Fundamental Rights in Indian Constitution

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Questions and Answers

What is the maximum percentage of seats that can be reserved for economically weaker sections in educational institutions?

10% (correct)

15%

Which of the following is NOT a ground on which a citizen can be discriminated in public employment?

Caste

Religion

Sex

Age (correct)

Which of the following groups may receive special provisions according to the exceptions outlined?

Individuals with private education

Scheduled Tribes (correct)

Successful businessmen

Affluent classes

Which exception allows Parliament to set a condition for employment based on residence?

Residence requirement Signup and view all the answers

For which of the following is a state permitted to reserve positions according to the exceptions in employment?

Any backward class Signup and view all the answers

Which of the following groups does not fit under the provisions outlined for special educational advancement?

Economically prosperous individuals Signup and view all the answers

What type of institution is excluded from the general provisions for admission according to special reservations?

Minority educational institutions Signup and view all the answers

Which of the following is true regarding employment opportunities outlined in Article 16?

Equality of opportunity must be provided for all citizens. Signup and view all the answers

What entities are included in the definition of 'State' as per Article 12?

Government bodies and authorities Signup and view all the answers

Which concept regarding equality does Article 14 primarily emphasize?

Equality before the law Signup and view all the answers

Which of the following groups is an exception to Article 14’s principle of equality?

Members of the armed forces Signup and view all the answers

What is the significance of the word 'only' in Article 15?

It indicates that discrimination on other grounds is allowed Signup and view all the answers

Which of the following best describes 'discrimination' as defined in Article 15?

Making an adverse distinction with regard to others Signup and view all the answers

According to the Supreme Court, which type of agency can be considered part of the 'State' under Article 12?

Private bodies functioning as instruments of the State Signup and view all the answers

What does the concept of 'equal protection of laws' primarily relate to?

Fair treatment under the law for all individuals Signup and view all the answers

Which of the following best captures the broader interpretation of the term 'State'?

All agencies that potentially violate Fundamental Rights Signup and view all the answers

What does Article 17 specifically address?

Abolition of untouchability Signup and view all the answers

Which of the following is prohibited under Article 18?

Conferring titles by the state Signup and view all the answers

Which right is NOT included in the six rights outlined in Article 19?

Right to own property Signup and view all the answers

Article 20 protects individuals from which of the following?

Arbitrary punishment Signup and view all the answers

Which provision is NOT part of Article 18 regarding titles?

Citizens can accept foreign titles Signup and view all the answers

Which of the following rights is guaranteed under Article 21?

Right to elementary education Signup and view all the answers

Which article provides protection against arrest and detention?

Article 22 Signup and view all the answers

What major change occurred to Article 19 after the 44th Amendment Act of 1978?

Removal of the right to property Signup and view all the answers

Study Notes

Definition of State

Article 12 of the Indian Constitution defines the term "State" for the purposes of Part III, which deals with Fundamental Rights.
The definition includes various entities:
- Government and Parliament of India (executive and legislative organs of the Union Government)
- Government and legislature of states (executive and legislative organs of state governments)
- All local authorities (municipalities, panchayats, district boards, improvement trusts, etc.)
- All other authorities (statutory or non-statutory, like LIC, ONGC, SAIL, etc.)
The Supreme Court has interpreted this to include even private bodies or agencies acting as instruments of the State.
This broad definition ensures that any actions by these entities that violate Fundamental Rights can be challenged in courts.

Equality before Law and Equal Protection of Laws

Article 14 guarantees equality before the law and equal protection of the laws within India.
The principle of "equality before the law" originates from British law, while "equal protection of the laws" is derived from the American Constitution.
Certain exceptions exist to this principle, including the President of India, Governors of States, MPs, MLAs, foreign sovereigns, ambassadors, and diplomats.

Prohibition of Discrimination on Certain Grounds

Article 15 prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth.
The key words are "discrimination" and "only," indicating that other grounds for discrimination are not necessarily prohibited.
The article includes several exceptions for special provisions, including:
- Special provisions for women and children (e.g., reservations for women in local bodies, free education for children)
- Special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes (e.g., reservations in public educational institutions)
- Special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes, regarding admission to educational institutions, including private ones, except for minority educational institutions.
- Special provisions for the advancement of economically weaker sections of citizens, including up to a 10% reservation in educational institutions (except minority ones).

Equality of Opportunity in Public Employment

Article 16 ensures equality of opportunity for all citizens in matters of employment or appointment to public office.
Discrimination based on religion, race, caste, sex, descent, place of birth, or residence is forbidden in public employment.
However, some exceptions apply:
- Parliament can prescribe residence as a condition for specific employment or appointment in a state or union territory.
- The State can implement reservations for backward classes that are underrepresented in state services.
- Laws can require that certain positions in religious or denominational institutions be filled by individuals belonging to the relevant religion or denomination.
- Up to 10% reservation for economically weaker sections for appointments or posts is permitted.

Abolition of Untouchability

Article 17 abolishes "untouchability" and forbids its practice in any form.

Abolition of Titles

Article 18 abolishes titles and lays down specific provisions:
- The State cannot confer titles (except military or academic distinctions) on anyone, citizen or foreigner.
- Indian citizens are prohibited from accepting titles from foreign states.
- Foreigners holding positions of profit or trust under the State cannot accept titles from foreign states without the President's consent.
- No citizen or foreigner holding a position of profit or trust under the State is to accept presents, emoluments, or offices from foreign states without the President's consent.

Right to Freedom (Articles 19-22)

This section encompasses several fundamental rights related to freedom:
- Protection of six rights regarding:
  - Freedom of speech and expression
  - Freedom of assembly
  - Freedom of association
  - Freedom of movement
  - Freedom of residence
  - Freedom to practice any profession or carry on any occupation, trade, or business (originally seven rights, but "right to acquire, hold and dispose of property" was deleted by the 44th Amendment Act of 1978)
- Protection in respect of conviction for offenses
- Protection of life and personal liberty
- Right to elementary education
- Protection against arrest and detention in certain cases

Protection of Six Rights (Article 19)

Article 19 guarantees the six rights mentioned above to all citizens.

Protection in Respect of Conviction for Offences

Article 20 provides protection against arbitrary and excessive punishment for accused persons, including citizens, foreigners, and legal entities like companies and corporations.

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Description

This quiz explores the definitions and principles outlined in the Indian Constitution regarding the term 'State' and the fundamental right to equality. It includes Article 12's broad definition of 'State' and Article 14's guarantees of equality before the law. Test your understanding of these essential constitutional provisions.