, including non-citizens.
1. Freedom of speech (Article 19): Available only to citizens.
2. Protection against self-incrimination (Article 20(3)): Available to all persons.
3. Freedom of conscience (Article 25): Available to all persons.
4. Non-discrimination in matters of employment (Article 16): Available only to citizens.
Therefore, the fundamental rights available to non-citizens among the given options are 2 and 3.

Certain fundamental rights are available exclusively to Indian citizens, while others are available to all persons residing in India, including citizens and foreigners.

Article 14 (Equality before law and equal protection of laws), Article 20 (Protection in respect of conviction for offences), Article 21 (Protection of life and personal liberty), Article 21A (Right to elementary education), Article 22 (Protection against arrest and detention in certain cases), Article 23 (Prohibition of traffic in human beings and forced labour), Article 24 (Prohibition of employment of children in factories, etc.), and Articles 25-28 (Right to freedom of religion) are available to both citizens and non-citizens.