Indian Constitution Articles 12 and 13 Quiz

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Questions and Answers

What is one of the conditions that indicates a corporation may be considered an instrumentality or agency of the state?

Limited public interest and safety concerns

Incorporation under private law

Substantial financial assistance from the State (correct)

Ownership exceeding 50% by private individuals

Which of the following best describes the term 'local authorities' as defined in Article 12?

Government-owned corporations and trusts only

Organizations under the umbrella of state functions including various boards and trusts (correct)

Any private organization operating within the Indian territory

Authorities related solely to urban planning and development

What factor strongly supports a corporation being classified as an instrumentality or agency of the state?

Dependence on foreign investments for funding

Minimal involvement in public welfare activities

Government transfer of a department to the corporation (correct)

Market competition with private sector firms

Which of the following entities is NOT considered a local authority under Article 12?

Private limited companies Signup and view all the answers

Which principle suggests that no individual is above the law in India?

Equality before the law Signup and view all the answers

In the context of determining whether a corporation is an instrumentality of the state, which of the following is considered a strong indication?

Monopoly status conferred by the State Signup and view all the answers

What does the principle of 'equal protection of the laws' primarily prevent?

Discrimination and favoritism Signup and view all the answers

To whom does Article 14 of the Indian Constitution extend its protections?

All persons, including corporations Signup and view all the answers

Which landmark case recognized the right to equality as a fundamental right under the Indian Constitution?

Indra Sawhney v. Union of India Signup and view all the answers

Which amendment influenced the principle of 'equal protection of the laws' in Article 14?

Fourteenth Amendment Signup and view all the answers

Which of the following statements correctly reflects the provisions of Article 15(1) of the Indian Constitution?

It prohibits discrimination on grounds of religion, race, caste, sex, and place of birth. Signup and view all the answers

What does Article 15(2) of the Indian Constitution ensure for its citizens?

Freedom to access shops and public places without discrimination. Signup and view all the answers

Which segment of Article 15 allows special provisions for women and children?

15(3) Signup and view all the answers

What does Article 15(5) specifically provide for regarding educational institutions?

It enables special provisions for socially and educationally backward classes for admission. Signup and view all the answers

Which of the following is an exception allowed under Article 15 of the Indian Constitution?

The provision of separate educational facilities for women. Signup and view all the answers

What is prohibited under Article 16(2) in matters of public employment?

Discrimination based on religion, race, caste, sex, or place of birth Signup and view all the answers

According to Article 16(4), what provision can be made for certain groups?

Reservations for backward classes Signup and view all the answers

Which statement about economically weaker sections as defined in Article 15 is true?

They can be categorized by family income and economic disadvantage indicators. Signup and view all the answers

What exception does Article 16(5) provide regarding employment?

Certain offices connected with religious bodies may reserve positions for particular classes of persons. Signup and view all the answers

What does Article 15(5) state about special provisions for the advancement of economically weaker sections?

They can be made for both aided and unaided educational institutions, subject to certain limits. Signup and view all the answers

What does Article 16(4A) allow the State to do in regards to promotions?

Reserve promotions for classes inadequately represented in State services. Signup and view all the answers

How does Article 16(6) limit the reservation for economically weaker sections?

It sets a maximum of ten percent of posts per category for reservations. Signup and view all the answers

What unique provision does Article 16(4B) create regarding unfilled vacancies?

Unfilled vacancies are treated as a separate class for future filling. Signup and view all the answers

What is the primary focus of Article 17 in the Indian Constitution?

Abolishing untouchability and preventing its practice. Signup and view all the answers

What is stated regarding the enforcement of disabilities arising from untouchability?

Parliament must provide the punishment for such violations. Signup and view all the answers

What is the main purpose of Article 18 in the Indian Constitution?

To prohibit the conferment of titles that create social inequality. Signup and view all the answers

Which of the following is NOT a restriction mentioned in Article 18 regarding titles?

Only academic distinctions can be conferred by the State. Signup and view all the answers

Which of the following freedoms is NOT included under Article 19?

Right to participate in trade unions Signup and view all the answers

According to Article 19, which right ensures that a citizen can reside anywhere in India?

Right to settle and reside in any part of India Signup and view all the answers

What is implied by the hierarchical structure of freedoms under Article 19?

Some freedoms are granted priority over others. Signup and view all the answers

What is required for a restriction imposed on the freedoms under Article 19 to be considered valid?

It must be reasonable and imposed by law. Signup and view all the answers

Which of the following is NOT a permissible restriction on the freedom of speech and expression as stated in Article 19(2)?

Promotion of artistic expression Signup and view all the answers

According to the provisions of Article 19, which condition is essential for imposing restrictions on freedoms?

The restrictions should meet specific legislative criteria. Signup and view all the answers

Which of the following best describes the nature of freedoms under Article 19?

Natural rights with specific regulatory frameworks. Signup and view all the answers

What role does the Legislature play regarding the freedom of speech and expression under Article 19(2)?

It can legislate reasonable restrictions as necessary. Signup and view all the answers

What is the primary function of Article 13 regarding existing laws?

It allows courts to disregard pre-constitution laws only after a declaration of invalidity. Signup and view all the answers

Which aspect of future laws is explicitly prohibited under Article 13(2)?

Limiting or taking away rights guaranteed under Part III of the Constitution. Signup and view all the answers

How does Article 13 define the term 'law'?

Broadly to include various forms of legal regulations and customs. Signup and view all the answers

What significant change did the Twenty-Fourth Amendment Act of 1971 bring to Article 13?

It excluded constitutional amendments made under Article 368 from Article 13's scope. Signup and view all the answers

Which of the following judicial doctrines has NOT been developed under Article 13?

Exhaustion Signup and view all the answers

Study Notes

Article 12: State

Defines "the State" to include the government and parliament of India, state governments, legislatures, and local authorities
Local authorities include municipalities, district boards, panchayats, improvement trusts, port trusts, and mining settlement boards
The Supreme Court in Ajay Hasia v. Khalid Mujib established criteria to determine if a corporation is an instrumentality or agency of the state
- Government ownership of entire share capital, substantial financial assistance from the state, monopoly status, state control, crucial public functions, and government department transfers suggest instrumentality or agency

Article 13: Justiciability of Fundamental Rights

Outlines how existing and future laws are assessed in relation to fundamental rights
Article 13(1) concerns laws in force before the Indian Constitution
- A court's declaration of invalidity is necessary for disregarding them
- Pre-constitution law contradicting fundamental rights is void to the extent of the conflict
Article 13(2) applies to laws enacted after the Constitution
- The State cannot make laws diminishing rights guaranteed in Part III
Defines "law" to include ordinances, orders, by-laws, rules, regulations, notifications, customs, and usages
The 24th Amendment excluded constitutional amendments under Article 368 from the scope of Article 13
Article 13 has been judicially reviewed with doctrines like eclipse, severability, prospective overruling, and acquiescence

Article 15: Prohibition of Discrimination

Guarantees no discrimination against citizens on grounds of religion, race, caste, sex, or place of birth
Prohibits restricting access to shops, public places, wells, tanks, bathing ghats, roads, and public resorts
Allows special provisions for women and children and for the advancement of backward classes
Clause 15(5) allows special provisions for socially and educationally backward classes or Scheduled Castes and Tribes
- Does not apply to minority educational institutions covered under Article 30(1)

Article 14: Equality Before Law and Equal Protection of the Laws

Guarantees equality before the law and equal protection of the laws for all persons in India
Equality before the law ensures everyone is subject to ordinary courts and no one is above the law
Equal protection of the laws ensures equal application of laws, preventing discrimination
Applies to all persons, including corporations
Recognized as a basic feature of the Indian Constitution
Influenced by the Fourteenth Amendment to the US Constitution

Article 16: Equality of Opportunity in Public Employment

Ensures equal opportunity in public employment and appointment
Prohibits discrimination based on religion, race, caste, sex, place of birth, or residence
Allows for laws requiring state residence for specific employment classes.
Allows reservations for backward classes
Allows offices connected with religious bodies to be reserved for particular classes
The economically weaker sections criteria is defined by the State.

Article 16(4A)

Allows reservations in promotions for Scheduled Castes and Scheduled Tribes who are underrepresented in public services

Article 16(6)

Allows reservations for economically weaker sections of citizens in addition to existing reservations, subject to a 10% cap.

Article 16(4B)

Allows unfilled reservation vacancies from one year to be carried over to subsequent years, not affecting the 50% reservation ceiling in a given year

Article 17: Abolition of Untouchability

Abolishes untouchability and forbids its practice
Enforcing any disability arising from untouchability is an offense punishable by law
Untouchability does not include instigating social boycotts
Parliament provides punishment under Article 35(a)(ii)

Article 18: Abolition of Titles

Prohibits the State from conferring titles, except for military or academic distinctions
Prohibits Indian citizens from accepting foreign titles
Prohibits non-citizens holding state office or trust from accepting foreign titles without presidential consent
Prohibits state office or trust holders from accepting gifts, payments, or other offices without presidential consent

Article 19: Freedoms under Article 19

Guarantees six freedoms: speech and expression, peaceful assembly, forming associations, free movement throughout India, residing and settling in India, and exercising any trade or profession
These freedoms are subject to reasonable restrictions outlined in clauses (2) to (6)
Restrictions must be imposed by law, be reasonable, and achieve the objects outlined in the respective clauses

Permissible Restrictions on Freedom of Speech and Expression

Restricting freedom of speech is permissible under these grounds: sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, incitement to an offence

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Description

Test your knowledge on Articles 12 and 13 of the Indian Constitution, focusing on the definition of 'the State' and the justiciability of fundamental rights. This quiz covers the criteria established by the Supreme Court to determine an instrumentality of the State as well as the implications of pre-constitution laws on fundamental rights.