Indian Constitution Articles 23-24

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Questions and Answers

Which article of the Indian Constitution prohibits traffic in human beings?

  • Article 26
  • Article 24
  • Article 23 (correct)
  • Article 25

What does 'begar' refer to under Article 23?

  • Work that is part-time
  • Work involving hazardous materials
  • Work that requires extensive travel
  • Work without payment (correct)

According to Article 24, what is the minimum age for employment in hazardous jobs?

  • 18 years
  • 12 years
  • 14 years (correct)
  • 16 years

Which Act reinforces Article 24 regarding child labor?

<p>The Child Labour (Prohibition and Regulation) Act, 1986 (A)</p> Signup and view all the answers

Article 25 guarantees the freedom to:

<p>Profess, practice, and propagate any religion (B)</p> Signup and view all the answers

According to Article 26, religious denominations have the right to:

<p>establish and maintain institutions for religious purposes (B)</p> Signup and view all the answers

Article 27 provides freedom from:

<p>paying taxes for the promotion of a particular religion (B)</p> Signup and view all the answers

What does Article 28 prohibit in government-run educational institutions?

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

Article 29 protects the interests of:

<p>Religious or linguistic minorities (C)</p> Signup and view all the answers

Under Article 30, minorities have the right to:

<p>Establish and administer educational institutions (D)</p> Signup and view all the answers

Which article allows individuals to directly approach the Supreme Court if their fundamental rights are violated?

<p>Article 32 (C)</p> Signup and view all the answers

What does Habeas Corpus mean?

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

What is the purpose of the writ of Mandamus?

<p>To perform a public duty (B)</p> Signup and view all the answers

The writ of Prohibition aims to:

<p>Prevent a lower court from exceeding its powers (A)</p> Signup and view all the answers

What is the function of the writ of Certiorari?

<p>To review a lower court’s decision (C)</p> Signup and view all the answers

What does the writ of Quo Warranto prevent?

<p>Illegal occupation of a public post (B)</p> Signup and view all the answers

According to the Supreme Court, which article is the “heart and soul” of the Constitution?

<p>Article 32 (A)</p> Signup and view all the answers

Articles 23 to 32 primarily focus on:

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

Compulsory services for public purposes are allowed under Article 23 if:

<p>The service is done fairly (D)</p> Signup and view all the answers

In People's Union for Democratic Rights v. Union of India (1982), the Supreme Court ruled that non-payment of ____ is a form of forced labour.

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

Which fundamental right do Articles 23 and 24 collectively address?

<p>Right against Exploitation (D)</p> Signup and view all the answers

The State can regulate secular activities related to religion EXCEPT:

<p>Promoting a particular religion (B)</p> Signup and view all the answers

Article 26 allows religious denominations to:

<p>Own and acquire property (D)</p> Signup and view all the answers

Which of the following is NOT a right granted to religious denominations under Article 26?

<p>To receive mandatory donations from all citizens (A)</p> Signup and view all the answers

The government cannot use tax revenue to fund religious activities, according to:

<p>Article 27 (A)</p> Signup and view all the answers

Private institutions receiving government aid CANNOT:

<p>Force religious instruction on students (A)</p> Signup and view all the answers

Which article ensures that minorities can preserve their culture?

<p>Article 29 (D)</p> Signup and view all the answers

Article 29 primarily focuses on protecting the cultural identity of:

<p>Religious or linguistic minorities (B)</p> Signup and view all the answers

Which article gives minorities the right to establish their own educational institutions?

<p>Article 30 (A)</p> Signup and view all the answers

Under Article 30, the government CANNOT discriminate against minority institutions in:

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

Article 32 empowers the Supreme Court to issue:

<p>Writs for the enforcement of rights (D)</p> Signup and view all the answers

Which writ is used to protect against illegal detention?

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

The writ of Mandamus is an order to:

<p>Perform a public duty (A)</p> Signup and view all the answers

Which writ prevents a lower court from exceeding its jurisdiction?

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

Certiorari allows a higher court to:

<p>Review a lower court’s decision (C)</p> Signup and view all the answers

The writ of Quo Warranto is concerned with:

<p>Illegal occupation of a public post (D)</p> Signup and view all the answers

According to Article 32, who is the guardian of the Constitution?

<p>The Supreme Court (D)</p> Signup and view all the answers

Which of these rights is NOT specifically covered by Articles 23 to 32?

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

Aligarh Muslim University (AMU) is an example of a minority institution under:

<p>Article 30 (C)</p> Signup and view all the answers

What does Article 23 of the Indian Constitution primarily prohibit?

<p>Traffic in human beings and forced labor (B)</p> Signup and view all the answers

According to Article 25, what is guaranteed to all citizens?

<p>Freedom of conscience and religion (B)</p> Signup and view all the answers

What right does Article 30 grant to minorities?

<p>The right to establish and administer educational institutions (C)</p> Signup and view all the answers

Under Article 32, who has the power to issue writs for the enforcement of fundamental rights?

<p>The Supreme Court (A)</p> Signup and view all the answers

What type of institution is prohibited from providing religious instruction under Article 28?

<p>Government-run educational institutions (A)</p> Signup and view all the answers

Flashcards

Article 23

Prohibits human trafficking, forced labor, and begar (work without payment); applies to both the State and private individuals.

Article 24

Bans employment of children below 14 years in factories, mines, or hazardous jobs to protect them from exploitation.

People's Union for Democratic Rights v. Union of India (1982)

The Supreme Court ruled that non-payment of minimum wages is a form of forced labor.

Article 25

Guarantees freedom to profess, practice, and propagate any religion, subject to public order, morality, and health.

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Article 26

Religious denominations can establish/maintain institutions, own property, and manage religious affairs independently, with some state regulation for social welfare.

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Article 27

No person can be forced to pay taxes for promoting or maintaining a particular religion; government cannot fund religious activities with tax revenue.

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Article 28

Religious instruction is prohibited in government-run educational institutions; private institutions getting aid cannot force religious instruction.

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Article 29

Protects cultural identity of religious or linguistic minorities and prevents discrimination in education based on language, religion, or culture.

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Article 30

Religious and linguistic minorities can set up their own educational institutions, and the government cannot discriminate against these institutions while giving financial aid.

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Article 32

Allows individuals to approach the Supreme Court directly if their fundamental rights are violated; the Supreme Court can issue writs for enforcement.

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Habeas Corpus

Produce the body - protection against illegal detention.

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Mandamus

Order to perform a public duty.

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Prohibition

Prevents a lower court from exceeding its powers.

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Certiorari

Higher court reviews a lower court’s decision.

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Quo Warranto

Prevents an illegal occupation of a public post.

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Kesavananda Bharati v. State of Kerala (1973)

SC ruled that Article 32 is the “heart and soul” of the Constitution.

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Study Notes

  • Articles 23 to 32 of the Indian Constitution protect fundamental rights, focusing on freedom, anti-exploitation, religious freedom, cultural and educational rights, and constitutional remedies.

Right Against Exploitation (Articles 23-24)

  • Articles 23 and 24 of the Indian Constitution deal with Right Against Exploitation

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

  • Human trafficking, forced labor, and begar (unpaid work) are prohibited by this article
  • Applies to both the State and private individuals
  • The State can impose compulsory service for public purposes, without unfairness
  • People's Union for Democratic Rights v. Union of India (1982): The Supreme Court decided that not paying minimum wages constitutes forced labor.

Article 24: Prohibition of Employment of Children in Factories

  • Employment of children under 14 in factories, mines, or hazardous jobs is banned
  • The Child Labour (Prohibition and Regulation) Act, 1986 and the Right to Education (RTE) Act, 2009 reinforce this article

Right to Freedom of Religion (Articles 25-28)

  • Articles 25 to 28 of the Indian Constitution deal with Right to Freedom of Religion

Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

  • Guarantees the freedom to profess, practice, and spread any religion
  • Subject to public order, morality, and health
  • The State can regulate secular activities related to religion, such as social reforms

Article 26: Freedom to Manage Religious Affairs

  • Religious groups can establish and maintain institutions, own property, and manage religious affairs independently
  • The State can regulate religious institutions for social welfare

Article 27: Freedom from Taxation for Promotion of Religion

  • Individuals cannot be forced to pay taxes to promote or maintain a particular religion
  • Tax revenue cannot be used by the government to fund religious activities

Article 28: Freedom from Religious Instruction in Certain Institutions

  • Religious instruction is banned in government-run educational institutions
  • Private institutions receiving government aid cannot mandate religious instruction
  • Institutions managed by religious groups can provide religious teachings

Cultural and Educational Rights (Articles 29-30)

  • Articles 29 and 30 of the Indian Constitution deal with Cultural and Educational Rights

Article 29: Protection of Interests of Minorities

  • Protects the cultural identity of religious or linguistic minorities
  • Prevents discrimination in education based on language, religion, or culture
  • Tamil-speaking minorities in Karnataka have the right to preserve their language and culture

Article 30: Right of Minorities to Establish and Administer Educational Institutions

  • Religious and linguistic minorities can establish their own educational institutions
  • The government cannot discriminate against these institutions when providing financial aid
  • Aligarh Muslim University (AMU) and St. Xavier’s College are minority institutions under Article 30

Right to Constitutional Remedies (Articles 32-35)

  • Articles 32 to 35 of the Indian Constitution deal with Right to Constitutional Remedies

Article 32: Right to Constitutional Remedies

  • Allows individuals to directly approach the Supreme Court if their fundamental rights are violated
  • The Supreme Court can issue writs to enforce these rights

Writs

  • Habeas Corpus: protection against illegal detention
  • Mandamus: order to perform a public duty
  • Prohibition: prevents a lower court from exceeding its powers
  • Certiorari: higher court reviews a lower court’s decision
  • Quo Warranto: prevents illegal occupation of a public post
  • Kesavananda Bharati v. State of Kerala (1973): Article 32 is the “heart and soul” of the Constitution (Dr. B.R. Ambedkar’s view).

Conclusion

  • Articles 23 to 32 safeguard against exploitation, ensure religious freedom, protect minority rights, and offer legal remedies
  • Article 32 makes the Supreme Court the guardian of the Constitution
  • These articles are the foundation of social justice and individual freedom in India

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