Podcast
Questions and Answers
Fundamental Rights, as outlined in the Indian Constitution, are absolute and cannot be subjected to any restrictions under any circumstances.
Fundamental Rights, as outlined in the Indian Constitution, are absolute and cannot be subjected to any restrictions under any circumstances.
False (B)
Only citizens of India can seek the enforcement of Fundamental Rights through the Supreme Court or High Court.
Only citizens of India can seek the enforcement of Fundamental Rights through the Supreme Court or High Court.
False (B)
Article 16 of the Indian Constitution guarantees equality of opportunity in matters of private employment.
Article 16 of the Indian Constitution guarantees equality of opportunity in matters of private employment.
False (B)
The Right to Property is explicitly listed as one of The Six Fundamental Rights in the Indian Constitution.
The Right to Property is explicitly listed as one of The Six Fundamental Rights in the Indian Constitution.
Article 21A guarantees right to personal wealth.
Article 21A guarantees right to personal wealth.
The Right to Constitutional Remedies empowers individuals to approach the Supreme Court for the enforcement of Directive Principles of State Policy.
The Right to Constitutional Remedies empowers individuals to approach the Supreme Court for the enforcement of Directive Principles of State Policy.
The Supreme Court can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to enforce fundamental rights.
The Supreme Court can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to enforce fundamental rights.
Article 17 sanctions the practice of untouchability under specific cultural circumstances.
Article 17 sanctions the practice of untouchability under specific cultural circumstances.
The Fundamental Rights primarily safeguard individuals from potential overreach by non-state actors and private entities.
The Fundamental Rights primarily safeguard individuals from potential overreach by non-state actors and private entities.
Article 23 prohibits traffic in human beings and forced labor.
Article 23 prohibits traffic in human beings and forced labor.
Flashcards
Justiciable Rights
Justiciable Rights
Rights enforceable by the Supreme Court or High Courts if violated.
Not Absolute Rights
Not Absolute Rights
Restrictions can be imposed in the interest of public order, morality, and national security.
Article 14
Article 14
Guarantees equality before the law and equal protection of the laws.
Article 15
Article 15
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Article 16
Article 16
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Article 17
Article 17
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Article 18
Article 18
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Article 19
Article 19
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Article 22
Article 22
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Article 32
Article 32
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Study Notes
- Part III (Articles 12-35) of the Constitution of India enshrines the Fundamental Rights.
- These rights are necessary to uphold democracy and ensure citizen well-being.
Key Characteristics
- Fundamental Rights are justiciable, allowing individuals to approach the Supreme Court or High Court if violated.
- These rights are not absolute and are subject to reasonable restrictions in the interest of public order, morality, and national security.
- They are essential for the overall development, dignity, and well-being of individuals.
- They protect individuals from arbitrary actions by the state.
- Some are available only to citizens, while others extend to all persons.
The Six Fundamental Rights
- There are six categories of Fundamental Rights.
Right to Equality (Articles 14-18)
- Article 14: Equality before the law is guaranteed
- Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth
- Article 16: Guarantees equality of opportunity in public employment
- Article 17: Abolishes untouchability
- Article 18: Abolishes titles
Right to Freedom (Articles 19-22)
- Article 19: Protects rights to freedom of speech, expression, assembly, association, movement, and residence
- Article 20: Offers protection regarding conviction for offenses
- Article 21: Protects life and personal liberty
- Article 21A: Establishes the right to education
- Article 22: Provides protection against arrest and detention in certain cases
Right against Exploitation (Articles 23-24)
- Article 23: Prohibits traffic in human beings and forced labor
- Article 24: Prohibits employment of children in factories, etc.
Right to Freedom of Religion (Articles 25-28)
- Article 25: Guarantees freedom of conscience, profession, practice, and propagation of religion
- Article 26: Protects freedom to manage religious affairs
- Article 27: Protects freedom from payment of taxes for promotion of any particular religion
- Article 28: Guarantees freedom as to attendance at religious instruction or worship in certain educational institutions
Cultural and Educational Rights (Articles 29-30)
- Article 29: Protects the interests of minorities
- Article 30: Grants minorities the right to establish and administer educational institutions
Right to Constitutional Remedies (Article 32)
- Empowers individuals to move the Supreme Court to seek remedies for enforcement of their Fundamental Rights.
- The Supreme Court can issue writs, including Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Significance
- Fundamental Rights are the cornerstone of Indian democracy.
- They promote social justice and equality.
- They protect individual liberties.
- They limit the tyranny of the majority.
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