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Questions and Answers
What does Article 25 guarantee to individuals?
Which article prohibits discrimination by the state in educational institutions based on religion, race, caste, or language?
What is the significance of Article 32 according to Ambedkar?
Which writ is issued to command public officials to perform their duties?
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Which article grants minorities the right to establish and administer educational institutions of their choice?
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Which fundamental right ensures equality before the law in India?
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What is prohibited under Article 23 of the Indian Constitution?
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Which article provides the right to education in India?
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What is one of the protections offered under Article 20 concerning criminal conviction?
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Which article addresses the prohibition of employment of children in factories?
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Study Notes
Fundamental Rights of Indian Citizens
- The Constitution of India guarantees fundamental rights to all citizens to ensure a just and egalitarian society.
- These rights protect individuals from state interference and ensure their basic freedoms and dignities.
Definition of State
- Article 12 defines "the State" within the context of Fundamental Rights.
- It includes the Government, Parliament, and various state organs like the Judiciary, executive, and local authorities.
Equality Before the Law
- Article 14 guarantees "Equality before the Law" and "Equal Protection of the Laws" for all citizens.
- This means that the law applies uniformly to everyone, regardless of their status, background, or beliefs.
Prohibition of Discrimination
- Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth.
- This ensures equal treatment and opportunities for everyone.
Equality of Opportunity in Public Employment
- Article 16 promotes equality of opportunity in government jobs.
- It prevents discrimination and ensures merit-based selection processes.
Abolition of Untouchability
- Article 17 abolishes the practice of untouchability, which was a historical social evil in India.
- This article aims to create a society where all individuals have equal social dignity and rights.
Abolition of Titles
- Article 18 prohibits the State from conferring titles on individuals, except for military and academic awards.
- This provision aims to prevent the rise of a hereditary aristocracy and promotes a merit-based society.
Protection of Certain Rights
- Article 19 guarantees fundamental rights related to freedom of speech and expression, assembly, association, movement, residence, and profession.
Protection in respect of convictions for offenses:
- Article 20 provides safeguards against retrospective criminal legislation, double jeopardy, and self-incrimination.
Protection of Life and Personal Liberty
- Article 21 guarantees the right to life and personal liberty.
- It has been interpreted broadly by the Supreme Court to include various rights, such as:
- Right to livelihood
- Right to a pollution-free environment
- Right to privacy
- Right to shelter
- Right to health
- Right to free education up to 14 years of age
- Right to free legal aid
- Right to information
- Right to electricity
Right to Education
- Article 21A recognizes the right to education as a fundamental right.
- This has been declared a fundamental right by the 86th Amendment (2002).
- The Supreme Court considers this right the 'heart of fundamental rights'.
Protection against Arrest and Detention
- Article 22 provides safeguards against arbitrary arrest and detention.
- Those arrested must be informed of the reason for their arrest and have the right to consult a lawyer.
- They must be produced before a magistrate within 24 hours of arrest.
- These protections do not apply to enemy aliens or people arrested under Preventive Detention laws.
Prohibition of Traffic in Human Beings and Forced Labor
- Article 23 prohibits the traffic in human beings and forced labor.
- It aims to prevent exploitation and safeguard individual freedom.
Prohibition of Employment of Children in Factories
- Article 24 prohibits the employment of children in factories and hazardous occupations.
- This aims to protect children's rights and ensure their well-being.
Freedom of Religion
- Article 25 guarantees the freedom of conscience and the free profession, practice, and propagation of religion.
- This right allows individuals to choose their religion freely and practice it according to their beliefs.
Freedom to Manage Religious Affairs
- Article 26 gives religious denominations or their sections the freedom to manage their religious affairs.
Freedom from Taxation for the Promotion of a Religion
- Article 27 prohibits the state from imposing taxes for the promotion of any particular religion.
Freedom from Attending Religious Instruction
- Article 28 protects individuals from being compelled to attend religious instruction or take part in religious ceremonies in state-funded educational institutions.
Protection of Interests of Minorities
- Article 29(1) recognizes the rights of any section of the citizens to conserve their language, script, or culture.
- Article 29(2) prohibits the state from discriminatory access to educational institutions.
Rights of Minorities
- Article 30(1) grants religious or linguistic minorities the right to establish and administer educational institutions of their choice.
- Article 30(2) prohibits the state from discriminating against minority institutions while granting aid to educational institutions.
Right to Property
- Article 31, which dealt with the right to property was repealed by the 44th Amendment Act (1978)
Right to Constitutional Remedies
- Article 32 guarantees the right to constitutional remedies, which is considered the 'soul and heart of the Constitution'.
- This right allows individuals to approach the Supreme Court for enforcing fundamental rights.
Types of Writs
- The Supreme Court has the power to issue five types of writs:
Habeas Corpus
- This writ is used to secure the release of someone illegally detained, ensuring their freedom and protecting personal liberty.
Mandamus
- It is used to direct public authorities to perform their legal duties.
Certiorari
- This writ is issued to quash the orders of a lower court or tribunal that has acted in excess of its jurisdiction or violated principles of natural justice.
Prohibition
- This writ is issued to prevent a lower court or tribunal from proceeding further in a matter where it has no jurisdiction or has violated principles of natural justice.
Quo Warranto
- This writ is used to inquire into the validity of a person's right to hold a public office.
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Description
This quiz explores the fundamental rights guaranteed to Indian citizens by the Constitution. It covers key articles, including definitions of the state, equality before the law, prohibition of discrimination, and equality of opportunity in public employment. Test your knowledge on how these rights promote justice and equality in society.
