Fundamental Rights (Art 12-35) — Set 12

Correct Answer: B. K.S. Puttaswamy v. Union of India (2017)

In K.S. Puttaswamy v. Union of India (2017), a nine-judge bench of the Supreme Court unanimously declared that the Right to Privacy is a fundamental right under Article 21. The judgment overruled earlier decisions in M.P. Sharma (1954) and Kharak Singh (1962) cases. This landmark verdict has major implications for data protection, Aadhaar, and surveillance laws. Privacy is now an intrinsic part of life and personal liberty.

Correct Answer: C. Article 21

Article 21 states that no person shall be deprived of his life or personal liberty except according to procedure established by law. In Maneka Gandhi v. Union of India (1978), the Supreme Court expanded this article to include the right to live with dignity, right to livelihood, and right to a fair procedure. Article 21 has become the most dynamic provision in the Constitution through judicial interpretation. It includes rights like right to health, shelter, education, and environment.

Correct Answer: B. B.R. Ambedkar

B.R. Ambedkar called Article 32 the 'heart and soul of the Constitution' because it provides the right to constitutional remedies — the ability to approach the Supreme Court directly for enforcement of Fundamental Rights. Without this article, Fundamental Rights would be mere paper guarantees. Article 32 itself is a Fundamental Right and cannot be suspended except during National Emergency under Article 359. It gives the Supreme Court the power to issue writs.

Correct Answer: C. Right to Property

The Right to Property under Article 19(1)(f) and Article 31 was removed as a Fundamental Right by the 44th Constitutional Amendment Act, 1978 during the Janata government under Prime Minister Morarji Desai. It was placed in Article 300A as a constitutional right (not fundamental right). This meant that the state could acquire property by law without paying compensation as a Fundamental Right. The change significantly affected property rights jurisprudence.

Correct Answer: B. Women and children

Article 15(3) is an exception to the general prohibition on discrimination, allowing the State to make special provisions for women and children. This enables gender-specific laws and policies like reservation for women in local bodies, maternity benefits, and protective laws for children. The Supreme Court has held that such provisions are not violative of equality but rather a positive measure to achieve substantive equality. Various amendments have added more exceptions to Article 15 for OBCs and EWS.

Correct Answer: B. Public duty it has failed to perform

Mandamus (meaning 'we command' in Latin) is a writ issued by a superior court to compel a lower court, tribunal, or public authority to perform a public duty that it has failed or refused to perform. It cannot be issued to enforce discretionary duties or private contractual obligations. The writ is available under Article 32 (Supreme Court) and Article 226 (High Courts). It is one of the five types of prerogative writs available in India.

Correct Answer: B. Backward class of citizens

Article 16(4) allows the State to make provisions for reservation of appointments or posts in favour of any backward class of citizens that is not adequately represented in the services under the State. This is the constitutional basis for OBC reservations in government jobs. The Supreme Court in Indra Sawhney case (1992) capped total reservations at 50% and excluded the 'creamy layer' from OBC benefits. The 103rd Amendment added Article 16(6) for EWS reservations.

Correct Answer: B. Article 25

Article 25 guarantees freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, health, and other Fundamental Rights. This right is available to all persons (citizens and non-citizens). Article 26 gives religious denominations the right to manage religious affairs. The Supreme Court has held that the right to propagate does not include the right to convert by force, fraud, or inducement.

Correct Answer: A. 86th Amendment, 2002

The 86th Constitutional Amendment Act, 2002 inserted Article 21A which makes free and compulsory education a Fundamental Right for children aged 6 to 14 years. This amendment also amended Article 45 (DPSP) and Article 51A to add parental duty to provide educational opportunities. The Right to Education Act, 2009 (RTE Act) was enacted to give effect to this Fundamental Right. India became a signatory to universal primary education commitments under this amendment.

Correct Answer: C. Habeas Corpus

Habeas Corpus (meaning 'you shall have the body' in Latin) is a writ issued by a court ordering a person holding another to bring that person before the court to examine the legality of detention. It is the most important safeguard against arbitrary arrest and detention. The writ can be issued against both public authorities and private individuals. During the Emergency (1975-77), the ADM Jabalpur case controversially held that Habeas Corpus could be suspended, later overruled in Puttaswamy.