Fundamental Rights (Art 12-35) — Set 15

Correct Answer: D. Right to strike

The Supreme Court has held that the right to strike is not a Fundamental Right under Article 19(1)(a) or any other provision. The right to freedom of speech and expression under Article 19(1)(a) includes right to receive information, right to silence, right to broadcast, right to advertise, and right to know about government activities. However, the right to strike, while recognized in service law, does not have the status of a Fundamental Right. Workers have the right to form associations (Article 19(1)(c)) but not an absolute right to strike.

Correct Answer: B. Article 19(1)(c)

Article 19(1)(c) guarantees citizens the right to form associations or unions. This includes the right to form trade unions, political parties, religious organizations, and other associations. Reasonable restrictions can be imposed under Article 19(4) on grounds of sovereignty and integrity of India, public order, or morality. The right does not include the right to continue in an association — the state can dissolve an association by law if it constitutes a threat to public order.

Correct Answer: B. Right to Equality - specifically reservations for OBC

Indra Sawhney v. Union of India (1992), also known as the Mandal Commission case, is the Supreme Court's landmark judgment on OBC reservations. The Court upheld the 27% reservation for Other Backward Classes (OBCs) recommended by the Mandal Commission, but with the condition that the 'creamy layer' be excluded from benefits. The Court also capped total reservations at 50% (though extraordinary situations may justify exceptions). The judgment defined 'backward class' and established criteria for determining backwardness.

Correct Answer: C. Article 22

Article 22 provides protection against arbitrary arrest and detention. It requires that an arrested person (i) must be informed of the grounds of arrest, (ii) has the right to consult a legal practitioner, and (iii) must be produced before a magistrate within 24 hours. Article 22(4) to (7) deal with preventive detention, requiring an Advisory Board to review detention beyond three months. These safeguards under Article 22 do not apply to enemy aliens or persons detained under preventive detention laws.

Correct Answer: D. To convert persons of other faiths to their religion

Article 26 gives religious denominations the right to (a) establish and maintain institutions for religious and charitable purposes, (b) manage its own affairs in matters of religion, (c) own and acquire movable and immovable property, and (d) administer such property in accordance with law. However, it does not give the right to convert persons of other faiths, which is not a right under either Article 25 or 26. Freedom of religion includes propagation but not forced or fraudulent conversion.

Correct Answer: C. Article 21

In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that the right to livelihood is an integral component of the right to life under Article 21. The case involved slum dwellers and pavement dwellers who challenged the eviction order. The court held that depriving persons of their livelihood violates their right to life. However, the court also said that the state can impose reasonable restrictions and must give an opportunity of hearing before eviction. This judgment expanded Article 21 significantly.

Correct Answer: A. Judicial Review

Article 13 provides that any law (whether pre-constitutional or post-constitutional) that is inconsistent with or in derogation of Fundamental Rights shall be void to the extent of such inconsistency. This is the basis of judicial review — the power of courts to strike down laws that violate Fundamental Rights. The term 'law' in Article 13 includes ordinances, orders, bye-laws, rules, regulations, and notifications. The Supreme Court is the final interpreter of the Constitution in this regard.

Correct Answer: C. Article 15(2)

Article 15(2) prohibits discrimination against any citizen on grounds of religion, race, caste, sex, or place of birth in access to shops, public restaurants, hotels, and places of public entertainment, and in use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. This provision has both horizontal (private entities) and vertical (state) application. It is the constitutional basis for the Protection of Civil Rights Act.

Correct Answer: B. Maneka Gandhi v. Union of India (1978)

In Maneka Gandhi v. Union of India (1978), a seven-judge bench overruled A.K. Gopalan (1950) and held that the 'procedure established by law' in Article 21 must not only exist but must also be fair, just, and reasonable — not arbitrary, fanciful, or oppressive. The court also linked Articles 14, 19, and 21 together (the 'golden triangle'). The case arose when Mrs. Gandhi's passport was impounded without giving her an opportunity to be heard. The judgment transformed Article 21 into a fundamental rights charter.

Correct Answer: D. Article 33 - Restriction of rights of armed forces

Article 35 states that Parliament alone (not state legislatures) shall have the power to make laws for certain matters in Part III, including under Articles 16(3), 32(3), 33, 34. Article 33 empowers Parliament to restrict or abrogate Fundamental Rights of members of armed forces, paramilitary forces, police, and persons employed in intelligence or counter-intelligence work. Article 34 deals with indemnity during martial law. Parliament's exclusive jurisdiction under Article 35 cannot be delegated to states.