Fundamental Rights – Articles 12-35 (Part III of Indian Constitution)

!! USA(BILL OF rIghts) से लिया गया है !!

1. Right to Equality (Article 14-18)
ARTICLE 14 -: Equality before Law
ARTICLE 15 -: Prohibition of Discrimination
ARTICLE 16 -: Equality of opportunity
ARTICLE 17 -: Abolition of Untouchability
ARTICLE 18 -: Abolition of Titles
2. Right to Freedom (Article 19-22)
ARTICLE 19 -: Civil Liberties (ବ୍ୟକ୍ତିଗତ ସ୍ୱାଧୀନତା)
Six Fundamental freedoms -:
1) Freedom of Speech
2) Freedom of assembly
3) Freedom of association
4) Freedom of Movement
5) Freedom of Reside and settle
6) Freedom of Occupation
ଜାତୀୟ ଜରୁରୀ କାଳୀନ ପରିସ୍ଥିତିରେ ରାଷ୍ର ଏହି ଧାରାକୁ ସୀମିତ କରିଦିଏ ।
ARTICLE 20 -: Rule of Law
° No ex-post-facto law (ଦୋଷକୁ ଦେଖି ହଠାତ୍ ଆଇନ ତିଆରି କରାଯାଇ ପାରିବ ନାହିଁ)
° No double punishment
° No self-incriminations (ନିଜ ବିରୁଦ୍ଧରେ ସାକ୍ଷୀ ଦେବାପାଇଁ ବାଧ୍ୟ କରାଯାଇପାରିବ ନାହିଁ।)
ARTICLE 21 -: Right to Life / Right to privacy

Article 20 & 21 can’t be suspended even during Emergency.

ARTICLE 21(A) -: Right to Education
The Constitution (86^th Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of 6 to 14 years as a Fundamental Right.
ARTICLE 22 -: Protection against arbitrary arrest.(ବେଆଇନ ଅଟକରୁ ସୁରକ୍ଷା)
3. Right against Exploitation (Article 23-24)
ARTICLE 23 -: Prohibition of human traffic and forced labour (ମଣିଷ କିଣାଵିକା ଓ ବେଠି ନିଷେଧ)
ARTICLE 24 -: Prohibition of children employment (ଶିଶୁ ନିଯୁକ୍ତି ନିଷେଧ)
4. Right to Freedom of Religion (Article 25-28)
ARTICLE 25 -: Freedom of religion
ARTICLE 26 -: Right to manage religious institution
ARTICLE 27 -: Prohibition of religious related tax
ARTICLE 28 -: Prohibition of religious Education
5. Cultural and Educational Rights (Article 29-30)
ARTICLE 29 -: Protection of minorities culture
ARTICLE 30 -: Establishment of minorities Educational Institutions
Note Right to Property Article-300(A) is not a Fundamental Right.This right was removed from the list of fundamental rights by the 44^th Constitutional Amendment act 1978.
6. Right to Constitutional Remedies (Article 32)
 • Article-32 has described by Dr.BR Ambedkar as heart and soul of Indian Constitution.
      ନାଗରିକ ମାନଙ୍କ ମୌଳିକ ଅଧିକାର କ୍ଷୂର୍ଣ୍ଣ ହେଲେ ସେ ଏହି ଧାରା ଅନୁସାରେ ସିଧାସଳଖ ଭାବେ ସର୍ବୋଚ୍ଚ ନ୍ୟାୟାଳୟର ଆଶ୍ରୟ ନେଇପାରିବେ। ଏଥିପାଇଁ ୫ ଟି Writs(ହୂକୁମନାମା) ରହିଛି -:
• Hebeas Corpus (ବନ୍ଦୀ ପ୍ରତ୍ୟକ୍ଷିକରଣ)
The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary.
• Mandamus (ପରମାଦେଶ)
Meaning: We Command
A judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
• Prohibition (ପ୍ରତିଷେଧ)
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
• Quo-worranto (ଅଧିକାର ପୂଛ୍ଛା)
The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquires into the legality of a claim of a person to a public office.
• Certiorary (ତତ୍ ପେକ୍ଷଣ)
A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means “to be more fully informed.” A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

12 SCHEDULE OF INDIAN CONSTITUTION

1. Article 19 of the Indian Constitution includes which of the following right ?

• A) Right to Constitutional Remedies
• B) Right against exploitation
• C) Right to freedom of speech and expression
• D) Right to freedom of Religion

Show Answer
C) Right to freedom of speech and expression
      
⮕ The Fundamental Rights have been described in Articles 12-35, Part III of the Indian Constitution.
⮕ The Right to Property (Article 31) was deleted from the list of Fundamental Rights.
⮕ By the 44th Amendment Act, 1978, it is made a normal constitutional right under Act 300A in Part XII of the Constitution

2. Which among the following is not one of the rights granted under the ‘Protection of Life and Personal Liberty’?

• A) Right against public hanging
• B) Right to hearing
• C) Right to vote
• D) Right to speedy trial

Show Answer
C) Right to vote
      
⮕ Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
⮕ Right against public hanging, Right to hearing, Right to speedy trial fall under Article 21 of the Indian Constitution.

3. In which of the following articles of Constitution, the Right to Equality are mentioned ?

• A) Articles 23 – 24
• B) Articles 19 – 22
• C) Articles 14 – 18
• D) Articles 25 – 28

Show Answer
C) Articles 14 – 18
      

4. RTE, Act‐ 2009 is based on which article of the Constitution of India ?

• A) Article 22
• B) Article 44
• C) Article 21(A))
• D) Article 86

Show Answer
C) Article 21(A)
      
⮕ The Constitution (Eighty-six Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
⮕ Article 21-A and the RTE Act came into effect on 1 April 2010.

5. Which provision of the Fundamental Rights is directly related to the exploitation of children ?

• A) Article 17
• B) Article 23
• C) Article 24
• D) Article 25

Show Answer
C) Article 24
      

⮕ Article 24 of the Indian Constitution is one of the fundamental rights and it prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous activities like construction work or railway.
⮕ Article 17: Abolition of Untouchability

6. Which one of the following fundamental rights is not enshrined in the Constitution of India ?

• A) Right to preperty
• B) Rights against exploitation
• C) Right to Equality
• D) Right to freedom

Show Answer
A) Right to property
      
⮕ The right to property is not a Fundamental Right but is a constitutional right.
⮕ Article 300-A making it a constitutional right.
⮕ By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right,

7. Which of the following is the correct feature of fundamental rights?

• A) They  are absolute.
• B) They are justiciable.
• C) They are based on the theory of natural rights.
• D) They cannot be amended as they are a part of the basic structure.

Show Answer
B) They are justiciable.
      

8.The provision/feature of Parliamentary Form of Government has been adapted from which
country’s Constitution?

• A) French Constitution
• B) Canadian Constitution
• C) Irish Constitution
• D) British Constitution

Show Answer
D) British Constitution   

9.Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of
_________

• A) Armed forces
• B) Lok Sabha
• C) Bank and finance insttutions
• D) Legislative Assembly

Show Answer
A) Armed forces   

10. From where the principle of single citizenship in India taken?

• A) USA
• B) Canada
• C) England
• D) France

Show Answer
C) England