Fundamental Rights (Art 12-35) — Set 16

Correct Answer: B. Article 29

Article 29 protects the interests of minorities by providing that any section of citizens residing in India having a distinct language, script, or culture of its own shall have the right to conserve the same. It also prohibits the state from denying admission to any citizen in educational institutions maintained by the state on grounds of religion, race, caste, or language. This article is available to all sections of citizens, not just minorities. Article 30 specifically addresses minority rights in education.

Correct Answer: B. United States of America

The Fundamental Rights in Part III of the Indian Constitution were primarily inspired by the Bill of Rights (first 10 amendments) of the United States Constitution, as well as the Universal Declaration of Human Rights (1948). The concept of judicial review for protecting rights was borrowed from the USA. However, unlike the US Bill of Rights which was originally intended only against the federal government, Indian Fundamental Rights apply against all government actions. The Constituent Assembly also drew from the Irish and Canadian constitutions.

Correct Answer: C. Both Central and State Governments and their instrumentalities

Fundamental Rights in India are enforceable primarily against the State (as defined in Article 12), which includes the Central Government, Parliament, State Governments, State Legislatures, and all local and other authorities. Private individuals generally cannot be sued for violation of Fundamental Rights (except Articles 17, 23, 24 which apply to private parties). The doctrine of 'State action' determines when a private entity is acting as an instrument of the state and can be held liable.

Correct Answer: C. Directive Principles of State Policy

Directive Principles of State Policy (DPSP) in Part IV of the Constitution are not Fundamental Rights — they are non-justiciable guidelines for the State. They cannot be enforced through courts directly. All six categories of Fundamental Rights (Articles 12-35) are justiciable. The Supreme Court in Minerva Mills (1980) held that there must be a balance between Fundamental Rights and DPSPs. Parliament can implement DPSPs even if they infringe Fundamental Rights (subject to the basic structure doctrine).

Correct Answer: C. Economically Weaker Sections (EWS)

The 103rd Constitutional Amendment Act, 2019 added Articles 15(6) and 16(6) to provide 10% reservation for Economically Weaker Sections (EWS) of citizens other than SC, ST, and OBC. This was the first amendment to provide reservation based on economic criteria alone. The Supreme Court in Janhit Abhiyan v. Union of India (2022) upheld this amendment by a 3:2 majority. The EWS reservation is over and above the existing 50% cap established in the Indra Sawhney case.

Correct Answer: C. Article 32

Article 32 provides the right to move the Supreme Court by appropriate proceedings for enforcement of Fundamental Rights. The Supreme Court can issue directions, orders, or writs (including habeas corpus, mandamus, prohibition, certiorari, and quo warranto) for enforcement of these rights. This right itself is a Fundamental Right that cannot be suspended except under Article 359 during National Emergency. Dr. Ambedkar called Article 32 the 'heart and soul of the Constitution'.

Correct Answer: B. Inferior court or tribunal acting without or in excess of jurisdiction

Prohibition is a writ issued by a superior court to an inferior court or tribunal to stop proceedings in a case when the inferior court is acting without jurisdiction, in excess of jurisdiction, or contrary to the rules of natural justice. Unlike certiorari (which is issued after the proceeding is concluded), prohibition is issued while the proceedings are still pending. It can be issued by both the Supreme Court under Article 32 and High Courts under Article 226. It is preventive in nature.

Correct Answer: B. Article 14

Article 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws. 'Equality before law' (borrowed from UK) means absence of special privilege and equal subjection to law. 'Equal protection of laws' (borrowed from USA's 14th Amendment) means like should be treated alike. The doctrine of 'reasonable classification' allows the state to treat different classes differently provided the classification has an intelligible differentia and a rational nexus with the object sought to be achieved.

Correct Answer: D. Quo Warranto

Quo Warranto (meaning 'by what authority' or 'by what warrant' in Latin) is a writ issued to inquire into the legality of a claim by a person to hold a public office. It prevents illegal usurpation of public offices. The writ is available only in respect of a substantive public office of a permanent character that is created by a statute or the Constitution. Unlike other writs, Quo Warranto proceedings can be initiated by any interested person, not just the aggrieved party.

Correct Answer: A. Articles 14, 19, and 21

The 'Golden Triangle' of the Indian Constitution refers to Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life and Personal Liberty). In Maneka Gandhi v. Union of India (1978), the Supreme Court held that these three articles are not mutually exclusive but must be read together. Any law that violates Article 21 must also satisfy Articles 14 and 19. This interconnectedness has made these three articles the most powerful tools for protecting individual rights against state action.