Fundamental Rights Important Questions and Answers
Introduction to Fundamental Rights
Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12 to 35). They are described as the Magna Carta of India. These rights are justiciable, meaning they are enforceable by the courts for their violation. The main objective is to establish a "government of laws and not of men."
Key Facts Box
- Borrowed From: USA Constitution (Bill of Rights).
- Total Original Rights: 7 (Right to Property was removed by the 44th Amendment Act, 1978).
- Current Rights: 6.
- Enforcement: Supreme Court (Art 32) and High Courts (Art 226).
Categorization of Fundamental Rights
The six categories of Fundamental Rights are summarized in the table below for quick revision:
| Category | Articles |
|---|---|
| Right to Equality | 14–18 |
| Right to Freedom | 19–22 |
| Right against Exploitation | 23–24 |
| Right to Freedom of Religion | 25–28 |
| Cultural and Educational Rights | 29–30 |
| Right to Constitutional Remedies | 32 |
Important Practice Questions
Q1. Which Article of the Indian Constitution abolishes 'Untouchability'?
Answer: Article 17. It forbids the practice of untouchability in any form. The enforcement of any disability arising out of "Untouchability" shall be an offense punishable in accordance with the law.
Q2. Which Fundamental Right cannot be suspended even during a National Emergency?
Answer: Articles 20 and 21. As per the 44th Constitutional Amendment Act, the right to protection in respect of conviction for offenses (Art 20) and the right to life and personal liberty (Art 21) cannot be suspended.
Q3. Which Fundamental Right is described by Dr. B.R. Ambedkar as the "Heart and Soul of the Constitution"?
Answer: Right to Constitutional Remedies (Article 32). This article allows citizens to move the Supreme Court for the enforcement of Fundamental Rights through writs.
Most Important Points Summary
- Article 14: Equality before law and equal protection of laws.
- Article 19: Guarantees six freedoms (speech, assembly, association, movement, residence, profession).
- Article 21A: Right to Education (added by 86th Amendment, 2002).
- Article 24: Prohibition of employment of children in factories/hazardous industries.
- Justiciability: Fundamental Rights are protected by the judiciary.
- Amendment: Parliament can amend Fundamental Rights, but not the 'Basic Structure' (Kesavananda Bharati Case, 1973).
Frequently Asked Questions (FAQ)
1. Are Fundamental Rights absolute?
No, they are qualified. The state can impose 'reasonable restrictions' on them, particularly on the freedoms guaranteed under Article 19.
2. Which Article defines the term 'State' for the purpose of Fundamental Rights?
Article 12 defines the 'State' to include the Government and Parliament of India, State Governments, and local authorities.
3. Can a foreigner claim all Fundamental Rights?
No. Some rights are available only to citizens (e.g., Articles 15, 16, 19, 29, 30), while others are available to all persons (citizens and foreigners).
4. What is the difference between Fundamental Rights and Directive Principles?
Fundamental Rights are justiciable (enforceable by courts), whereas Directive Principles (Part IV) are non-justiciable.
5. Is the Right to Privacy a Fundamental Right?
Yes, the Supreme Court declared it a Fundamental Right under Article 21 in the K.S. Puttaswamy judgment (2017).
Conclusion
Mastering Fundamental Rights is essential for every competitive exam aspirant. Not only do they form the basis of Indian polity, but they also empower citizens and limit the power of the State. Ensure you review the landmark cases associated with these articles, as they are crucial for clearing mains examinations in various competitive tests.
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