Fundamental Rights (Art 12-35) — Set 3

Correct Answer: B. Part III (Articles 12-35)

Fundamental Rights are contained in Part III (Articles 12 to 35) of the Indian Constitution. These rights are justiciable, meaning they are enforceable by courts. Part II deals with citizenship, Part IV with Directive Principles of State Policy, and Part IVA with Fundamental Duties. Part III is considered the most vital as it safeguards individual liberties against State action.

Correct Answer: B. Titles other than military and academic distinctions

Article 18 abolishes titles and prohibits the State from conferring any title except military or academic distinctions. No citizen of India may accept any title from a foreign State. This article prevents the perpetuation of an artificial aristocracy, contrary to the democratic spirit. The abolition of titles reflects the egalitarian values enshrined in the Constitution.

Correct Answer: B. Rights of linguistic and religious minorities

Articles 29-30 protect the cultural and educational rights of minorities. Article 29 gives every section of citizens the right to conserve its distinct language, script, or culture. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice. The State shall not discriminate against minority institutions in granting aid. These rights protect the diverse cultural fabric of India.

Correct Answer: C. Article 17

Article 17 abolishes untouchability and forbids its practice in any form. Enforcement of any disability arising out of untouchability shall be an offence punishable under law. The Protection of Civil Rights Act, 1955 (earlier Untouchability Offences Act 1955) was enacted to give effect to Article 17. Article 17 applies not only against the State but also against private individuals, making it one of the unique Fundamental Rights.

Correct Answer: B. Public employment

Article 16 guarantees equality of opportunity to all citizens in matters relating to employment or appointment to any office under the State. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence. Article 16(3) allows Parliament to make laws prescribing residence requirements for certain state employment. Article 16(4) allows reservation for backward classes inadequately represented in state services.

Correct Answer: B. Public order, morality and health

Article 25 guarantees freedom of conscience and the right to profess, practise, and propagate religion to all persons. This right is subject to public order, morality, and health, as well as other Fundamental Rights. The State can regulate secular activities associated with religious practice. However, purely religious beliefs and internal practices cannot be interfered with by the State.

Correct Answer: C. Article 18

Article 18 abolishes titles and provides that no title (except military or academic distinctions) shall be conferred by the State. No citizen shall accept any title from a foreign State without the President's consent. No person holding an office of profit under the State shall accept any present, emolument, or office from any foreign State without the President's consent. This article promotes republicanism and equality by eliminating hereditary distinctions.

Correct Answer: A. 86th Amendment 2002

The 86th Constitutional Amendment Act, 2002 inserted Article 21-A which provides for free and compulsory education to all children between 6 and 14 years as a Fundamental Right. Accordingly, the Right of Children to Free and Compulsory Education Act (RTE Act) was enacted in 2009. The 86th Amendment also amended Article 45 (Directive Principle) and Article 51A (Fundamental Duties) to reflect this change. India became the 135th country to make education a fundamental right.

Correct Answer: B. Religious and linguistic minorities

Articles 29 and 30 protect the cultural and educational rights of religious and linguistic minorities. Article 29 allows minorities to conserve their distinct language, script, or culture. Article 30 grants minorities the right to establish and administer educational institutions of their choice. Together, these articles ensure minority communities can preserve their unique identity and transmit it through education.

Correct Answer: A. Right to Property

The 44th Constitutional Amendment Act, 1978 deleted the Right to Property (Article 31) from the list of Fundamental Rights. Now property rights are only a legal right under Article 300-A which states that no person shall be deprived of his property save by authority of law. The 44th Amendment was passed by the Janata government under Prime Minister Morarji Desai. The right to property as a Fundamental Right was always controversial due to land reform legislation.