Fundamental Rights (Art 12-35) — Set 5

Correct Answer: B. Armed forces, police forces and intelligence agencies

Article 33 empowers Parliament to restrict or abrogate Fundamental Rights in their application to armed forces, police forces, intelligence agencies, and analogous forces to ensure discipline and proper discharge of duties. Only Parliament (not state legislatures) can make such laws. This provision acknowledges that special discipline requirements exist in these services that may require departure from normal rights.

Correct Answer: B. Article 253

Article 253 enables Parliament to make laws for the whole or any part of India for implementing international treaties, agreements, or conventions. This power is an exception to the normal federal division of powers as it allows Parliament to legislate even on State List subjects. Many important laws like the Wildlife Protection Act have been enacted using this Article. This power ensures India can fulfill its international obligations even when they touch on state subjects.

Correct Answer: C. Article 20(3)

Article 20(3) guarantees the right against self-incrimination, stating that no person accused of any offence shall be compelled to be a witness against themselves. This covers oral testimony, documentary evidence, and all forms of compelled self-incrimination. The Supreme Court has interpreted this broadly to protect the dignity and privacy of accused persons in criminal proceedings.

Correct Answer: B. Enforce Article 17 and 23, and to prescribe punishment for Article 20 violations

Article 35 empowers Parliament to make laws for giving effect to specified Fundamental Rights. Parliament has power to legislate: on matters under Articles 16(3), 32(3), 33, 34 and to prescribe punishment for acts declared offences under Part III (particularly Articles 17, 23). Parliament alone has power to legislate on these matters, to the exclusion of state legislatures. This ensures uniform laws across India for protecting Fundamental Rights.

Correct Answer: C. You shall have the body

Habeas Corpus is a Latin phrase that literally means 'you shall have the body.' It is a writ issued by a court to a person detaining another, requiring the detainee to be brought before the court to examine the legality of detention. If the detention is found to be unlawful, the court orders release. The Habeas Corpus writ is considered the most important safeguard of personal liberty. In India, it can be issued by both the Supreme Court (Article 32) and High Courts (Article 226).

Correct Answer: B. Ex post facto (retrospective) criminal laws

Article 20(1) protects citizens against ex post facto laws — laws that create criminal offences retrospectively. No person can be convicted for an act that was not an offence at the time it was committed. Also, no person shall be subjected to a penalty greater than what was prescribed at the time of the offence. This provision upholds the rule of law and ensures legal certainty in criminal matters.

Correct Answer: C. Command a public authority to perform its duty

Mandamus (Latin for 'we command') is a writ issued by a court ordering a public authority, government official, lower court, or tribunal to perform a duty that is mandatory in nature and which they have refused or failed to perform. It can be issued against government authorities, corporations, and even inferior courts. Unlike habeas corpus which protects personal liberty, mandamus is used to compel performance of public duties. It cannot be issued against the President or Governors of states.

Correct Answer: B. Right to Freedom of Speech and Expression

The Right to Information Act, 2005 gives practical effect to the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution. The Supreme Court had held in several cases that freedom of speech includes the right to receive information. The RTI Act enables citizens to obtain information from government authorities within 30 days. It has been described as a revolutionary instrument for promoting transparency and accountability in government.

Correct Answer: A. Article 19 (by implication)

Freedom of the press is not explicitly mentioned in the Indian Constitution but is implied within the freedom of speech and expression under Article 19(1)(a). The Supreme Court has held in several cases including Romesh Thapar vs State of Madras (1950) that freedom of press is an essential part of freedom of speech and expression. Restrictions on press freedom must meet the reasonable restrictions test under Article 19(2). This implies freedom of journalism and media.

Correct Answer: B. Socially and educationally backward classes, SCs and STs

Article 15(4) allows the State to make special provisions for the advancement of socially and educationally backward classes and Scheduled Castes/Scheduled Tribes. This clause was inserted by the 1st Constitutional Amendment 1951 to overcome the Champakam Dorairajan case. It forms the constitutional basis for reservations in educational institutions for OBCs, SCs, and STs. The 103rd Amendment 2019 added Article 15(6) separately for EWS.