Fundamental Rights (Art 12-35) — Set 1

Correct Answer: B. Untouchability

Article 17 abolishes untouchability and forbids its practice in any form. It was a social evil denying basic dignity to marginalised communities. The enforcement of any disability arising out of untouchability is a punishable offence under law. This article is absolute and admits no exceptions.

Correct Answer: C. 6

Article 19 guarantees 6 freedoms to citizens: speech and expression, peaceful assembly, forming associations, free movement, residence and settlement, and practising any profession. Originally there were 7, but the right to property was removed by the 44th Amendment 1978. All these freedoms are subject to reasonable restrictions by the State.

Correct Answer: C. 6-14 years

Article 21A, inserted by the 86th Constitutional Amendment Act 2002, guarantees free and compulsory education to all children between 6 and 14 years of age. The Right to Education Act 2009 was enacted to implement this provision. This made India one of the few countries to make elementary education a fundamental right. The State is obligated to provide free schooling to every child in this age group.

Correct Answer: B. Produce an illegally detained person before court

Habeas Corpus means 'to have the body' and is issued to produce an illegally detained person before the court. The court examines the legality of detention and orders immediate release if it is unlawful. It is the most fundamental writ protecting personal liberty. This right cannot be suspended except during a national emergency declared under Article 359.

Correct Answer: B. 24 hours

Article 22(2) requires that every person arrested and detained must be produced before the nearest magistrate within 24 hours of arrest, excluding journey time. Failure to comply makes the detention illegal. This provision is a key safeguard against prolonged unlawful detention. The arrested person also has the right to consult a legal practitioner of their choice.

Correct Answer: B. Traffic in human beings and begar (forced labour)

Article 23 prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. This protection applies against exploitation by both the State and private individuals. Violation of Article 23 is a punishable offence under law. However, the State may impose compulsory service for public purposes such as military or civil defence, without discrimination.

Correct Answer: B. Fundamental Rights enforcement

Article 12 defines 'State' to determine against whom Fundamental Rights can be enforced. It includes the Government of India, Parliament, state governments, local bodies, and other authorities. The broad definition ensures Fundamental Rights can be enforced against all government entities. This is the gateway article for Part III of the Constitution.

Correct Answer: B. 14 years

Article 24 prohibits employment of children below the age of 14 years in factories, mines, or any other hazardous employment. This article is part of the Right Against Exploitation in Part III. The prohibition is absolute with no exceptions permitted. The Child Labour (Prohibition and Regulation) Act was enacted to enforce this constitutional provision.

Correct Answer: C. Article 32

Article 32 guarantees the Right to Constitutional Remedies, which allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution.' The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. This right itself is a Fundamental Right and cannot be suspended except during National Emergency.

Correct Answer: A. Reasonable classification

Article 14 guarantees equality before law (negative concept from English law) and equal protection of laws (positive concept from US Constitution). The Supreme Court has held that Article 14 permits reasonable classification but prohibits arbitrary classification. The doctrine of reasonable classification allows different treatment for persons who are not similarly situated. The twin tests are: intelligible differentia and rational nexus with the object.