Fundamental Rights (Art 12-35) — Set 10
Constitution Special · मूल अधिकार (अनु. 12-35) · Questions 91–100 of 200
Right to Education Act 2009 operationalised which constitutional article?
Correct Answer: B. Article 21A
The Right to Education Act 2009 operationalised Article 21A of the Constitution, which guarantees free and compulsory education to all children between 6 and 14 years. Article 21A was inserted by the 86th Constitutional Amendment 2002. The Act also mandates 25% reservation for economically weaker sections in private unaided schools. It became fully operational from 1 April 2010.
Under Article 32(3), Parliament may empower which courts to issue writs for enforcement of Fundamental Rights?
Correct Answer: B. Any other court within the local limits of its jurisdiction
Article 32(3) allows Parliament to empower any other court (beyond the Supreme Court) to exercise all or any of the writ powers exercisable by the Supreme Court under Article 32(2) within the local limits of its jurisdiction. This allows Parliament to decentralise the enforcement of Fundamental Rights. However, Parliament has not yet exercised this power, and currently only the Supreme Court has original writ jurisdiction under Article 32.
The writ of Quo Warranto challenges?
Correct Answer: C. A person's right to hold a public office without legal authority
Quo Warranto (meaning 'by what authority') is issued to challenge a person who holds a public office without legal authority. It requires the person to show by what authority they hold the office. If no valid authority is shown, the court ousts the person from the office. Unlike other writs, quo warranto can be filed by any person, not just the aggrieved party, making it a powerful tool against illegal occupation of public offices.
Which article provides that no person shall be subjected to penalty greater than what was prescribed at the time of the offence?
Correct Answer: B. Article 20(1)
Article 20(1) provides two protections: first, no person shall be convicted except for violation of a law in force at the time of the act; and second, no person shall be subjected to a penalty greater than that prescribed under the law in force at the time of the offence. Both aspects protect citizens from retrospective enhancement of criminal penalties. This upholds legal certainty in criminal law.
Article 30(1) grants all minorities — religious and linguistic — the right to?
Correct Answer: B. Establish and administer educational institutions of their choice
Article 30(1) grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice. The State cannot discriminate against minority institutions when granting aid. This right ensures that minority communities can preserve their cultural identity and transmit it through education. Both religious minorities (Muslims, Christians, Sikhs) and linguistic minorities enjoy this right.
Under Article 34, Parliament can pass an Indemnity Act validating acts done during?
Correct Answer: B. Martial law in any area within the territory of India
Article 34 restricts Fundamental Rights while martial law is in force in any area within the territory of India. It enables Parliament to pass an Act of Indemnity validating sentences passed, punishments inflicted, or other acts done under martial law in any such area. This provision recognises the need for special security measures during periods of extreme disorder. It provides legal cover for necessary actions taken during martial law.
Article 19(1)(b) guarantees right to assemble peaceably. This right is subject to restriction in interests of?
Correct Answer: B. Sovereignty and integrity of India, and public order
Under Article 19(3), the right to assemble peaceably and without arms under Article 19(1)(b) can be restricted in the interests of the sovereignty and integrity of India or public order. The restrictions must be imposed by law and be reasonable. Assemblies posing a threat to public order or national integrity can be regulated or dispersed. Armed assemblies or those involving violence are not protected at all.
Article 13(2) prohibits the State from making laws that?
Correct Answer: B. Take away or abridge the rights conferred by Part III
Article 13(2) explicitly prohibits the State from making any law that takes away or abridges the Fundamental Rights conferred by Part III. Any such law shall be void to the extent of the contravention. This provision gives the judiciary the power of judicial review over all post-constitutional legislation. It is the constitutional basis for striking down laws that violate Fundamental Rights and ensures that Parliament's legislative power is subject to constitutional limits.
Which of the following is NOT one of the five constitutional writs?
Correct Answer: C. Injunction
Article 32 authorises the Supreme Court to issue five types of writs: habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. An Injunction is NOT one of the five constitutional writs — it is a civil law remedy granted under the Civil Procedure Code and the Specific Relief Act by civil courts. The five constitutional writs are specifically available for enforcement of Fundamental Rights under Article 32 and other legal rights under Article 226.
Fundamental Rights under Article 12 can be enforced against?
Correct Answer: B. State as defined under Article 12 — Government, Parliament, State Governments and local bodies
Fundamental Rights can be enforced against the 'State' as defined under Article 12, which broadly includes the Government of India, Parliament, State Governments, State Legislatures, and all local or other authorities within India or under the control of the Government of India. Purely private parties not connected with the State cannot generally be bound by Fundamental Rights. Courts have however extended this in cases where private entities perform public functions.