Fundamental Rights (Art 12-35) — Set 13

Correct Answer: C. Both religious and linguistic minorities

Article 30 gives the right to all minorities — whether based on religion or language — to establish and administer educational institutions of their choice. This right is available to minority communities as recognized by the state, and the state cannot discriminate in granting aid to such institutions. The Supreme Court in TMA Pai Foundation case (2002) clarified the scope of minority educational institution rights. The state can regulate but not destroy the minority character of such institutions.

Correct Answer: B. Only citizens of India

The right under Article 19(1)(g) to practice any profession, occupation, trade, or business is available only to citizens of India, not to aliens or foreign nationals. Reasonable restrictions on this right can be imposed under Article 19(6) in the interests of the general public, for prescribing professional qualifications, or for carrying on a business or trade by the State. The right does not include the right to do business with the government or the right to a particular profession.

Correct Answer: A. M.C. Mehta v. Union of India

In M.C. Mehta v. Union of India, the Supreme Court expanded Article 21 to include the right to live in a healthy and pollution-free environment. Justice P.N. Bhagwati developed the concept of absolute liability and the 'polluter pays' principle. This case led to major environmental regulatory developments including the closure of polluting industries near the Taj Mahal. The Court held that the right to a clean environment is integral to the right to life.

Correct Answer: B. Traffic in human beings, begar and similar forms of forced labour

Article 23 prohibits traffic in human beings (human trafficking), begar (forced labour without payment), and other similar forms of forced labour. Any contravention of this article shall be an offence punishable by law. The Bonded Labour System (Abolition) Act, 1976 was enacted to give effect to this article. The Supreme Court has interpreted this article to include any form of forced labour where a person is compelled to work against their will.

Correct Answer: B. 24 hours

Article 22(2) provides that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest (excluding travel time). This is a safeguard against arbitrary detention. The arrested person also has the right to consult and be defended by a legal practitioner of their choice under Article 22(1). These protections under Article 22 do not apply to enemy aliens or persons detained under preventive detention laws.

Correct Answer: B. Kesavananda Bharati v. State of Kerala (1973)

In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench of the Supreme Court by a 7:6 majority held that while Parliament can amend any part of the Constitution under Article 368, it cannot alter the basic structure or essential features of the Constitution. This doctrine protects the core values of the Constitution including democracy, federalism, secularism, rule of law, judicial review, and separation of powers. The case has been called the most important constitutional decision ever.

Correct Answer: B. Article 19(1)(a) which guarantees freedom of speech and expression

India does not have a separate constitutional provision for freedom of press. The freedom of press is derived from Article 19(1)(a) which guarantees the right to freedom of speech and expression. The Supreme Court has consistently held that freedom of press is an essential part of this fundamental right. The state can impose reasonable restrictions on press freedom under Article 19(2) on grounds like sovereignty, security, public order, decency, or contempt of court.

Correct Answer: B. Article 24

Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous occupations. The Child Labour (Prohibition and Regulation) Act, 1986 (amended 2016) gives effect to this constitutional provision. The 86th Amendment added Article 21A for compulsory education to complement this protection. The Supreme Court in M.C. Mehta v. State of Tamil Nadu directed strict enforcement of child labour laws and rehabilitation of rescued children.

Correct Answer: B. Article 21 - Right to Life and Article 19 - Right to work freely

In Vishaka v. State of Rajasthan (1997), the Supreme Court laid down guidelines (Vishaka Guidelines) for prevention of sexual harassment at workplace. The court grounded these guidelines in Articles 14 (equality), 19(1)(g) (right to practice any profession), and 21 (right to life with dignity). The court held that sexual harassment violates a woman's fundamental rights. These guidelines remained law until the Sexual Harassment of Women at Workplace Act, 2013 was enacted.

Correct Answer: D. Both B and C

The practice of untouchability is abolished by Article 17 and its enforcement in any form is made an offence punishable by law. The Protection of Civil Rights Act, 1955 (earlier called Untouchability Offences Act, 1955) specifically penalizes the practice of untouchability. The SC/ST (Prevention of Atrocities) Act, 1989 provides additional protection against atrocities on Dalits and Adivasis. Both laws together provide comprehensive legal protection against untouchability.