Indian Constitution: Articles 19-22

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Questions and Answers

Which part of the Indian Constitution contains Articles 19 to 22?

  • Part IV (Directive Principles of State Policy)
  • Part II (Citizenship)
  • Part III (Fundamental Rights) (correct)
  • Part IV A (Fundamental Duties)

What is the primary subject matter of Articles 19 to 22 of the Indian Constitution?

  • Financial regulations
  • Electoral procedures
  • Emergency powers
  • Fundamental rights (correct)

Which of the following freedoms is guaranteed under Article 19 of the Indian Constitution?

  • Freedom to assemble peaceably (correct)
  • Right to employment
  • Right to property
  • Right to education

Under Article 19, what is one of the reasonable restrictions on the freedom of speech and expression?

<p>Sovereignty and integrity of India (D)</p> Signup and view all the answers

According to Article 19, citizens have the freedom to form:

<p>Associations or unions (B)</p> Signup and view all the answers

Which of the following is a freedom guaranteed under Article 19 regarding movement?

<p>Freedom to move freely throughout India (B)</p> Signup and view all the answers

What does Article 20 of the Indian Constitution primarily address?

<p>Protection in respect of conviction for offenses (B)</p> Signup and view all the answers

What protection does the 'Ex-Post Facto Law' principle under Article 20(1) provide?

<p>Protection against being punished for acts that were not illegal when committed (A)</p> Signup and view all the answers

What is 'double jeopardy' as described in Article 20(2)?

<p>Being punished twice for the same offense (A)</p> Signup and view all the answers

Article 20(3) provides protection against:

<p>Self-incrimination (C)</p> Signup and view all the answers

Article 21 of the Indian Constitution guarantees:

<p>Protection of life and personal liberty (D)</p> Signup and view all the answers

According to the Supreme Court's interpretation of Article 21, what is included within the right to life?

<p>Right to live with dignity (A)</p> Signup and view all the answers

Which of the following rights is covered under Article 21, according to Supreme Court interpretations?

<p>Right to privacy (D)</p> Signup and view all the answers

Article 22 of the Indian Constitution provides protection against:

<p>Arbitrary arrest and detention (A)</p> Signup and view all the answers

Under Article 22, what is the right of an individual upon being arrested?

<p>Right to be informed of the reasons for arrest (B)</p> Signup and view all the answers

According to Article 22, within what time period must an arrested person be presented before a magistrate?

<p>Within 24 hours (A)</p> Signup and view all the answers

What does 'preventive detention' under Article 22 allow the government to do?

<p>Detain individuals without trial for national security reasons (B)</p> Signup and view all the answers

What is the maximum period for which a person can be detained under preventive detention without approval from an Advisory Board, according to Article 22?

<p>3 months (A)</p> Signup and view all the answers

Which article of the Indian Constitution ensures that no person shall be deprived of their life or personal liberty except according to procedure established by law?

<p>Article 21 (B)</p> Signup and view all the answers

Article 19(1)(a) of the Indian Constitution refers to:

<p>Freedom of speech and expression (C)</p> Signup and view all the answers

Which freedom under Article 19 allows citizens to carry out any occupation, trade, or business?

<p>Freedom to practice any profession or to carry on any occupation, trade or business (D)</p> Signup and view all the answers

What is the primary focus of Article 20 regarding criminal laws?

<p>Preventing arbitrary punishment (C)</p> Signup and view all the answers

Which of the following rights falls under Article 21, as interpreted by the Supreme Court?

<p>Right to a healthy environment (C)</p> Signup and view all the answers

Under Article 22, what is the right of an arrested person regarding legal consultation?

<p>Right to consult a lawyer (A)</p> Signup and view all the answers

Which article gives the rights to be informed on the grounds of arrest?

<p>Article 22 (C)</p> Signup and view all the answers

The freedom assemble peacably without arms falls under which article?

<p>Article 19(1)(b) (B)</p> Signup and view all the answers

Which article discusses freedom of movement?

<p>Article 19(1)(d) (D)</p> Signup and view all the answers

Article 20 does not mention protection from:

<p>Being held without being informed of the grounds of arrest (D)</p> Signup and view all the answers

Which article can be restricted based on public order?

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

Which article is not about protecting individual freedoms?

<p>Article 23 (B)</p> Signup and view all the answers

Which article discusses rights of freedom?

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

Which right does Article 21 explicitly state?

<p>Right to personal liberty (C)</p> Signup and view all the answers

What is a key difference between Article 19 and Articles 20-22?

<p>Article 19 grants freedoms, while Articles 20-22 protect against arbitrary state action (A)</p> Signup and view all the answers

Which of the following cannot be restricted?

<p>Right to electricity (C)</p> Signup and view all the answers

How long can the government hold someone in preventative detention?

<p>3 months (D)</p> Signup and view all the answers

Is the right to a lawyer absolute?

<p>No (A)</p> Signup and view all the answers

Article 20 includes double:

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

Which of these court cases is mentioned?

<p>K.S. Puttaswamy case (B)</p> Signup and view all the answers

Which Article protects scheduled tribes:

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

Which article protects against self-incrimination?

<p>Article 20(3) (D)</p> Signup and view all the answers

In which part of the Indian Constitution are Articles 19 to 22 located?

<p>Part III (Fundamental Rights) (B)</p> Signup and view all the answers

Which article of the Indian Constitution pertains to the protection of life and personal liberty?

<p>Article 21 (D)</p> Signup and view all the answers

What is the focus of Article 22 of the Indian Constitution?

<p>Protection Against Arrest and Detention (D)</p> Signup and view all the answers

Under which article of the Indian Constitution is the freedom to practice any profession or trade guaranteed?

<p>Article 19(1)(g) (D)</p> Signup and view all the answers

Article 20 includes protection from being punished more than once for the same crime. What is this protection commonly known as?

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

Flashcards

Article 19

Guarantees six fundamental freedoms to Indian citizens.

Freedom of Speech and Expression

Citizens can express their views freely through speech, writing, or any other medium.

Freedom to Assemble Peaceably

Citizens can peacefully gather without arms.

Freedom to Form Associations

Citizens can form associations, unions, or cooperative societies.

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Freedom to Move Freely

Citizens can travel or reside in any part of India.

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Freedom to Reside and Settle

Citizens can reside and settle in any part of India.

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Freedom to Practice Any Profession

Citizens can carry out any profession, trade, or business.

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Article 20

Protects individuals from arbitrary criminal laws.

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Ex-Post Facto Law

No person can be punished under a law that was not in force when the act was committed.

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Double Jeopardy

No person can be punished twice for the same offense.

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Self-Incrimination Protection

No person accused of an offense can be forced to be a witness against themselves.

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Article 21

No person shall be deprived of life or personal liberty except according to procedure established by law.

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Right to Live with Dignity

Right to live with dignity as part of Article 21 interpretation.

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Right to Privacy

The right to keep your personal matters private.

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Right to Clean Air and Water

Inherent part of Article 21.

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Right to Livelihood

The right to earn a basic living.

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Article 22

Protects against arbitrary arrests and prescribes safeguards.

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Right to Know Arrest Reasons

Right to be informed about the reasons for arrest.

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Right to Consult a Lawyer

Right to consult a lawyer.

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Right to See a Magistrate

Right to be presented before a magistrate within 24 hours.

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24-Hour Detention Limit

No detention beyond 24 hours without magistrate’s permission.

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Preventive Detention

Detaining someone without trial to prevent future threats.

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Study Notes

  • Articles 19 to 22 of the Indian Constitution are fundamental rights which protect freedom, personal liberty, and prevent arbitrary arrest and detention.

Article 19: Protection of Six Freedoms

  • Grants six fundamental freedoms to Indian citizens.

  • These freedoms are subject to reasonable restrictions.

  • Freedom of Speech and Expression (19(1)(a)):

    • Citizens can freely express their views through any medium.
    • Restrictions include sovereignty, security, friendly relations with foreign states, public order, decency, contempt of court, defamation, and incitement to an offense.
  • Freedom to Assemble Peaceably (19(1)(b)):

    • Citizens can gather peacefully without arms.
    • Restrictions: Sovereignty, security, public order.
  • Freedom to Form Associations or Unions (19(1)(c)):

    • Citizens can form associations, unions, or cooperative societies.
    • Restrictions: Morality, public order, sovereignty.
  • Freedom to Move Freely throughout India (19(1)(d)):

    • Citizens can travel or reside in any part of India.
    • Restrictions: Security, public order, protection of scheduled areas.
  • Freedom to Reside and Settle Anywhere in India (19(1)(e)):

    • Citizens can reside and settle in any part of India.
    • Restrictions: Interests of Scheduled Tribes, public order, security.
  • Freedom to Practice Any Profession or Trade (19(1)(g)):

    • Citizens can carry out any profession, trade, or business.
    • Restrictions: Public interest, professional qualifications, monopolies.

Article 20: Protection in Respect of Conviction for Offenses

  • Provides three key protections against arbitrary criminal laws.
  • Ex-Post Facto Law (20(1)):
    • No person can be punished under a law that was not in force when the act was committed.
  • Double Jeopardy (20(2)):
    • No person can be punished twice for the same offense.
  • Self-Incrimination Protection (20(3)):
    • No person accused of an offense can be forced to be a witness against themselves.

Article 21: Protection of Life and Personal Liberty

  • No person shall be deprived of life or personal liberty except according to procedure established by law.
  • Interpretation by Supreme Court:
    • Right to Live with Dignity (Maneka Gandhi case, 1978).
    • Right to Privacy (K.S. Puttaswamy case, 2017).
    • Right to Clean Air, Water, and a Healthy Environment.
    • Right to Livelihood.

Article 22: Protection Against Arrest and Detention

  • Provides protection against arbitrary arrests and prescribes safeguards.

  • Rights in Case of Ordinary Arrest (Clauses 1-2):

    • Right to be informed about the reasons for arrest.
    • Right to consult a lawyer.
    • Right to be presented before a magistrate within 24 hours.
    • No detention beyond 24 hours without magistrate’s permission.
  • Preventive Detention (Clauses 3-7):

    • The government can detain a person without trial to prevent future threats.
    • Maximum period is 3 months, after which an Advisory Board must approve further detention.

Conclusion:

  • Articles 19 to 22 collectively protect fundamental freedoms, legal rights, and personal liberty.
  • Article 19 grants freedoms while Articles 20-22 protect individuals from arbitrary state action.
  • Reasonable restrictions exist to balance these rights with national security and public order.

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