Fundamental Rights (Art 12-35) — Set 9

Correct Answer: B. Part III — Fundamental Rights

In I.C. Golak Nath v. State of Punjab (1967), the Supreme Court by a 6:5 majority held that Parliament cannot amend Part III of the Constitution to abridge or take away Fundamental Rights. The court held these rights were transcendental and immutable. This decision was overruled by the Kesavananda Bharati case (1973) and the 24th Constitutional Amendment Act 1971, which upheld Parliament's amending power subject to the Basic Structure Doctrine.

Correct Answer: B. Reasonable classification with intelligible differentia and rational nexus

Article 14 does not prohibit all classification — it only prohibits arbitrary class legislation. The doctrine of reasonable classification allows the State to make distinctions provided the classification is based on an intelligible differentia (a clear basis for distinction) and has a rational nexus with the object sought. For example, differential tax rates based on income levels constitute valid reasonable classification under Article 14.

Correct Answer: C. Right to freedom of speech (Article 19)

Freedom of speech and expression under Article 19(1)(a) is available only to Indian citizens. In contrast, rights under Articles 14 (equality before law), 20 (protection in criminal matters), 21 (right to life), 22 (protection against arbitrary arrest), 23 (prohibition of forced labour), and 24 (prohibition of child labour) are available to all persons including non-citizens. This distinction is fundamental to understanding the scope of Fundamental Rights.

Correct Answer: C. National Emergency by Presidential Order under Article 359

The right under Article 32 to move the Supreme Court can be suspended only during a National Emergency, through a Presidential Order under Article 359. Even then, rights under Articles 20 and 21 cannot be suspended. A State Emergency under Article 356 (President's Rule) does not affect Article 32. Financial Emergency under Article 360 also does not suspend Article 32.

Correct Answer: B. Government and Parliament of India, State Governments and local authorities

Article 12 broadly defines 'State' for Part III purposes 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 wide definition ensures Fundamental Rights can be enforced against all arms of the State. Purely private bodies not under State control generally fall outside this definition.

Correct Answer: B. Private unaided educational institutions (except minority institutions)

Article 15(5) added by the 93rd Constitutional Amendment Act 2005 enables the State to make special provisions for admission to educational institutions including private unaided institutions (except minority institutions) for socially and educationally backward classes, SCs, and STs. This was upheld by the Supreme Court. The 103rd Amendment 2019 separately added Article 15(6) for economically weaker sections.

Correct Answer: B. General public

Article 19(1)(g) guarantees every citizen the right to practise any profession, occupation, trade, or business. Under Article 19(6), the State can impose reasonable restrictions in the interest of the general public. The State can also prescribe professional or technical qualifications necessary for practising certain professions. The State can also carry on trade or business to the exclusion of citizens. All restrictions must be reasonable.

Correct Answer: B. Shreya Singhal v. Union of India

In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A of the Information Technology Act as unconstitutional for violating freedom of speech and expression under Article 19(1)(a). The court held Section 66A was vague, overbroad, and criminalised constitutionally protected speech. This landmark judgment protected online free speech. It reaffirmed that restrictions on speech must satisfy the tests under Article 19(2).

Correct Answer: B. Manage its own affairs in matters of religion and manage property

Article 26 grants every religious denomination or section the right to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, own and acquire property, and administer it in accordance with law. This right is subject to public order, morality, and health. It ensures that each religious group can organise and manage its internal religious affairs independently.

Correct Answer: B. Stop an inferior court from exceeding its jurisdiction before passing an order

The writ of Prohibition is a preventive writ issued to stop an inferior court or tribunal from exceeding its jurisdiction before making an order. It differs from Certiorari which is issued after the order has been made. Prohibition prevents inferior courts from acting ultra vires. It cannot be issued against purely administrative bodies or legislative bodies without quasi-judicial functions.