Indian Constitution and Fundamental Rights

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Questions and Answers

Which fundamental right is directly associated with Article 32, often called the 'Heart and Soul of the Indian Constitution' by Ambedkar?

  • Right to constitutional remedies (correct)
  • Right to freedom of religion
  • Right to freedom
  • Right to elementary education

Which set of Articles in the Indian Constitution explicitly guarantees the right to religious freedom?

  • 23-24
  • 32-35
  • 25-28 (correct)
  • 29-30

To enforce Fundamental Rights, what instrument can a court issue?

  • An Ordinance
  • A notification
  • A decree
  • A writ (correct)

The prohibition of discrimination based on religion, race, caste, sex, or place of birth falls under which fundamental right category?

<p>Right to equality (B)</p> Signup and view all the answers

The guarantee that all citizens are equal before the law is enshrined in which article of the Indian Constitution?

<p>Article 14 of Indian Constitution (D)</p> Signup and view all the answers

Under what circumstances is a law NOT enforceable in an Indian court of law?

<p>If it is not part of the Constitution. (C)</p> Signup and view all the answers

Why did India adopt a federal form of government?

<p>Linguistic and regional diversity. (D)</p> Signup and view all the answers

The Indian Constitution is most closely modeled on the constitutional system of which country?

<p>UK (B)</p> Signup and view all the answers

Which part of the Indian Constitution explicitly defines India as a Secular State?

<p>Preamble to the Constitution (B)</p> Signup and view all the answers

What would be an incorrect assumption about the Preamble of the Constitution of India?

<p>It does not acknowledge, recognise or proclaim anything about the Constitution. (D)</p> Signup and view all the answers

Arrange the following ideals as they appear in the Preamble to the Constitution of India: 1. Equality of status and opportunity 2. Liberty of thought, expression, belief, faith and worship 3. Justice—social, economic and political 4. Fraternity assuring the dignity of the individual 5. Unity and integrity of the Nation

<p>3, 2, 1, 4, 5 (A)</p> Signup and view all the answers

The Indian Constitution guarantees Fundamental Rights under how many categories?

<p>6 (C)</p> Signup and view all the answers

Which Fundamental Right did Dr. B.R. Ambedkar consider the 'heart and soul' of the Constitution?

<p>Right to Constitutional remedies (A)</p> Signup and view all the answers

In which part of the Indian Constitution are the Fundamental Rights enshrined?

<p>Part III (D)</p> Signup and view all the answers

Which article ensures equality before the law and equal legal protection for all individuals within India?

<p>14 (C)</p> Signup and view all the answers

Which article explicitly abolishes Untouchability?

<p>Article 17 (C)</p> Signup and view all the answers

Which of the following accurately represents the 'Right against exploitation'?

<p>Prohibition of traffic in human beings and forced labour (B)</p> Signup and view all the answers

Which right ensures the enforcement of all other fundamental rights for every resident of the country?

<p>Right to constitutional remedies (B)</p> Signup and view all the answers

Which statement best reflects the Fundamental Rights as enshrined in the Indian Constitution?

<p>Equality of opportunity for all residents (C)</p> Signup and view all the answers

Assertion (A): The Constitution of India guarantees equality before the law and recognizes the judiciary as the guardian of people's rights.

Reason (R): [Content missing for Reason (R)]

Assuming Reason (R) is true, which of the following is most accurate?

<p>Both A and R are true, but R is not the correct explanation of A. (D)</p> Signup and view all the answers

The right to privacy as a Fundamental Right is most directly implicit in which of the following?

<p>The Right to Personal Liberty (C)</p> Signup and view all the answers

Assertion (A): An accused person cannot be compelled to give their thumb impression.

Reason (R): An accused person cannot be compelled to be a witness against themselves.

Which of the following statements is correct regarding the relationship between Assertion (A) and Reason (R)?

<p>Both A and R are true, and R is the correct explanation of A. (D)</p> Signup and view all the answers

The Right to Education is a fundamental right primarily derived from the right to:

<p>Life and personal liberty under Article 21. (B)</p> Signup and view all the answers

Under which legal instrument is the State prohibited from enacting laws that remove or diminish fundamental rights?

<p>Constitutional amendment (C)</p> Signup and view all the answers

Which of the following scenarios would most likely be considered a violation of the right to personal liberty, as interpreted to include privacy?

<p>A law enforcement agency conducts a wiretap on a suspect's phone without a valid warrant. (A)</p> Signup and view all the answers

A new law mandates that all citizens must disclose their religious affiliation to the government. Which fundamental right is MOST directly challenged by this law?

<p>Right to Freedom of Religion (B)</p> Signup and view all the answers

A state government enacts a law that favors residents of that state in employment opportunities for government jobs, despite the constitution. Which fundamental right is MOST likely being violated?

<p>Right to Equality (A)</p> Signup and view all the answers

How many fundamental duties were originally enshrined in the Indian Constitution at its inception?

<p>Zero (A)</p> Signup and view all the answers

The ten commandments introduced through the 42nd Constitutional Amendment Act are commonly referred to as what?

<p>Fundamental Duties (D)</p> Signup and view all the answers

Showing respect for the National Flag and the National Anthem is primarily considered what?

<p>A fundamental duty of every citizen (D)</p> Signup and view all the answers

Which of the following is not a fundamental duty as outlined in the Indian Constitution?

<p>To protect monuments and places of national importance (A)</p> Signup and view all the answers

Which of the following ideals is not explicitly mentioned as a Fundamental Duty in the Constitution of India?

<p>To protect the minorities. (C)</p> Signup and view all the answers

Which Articles of the Indian Constitution specifically address the protection and improvement of the environment?

<p>Both Article 48 A and Article 51 A (C)</p> Signup and view all the answers

Which of the following best describes 'humanism' in the context of fundamental duties?

<p>A worldview emphasizing reason, ethics, and the well-being of humanity. (D)</p> Signup and view all the answers

What is the main objective behind including fundamental duties in the Indian Constitution?

<p>To promote a sense of responsibility and citizenship among citizens (A)</p> Signup and view all the answers

When a state of emergency is declared, which article of the Indian Constitution is automatically suspended?

<p>Article 19 (D)</p> Signup and view all the answers

How is freedom of the press protected in India?

<p>It is implied in the right to freedom of expression. (A)</p> Signup and view all the answers

Under Article 19, which right is guaranteed to citizens as a right to freedom?

<p>The right to assemble peaceably and without arms (D)</p> Signup and view all the answers

Which fundamental right is available to both citizens and aliens?

<p>The right to equality before the law (A)</p> Signup and view all the answers

Arrange the following acts in chronological order:

  1. Scheduled Castes Order
  2. Untouchability Offences Act
  3. Protection of Civil Rights Act
  4. (Right to) Settle in any part of the territory of India

<p>1, 2, 3, 4 (D)</p> Signup and view all the answers

Flashcards

Article 32's Essence

The right to seek constitutional remedies if fundamental rights are violated.

Articles 25-28 focus

Guarantees the freedom of religion.

Court's Enforcement Tool

A court can issue this to enforce Fundamental Rights.

Non-Discrimination Basis

Falls under the right to equality.

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Article 14's right

All citizens are treated equally under the law.

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Directive Principles

Not enforceable in a court of law.

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Federal Form of Gov

A system dividing powers between a central authority and constituent units (states).

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Why Federalism in India?

India chose a federal system due to the vast territory and diversity.

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Indian Constitution's Model

The constitutional system of the UK greatly influenced the Indian Constitution.

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India as a Secular State

The Preamble declares India as a Secular State.

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Purpose of the Preamble

The Preamble is an introductory statement of the Constitution's philosophy and objectives.

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Preamble's Core Values

Justice (social, economic, political), Liberty, Equality, Fraternity, and Unity & Integrity.

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Preamble Order

Equality, Liberty, Justice, Fraternity, Unity and Integrity of the Nation (3, 1, 2, 5, 4).

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Equality Before Law & Judiciary's Role

Ensures equal legal treatment for all citizens and protects their rights through an independent judiciary.

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Right to Privacy

Recognized as part of Article 21, it protects individuals' autonomy and personal choices.

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Protection Against Self-Incrimination

Individuals can't be forced to provide self-incriminating evidence.

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Right to Education

Falls under Article 21, ensuring access to education as a core aspect of personal liberty.

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Laws Against Fundamental Rights

Laws conflicting with fundamental rights are invalid.

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The Right to Equality

Guaranteed by The Constitution of India

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The Right to Freedom

Guaranteed by The Constitution of India

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The Right to Personal Liberty

Guaranteed by The Constitution of India

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Fundamental Rights

Guaranteed freedoms ensuring basic human rights, found in Part III of the Indian Constitution.

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Right to Constitutional Remedies

Dr. B.R. Ambedkar called this the 'heart and soul' of the Constitution, enabling citizens to seek remedies for rights violations.

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Part III of the Constitution

This part of the Indian Constitution contains the Fundamental Rights.

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Equality Before Law (Article 14)

Guarantees that all individuals are treated equally before the law and have equal protection under the law within India.

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Article 17

This article abolishes the practice of untouchability, promoting social equality.

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Right Against Exploitation

Prohibits trafficking in human beings and forced labor, protecting individuals from exploitation.

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Right to Constitutional Remedies

Guarantees every resident the ability to seek legal solutions if their fundamental rights are violated.

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Sovereignty of the people

Upholds principles like equality and opportunity for all residents.

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Article 19 Right

Guarantees all citizens the freedom to move freely, reside, and settle in any part of India.

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Article Suspended During Emergency

Article 19 is automatically suspended when a national emergency is declared.

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Freedom of Press

Freedom of the press is implied within the right to freedom of expression.

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Right to Assemble (Article 19)

The right to assemble peaceably and without arms is guaranteed as a right to freedom under Article 19.

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Equality Before the Law

Guarantees equality before the law for both citizens and aliens.

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Humanism

A social philosophy emphasizing the potential of humans; valuing rational thought.

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Abolition

The act of officially ending or abolishing something, such as slavery or untouchability.

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Fundamental Duties

Moral obligations of all citizens to help promote patriotism and to uphold the unity of India.

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Spirit of Inquiry and Reform

A desire to know, investigate, and ask questions to improve society.

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Original Fundamental Duties

There were originally zero fundamental duties in the Indian Constitution at its creation.

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Fundamental Duties

The ten duties added to the Constitution via the 42nd Amendment Act.

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Respect for National Symbols

It is the citizens responsibility to respect the National Flag and National Anthem.

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Environmental Protection Articles

Article 48 A mandates the State to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51 A (g) states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

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Study Notes

Regulating Act, 1773

  • Provisions were made for establishing the Supreme Court in Calcutta.
  • Served as the initial step by the British Government to control and regulate the East India Company's affairs.

Establishment of Public Service Commission

  • The Government of India Act, 1858, enabled the establishment of the Public Service Commission.

Federal Court Establishment

  • The Indian Council Act, 1909, facilitated the creation of the Federal Court.

Termination of East India Company's Commercial Activities

  • The Charter Act, 1833, put an end to the East India Company's commercial operations.

Portfolio System Introduction

  • Lord Canning introduced the Portfolio system in India.

"An Act for the Better Government of India"

  • The Government of India Act, 1858, is known as "An Act for the Better Government of India".

Morley-Minto Reforms

  • The Indian Council Act, 1909, is recognized as the Morley-Minto Reforms.

Government of India Act, 1919

  • The Government of India Act, 1919, is also known as Montagu-Chelmsford Reforms.

Introduction of "Provincial Autonomy"

  • The Government of India Act, 1935, introduced "Provincial Autonomy".

End of Trade Monopoly

  • The Regulating Act, 1773, put an end to the trade monopoly of the East India Company.

Partition and Creation of Independent Dominions

  • The Indian Independence Act, 1947, made provision for the partition of India and the establishment of two independent dominions.

Control and Regulation of East India Company Affairs

  • The Regulating Act, 1773, was when the British Government first took steps to control and regulate the East India Company's activities.

Bicameral Legislature

  • The Government of India Act, 1919, created a bicameral Indian Legislature for the first time.

'Separate Electorate'

  • The Indian Council Act, 1909, introduced the concept of 'Separate Electorate'.

Government of India Act, 1858

  • The Government of India Act, 1858, abolished the commercial activities of the East India Company.
  • This eliminated the system of double government via the abolishment of the Board of Control and Board of Directors.

Local Representation in the Central Legislative Council

  • The Indian Council Act, 1861, first introduced local representation in the Indian (Central) Legislative Council.

Dyarchy Introduction

  • The Government of India Act, 1919, introduced Dyarchy

Government of India Act, 1935

  • The Government of India Act, 1935, provided for the establishment of a Federal Court.

Regulating Act of 1773

  • The British Parliament passed the Regulating Act of 1773 to control the East India Company.
  • It was a mandate to establish a Supreme Court at Calcutta.

Independent and Sovereign State

  • The Indian Independence Act, 1947, brought British rule to an end in India and declared India an independent and sovereign state.

End of the Dual Government System

  • The Charter Act, 1853, put an end to the system of double government by abolishing the Board of Control and Court of Directors.

Amending Act, 1781

  • In response to the defects of the Regulating Act of 1773, the British Parliament passed the Amending Act in 1781. Famously called "Act of Settlement".

System of Separate Electorate

  • The Indian Council Act, 1909 introduced the following system: Separate Electorate

Country Without a Written Constitution

  • Switzerland does not possess a written constitution.

Essential Feature of A Good Constitution

  • Comprehensiveness is not an essential feature of a good constitution.

Unwritten Constitution

  • An unwritten constitution is mostly unwritten.

Written Constitution

  • Under a written constitution, it is superior to the laws of the Parliament.

Flexible Constitution

  • A constitution is flexible assuming it can be amended by the ordinary lawmaking.

Constitution of Britain

  • A flexible constitution is found in Britain. A rigid constitution cannot be amended. A rigid constitution can be amended through a special process which is difficult than the ordinary lawmaking process

Non-feature of Constitutionalism

  • The Supremacy of individual does not represent constitutionalism.

"Social Equality"

  • Lack of opportunities does not represent "social equality"

In Indian Consitution

  • Indians are not written in the preamble of the Indian Constitution

"Secular"

  • A secular government means All religions are equal in the eyes of the government

"Indian Constitution"

  • The Indian Constitution can be described as federal in form and unitary in spirit.

"Secularism"

  • Secularism means separation of religion from State

A Federal State

  • Under a federal state, the Constitution effects division of powers between the Centre and States with safeguards agains

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