Fundamental Rights (Art 12-35) — Set 7

Correct Answer: B. Women and children

Article 15(3) is an enabling provision allowing the State to make special provisions for women and children despite the general prohibition on discrimination under Article 15(1). This facilitates affirmative action like women's reservation, maternity benefits, and special educational schemes for girls. Without Article 15(3), such differentiation would violate the right to equality. This clause enables protection of these weaker sections of society.

Correct Answer: B. Members of Armed Forces and Police

Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of members of the Armed Forces, the Forces charged with the maintenance of public order (like police), persons employed in any bureau or organization established by the State for purposes of intelligence or counter-intelligence, and persons employed by the State in establishments for communications. Parliament can make special laws for these categories in the interest of discipline and proper functioning. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: C. Article 20(3)

Article 20(3) provides protection against self-incrimination by stating that no person accused of any offence shall be compelled to be a witness against himself. This right applies from the moment of accusation, not just during trial. The Supreme Court has held that this right covers not just oral testimony but also documentary evidence. However, this protection does not extend to real or physical evidence like fingerprints, blood samples, or DNA tests.

Correct Answer: B. Supreme Court

Article 32 gives every person the right to approach the Supreme Court directly for enforcement of Fundamental Rights. The Supreme Court can issue writs of habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. Article 32 itself is a fundamental right, so it cannot ordinarily be suspended. It is the most direct and guaranteed route for enforcing Fundamental Rights in India.

Correct Answer: C. Article 19 - Six Freedoms

Article 19 with its six fundamental freedoms (freedom of speech, assembly, association, movement, residence, and profession) is available only to citizens of India, not to foreign nationals. In contrast, Articles 14, 20, 21, 22, 23, 24, 25, 26, 27, and 28 are available to all persons (citizens and non-citizens alike). This distinction is important as it limits certain freedoms to those with a special bond with the Indian state.

Correct Answer: B. Public employment under the State

Article 16 guarantees equality of opportunity in matters of public employment or appointment to any office under the State. No citizen can be discriminated against on grounds of religion, race, caste, sex, descent, place of birth, or residence. The State can make reservations for backward classes and SCs/STs under Article 16(4). This article is a specific application of the general equality principle under Article 14.

Correct Answer: C. All persons (citizens and non-citizens)

Article 25 guarantees freedom of conscience and the right to freely profess, practise, and propagate religion to all persons — not just citizens. This broad coverage ensures that even foreigners in India enjoy this freedom. The right is subject to public order, morality, health, and other Fundamental Rights. However, purely religious beliefs and internal practices are fully protected from State interference.

Correct Answer: B. Fair, just and reasonable

In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the procedure under Article 21 must be fair, just, and reasonable — not any arbitrary procedure enacted by Parliament. The court held Articles 14, 19, and 21 are interlinked and must be read together. This judgment greatly expanded the scope of Article 21. It is one of the most significant constitutional law judgments in India.

Correct Answer: B. Language

Article 15(1) prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth. Language is NOT one of the prohibited grounds of discrimination under Article 15(1). However, linguistic minorities are protected under Articles 29 and 30. The absence of language from Article 15(1) is a notable distinction in India's constitutional equality framework.

Correct Answer: C. Article 32

Public Interest Litigation was developed through the expansion of Article 32 by the Supreme Court. Justices P.N. Bhagwati and V.R. Krishna Iyer pioneered PIL by relaxing the requirement of locus standi. Now any public-spirited person can file petitions on behalf of those who cannot approach the court. PIL has addressed issues of environment, prison conditions, child labour, and governance. It is a powerful tool for social justice.