UPSC Prelims: Fundamental Rights & Constitution

• These notes cover questions from the UPSC Civil Services Preliminary Exam (Prelims) from 2017 to 2024, focusing on fundamental rights, the constitution, and related legal concepts.

Right to Privacy

• The Supreme Court has placed the Right to Privacy under Article 21 of the Indian Constitution.
• The Right to Privacy is an intrinsic part of Right to Life and Personal Liberty, supported by Article 21 and freedoms in Part III of the Constitution.

Article 16 and Article 335

• The Supreme Court has held that reservation policies under Article 16(4) are limited by Article 335 for maintaining administrative efficiency.
• Article 335 does not define the term 'efficiency of administration.'

Judicial Custody

• During judicial custody, the accused is in the magistrate’s custody and is typically confined to jail, not a police station.
• During judicial custody, police cannot interrogate the suspect without court approval.

Parole

• Parole is not a right, even if a prisoner presents a sufficient case; it can still be denied.
• State governments have their own parole rules.

Article 14 and Executive Power

• A law that grants unguided discretionary power to the executive violates Article 14 of the Indian Constitution, which ensures equality before the law.

Right to Property

• The Right to Property in India is a legal right available to any person.

Right to Equality

• Protection against untouchability is included under the Right to Equality, as it seeks to eliminate discrimination and ensure equal treatment.

Right to Marry

• The right to marry a person of one's choice is safeguarded by Article 21.

Right to Vote

• The right to vote and be elected in India is a Constitutional Right.

Right Against Exploitation

• The Right Against Exploitation includes prohibition of human trafficking and forced labor, and prohibition of child labor in factories and mines.