Fundamental Rights (Art 12-35) — Set 11

Correct Answer: B. That equals shall be treated equally and unequals unequally in proportion to their inequality

The concept of 'equal protection of laws' under Article 14 means that equals shall be treated equally and unequals unequally in proportion to their inequality. The State can make laws that treat different classes of persons differently, provided the classification is reasonable and based on intelligible differentia with a rational nexus to the object of the law. This flexible interpretation allows the State to address diverse social and economic realities while preserving constitutional equality.

Correct Answer: C. Obscene speech violating public decency

Obscene speech that violates public decency is NOT protected under Article 19(1)(a). Article 19(2) allows reasonable restrictions on freedom of speech in the interests of decency and morality. Obscene material can be prohibited by law without violating the Constitution. In contrast, criticism of government, freedom of press, and political campaign speech are protected components of freedom of speech under Article 19(1)(a).

Correct Answer: B. Article 13

Article 13 gives courts the power of judicial review — it declares void any law (pre-constitutional or post-constitutional) that is inconsistent with or in contravention of any of the provisions of Part III (Fundamental Rights). Article 13(1) covers laws existing before the Constitution, while Article 13(2) prohibits the State from making new laws abridging Fundamental Rights. This is the constitutional foundation of judicial review in India.

Correct Answer: B. Scheduled Tribes

Under Article 19(5), the right to move freely throughout the territory of India under Article 19(1)(d) can be restricted in the interest of the general public or for the protection of the interests of any Scheduled Tribe. This provision allows the State to restrict entry into tribal areas to protect tribal communities from exploitation and to preserve their culture. Such restrictions are constitutionally valid if they serve the protected purpose.

Correct Answer: C. Discriminate against minority institutions when granting aid

Article 30(2) states that the State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority (religious or linguistic). This means minority institutions are entitled to receive government aid on equal terms with other institutions. However, the State can impose reasonable regulatory conditions even on minority institutions receiving aid.

Correct Answer: B. Only persons accused of a criminal offence

Article 20(3) provides that no person accused of any offence shall be compelled to be a witness against himself. This protection is specifically available to persons accused of a criminal offence. It does not extend to witnesses who are not accused. The Supreme Court has interpreted this to protect accused persons from being compelled to provide oral testimony, documentary evidence, or any form of self-incriminating evidence under compulsion.

Correct Answer: C. The Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities

Article 12 defines 'State' broadly to include the Government and Parliament of India, governments and legislatures of each State, and all local or other authorities within India or under the control of the Government of India. This wide definition ensures that Fundamental Rights can be enforced against all these bodies. This provision is crucial for making Part III rights enforceable.

Correct Answer: C. Article 360

Article 360 deals with Financial Emergency but does not suspend Fundamental Rights. Article 358 suspends Article 19 freedoms during National Emergency, while Article 359 allows the President to suspend enforcement of other Fundamental Rights during National Emergency. Financial Emergency under Article 360 has no provision for suspension of Fundamental Rights. This distinction is important for constitutional law.

Correct Answer: B. Article 20(2)

Article 20(2) provides that no person shall be prosecuted and punished for the same offence more than once. This is the constitutional guarantee against double jeopardy, borrowed from the Fifth Amendment of the US Constitution. It protects individuals from being tried twice for the same criminal offence. This right applies to criminal proceedings only.

Correct Answer: C. Article 20(3)

Article 20(3) states that no person accused of an offence shall be compelled to be a witness against himself. This right against self-incrimination ensures that an accused cannot be forced to provide evidence that incriminates themselves. The Supreme Court in Selvi v. State of Karnataka (2010) held that narco-analysis, brain mapping, and polygraph tests violate this right. This protection applies only to accused persons.