Fundamental Rights (Art 12-35) — Set 18

Correct Answer: B. Between private individuals also, not just between State and citizens

Traditionally, Fundamental Rights operate vertically — they apply between the State and citizens. Horizontal application means extending the operation of Fundamental Rights to private individuals and entities as well. In India, Article 15(2), 17, 23, and 24 have horizontal application and are enforceable against private parties too. The Supreme Court in Vishaka v. State of Rajasthan extended horizontal application in the workplace context. This concept ensures that private actors also respect constitutional rights.

Correct Answer: B. Government and Parliament of India, State Governments, Legislatures, and all local or other authorities within India or under the control of Government of India

Article 12 defines 'State' for the purpose of Fundamental Rights to include the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India. This broad definition ensures that all instrumentalities of the government are bound by Fundamental Rights. The Supreme Court has further extended this definition through judicial interpretation to include bodies like corporations substantially funded and controlled by the government. The concept of 'other authorities' has been interpreted broadly to include instrumentalities and agencies of the State.

Correct Answer: B. Protection of Human Rights Act 1993

The National Human Rights Commission (NHRC) was established in 1993 under the Protection of Human Rights Act, 1993. It is a statutory body and not a constitutional body. Its functions include inquiry into complaints of human rights violations, review of safeguards for protection of human rights, and study of treaties and international instruments on human rights. The NHRC can inquire into acts of omission and commission by Central and State governments but cannot investigate complaints against armed forces. Its recommendations are not binding on the government.

Correct Answer: B. Fundamental Rights are constitutional rights enforceable in courts while Human Rights are broader moral claims recognized internationally but not all are enforceable by courts

Fundamental Rights are specific legal rights enshrined in the Indian Constitution (Part III) that are judicially enforceable. Human Rights are broader and include civil, political, economic, social, and cultural rights recognized under international law and domestic statutes like the Protection of Human Rights Act. Not all Human Rights may be directly enforceable in courts. The NHRC and State Human Rights Commissions protect human rights in India. India is also a signatory to various international human rights instruments.

Correct Answer: B. Void to the extent of inconsistency

Article 13 declares that any law (pre-constitutional or post-constitutional) that is inconsistent with or takes away or abridges the rights conferred by Part III shall be void to the extent of such inconsistency. This is the basis for judicial review of laws in India. Even valid laws before the Constitution came into force become void to the extent they are inconsistent with Fundamental Rights. Article 13 applies to legislative acts, executive orders, and other instruments having the force of law.

Correct Answer: B. Women and children

Article 15(3) is an enabling provision that allows the State to make special provisions for women and children despite the general rule of non-discrimination under Article 15(1). This is based on the principle of protective discrimination and recognizes the historically disadvantaged position of women. Laws providing reservation in educational institutions, welfare schemes for children, and protective legislation for women are covered under this clause. The Supreme Court has upheld numerous such provisions under Article 15(3).

Correct Answer: C. Article 17

Article 17 abolishes untouchability and forbids its practice in any form. The enforcement of any disability arising out of untouchability is an offence punishable according to law. Parliament has enacted the Protection of Civil Rights Act, 1955 (originally the Untouchability Offences Act, 1955) to give effect to Article 17. Untouchability has been abolished as a social evil and a violation of human dignity. Article 17 has horizontal application and is enforceable against private individuals as well.

Correct Answer: A. Article 19(2)

Article 19(1)(a) guarantees freedom of speech and expression, while Article 19(2) allows the State to impose reasonable restrictions on this right in the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency, morality, contempt of court, defamation, and incitement to an offence. The restrictions must be reasonable, meaning they should not be excessive or disproportionate. The Supreme Court scrutinizes such restrictions to ensure they do not completely negate the freedom.

Correct Answer: A. 86th Amendment 2002

Article 21A was inserted by the 86th Constitutional Amendment, 2002, which provides that the State shall provide free and compulsory education to all children of 6 to 14 years of age. To implement this, the Right to Education Act (RTE) was enacted in 2009. Article 21A elevated the right to elementary education to the status of a Fundamental Right. Before this amendment, the right to education was only a Directive Principle under Article 45.

Correct Answer: B. Arbitrary arrest and detention

Article 22 provides safeguards against arbitrary arrest and detention. It guarantees: the right to be informed of grounds of arrest, the right to consult and be defended by a lawyer of one's choice, production before a magistrate within 24 hours of arrest, and freedom from detention beyond 24 hours without magistrate's authority. These rights apply to both citizens and non-citizens. Article 22(4) to (7) provide additional safeguards specifically for preventive detention.