Fundamental Rights — Set 1

Correct Answer: A. Part III

• **Part III** = the section of the Indian Constitution that contains all Fundamental Rights (Articles 12–35). • **Articles 12–35** — span from the definition of 'State' (Art.12) to Parliament's power to make laws for FRs (Art.35); Part III is justiciable (enforceable by courts). • 💡 Option B (Part II) is wrong because Part II deals with Citizenship (Arts.5-11), not FRs; Option C (Part V) is wrong because Part V covers the Union Legislature (Parliament); Option D (Part IV) is wrong because Part IV contains Directive Principles of State Policy (DPSPs), not FRs.

Correct Answer: D. USA

• **USA** = source country from which Fundamental Rights were borrowed for the Indian Constitution. • **Bill of Rights** — the first 10 amendments to the US Constitution that protect individual liberties; India adapted similar concepts for Part III. • 💡 Option A (United Kingdom) is wrong because UK contributed Parliamentary system, Rule of Law, and single citizenship — not FRs; Option B (Ireland) is wrong because Ireland contributed DPSP (Directive Principles), not FRs; Option C (Canada) is wrong because Canada contributed Federal system with strong Centre and residuary powers to Centre.

Correct Answer: A. Article 12

• **Article 12** = defines 'State' for the purpose of Fundamental Rights; includes the Government of India, Parliament, state governments, state legislatures, and all local or other authorities within India. • **'Other Authorities'** — courts have interpreted this broadly to include statutory corporations (like LIC, ONGC) that have government-like functions. • 💡 Option B (Article 15) is wrong because Article 15 deals with prohibition of discrimination — it uses the definition from Art.12 but doesn't provide it; Option C (Article 14) is wrong because Article 14 guarantees equality before law, not defines 'State'; Option D (Article 13) is wrong because Article 13 declares laws void if they violate FRs — it does not define 'State'.

Correct Answer: B. Article 13

• **Article 13** = declares any law inconsistent with or in derogation of Fundamental Rights to be void to the extent of such inconsistency. • **Judicial Review** — Article 13 provides the constitutional basis for judicial review in India; courts can strike down laws that violate FRs. • 💡 Option A (Article 14) is wrong because Article 14 guarantees equality before law — it does not declare inconsistent laws void; Option C (Article 11) is wrong because Article 11 empowers Parliament to regulate citizenship — unrelated to void laws; Option D (Article 12) is wrong because Article 12 defines 'State' — it does not deal with void laws.

Correct Answer: A. Britain

• **Britain** = source of the concept 'Equality before Law' used in Article 14 of the Indian Constitution. • **Equality before Law** — a negative concept (absence of special privileges); contrasts with 'Equal Protection of Laws' (USA) which is a positive concept requiring the State to treat equals equally. • 💡 Option B (USA) is wrong because USA contributed 'Equal Protection of Laws' not 'Equality before Law'; Option C (France) is wrong because France contributed Liberty, Equality (as ideals in Preamble) and Republic — not specifically this legal concept; Option D (Germany) is wrong because Germany contributed Emergency provisions and suspension of FRs — not this concept.

Correct Answer: D. Article 15

• **Article 15** = prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth. • **Five Grounds** — religion, race, caste, sex, place of birth; note 'descent' and 'residence' are in Art.16 (employment) but NOT in Art.15. • 💡 Option A (Article 17) is wrong because Article 17 specifically abolishes untouchability — it does not list prohibited grounds of discrimination; Option B (Article 16) is wrong because Article 16 deals with equality in public employment, adding 'descent' and 'residence' to the grounds; Option C (Article 14) is wrong because Article 14 provides equality before law as a general principle — not the specific list of prohibited discrimination grounds.

Correct Answer: B. Equality of opportunity in public employment

• **Article 16** = guarantees equality of opportunity in matters of public employment under the State. • **Six Grounds** — religion, race, caste, sex, descent, place of birth, or residence; adds 'descent' and 'residence' to Art.15's five grounds specifically for employment. • 💡 Option A (Abolition of Untouchability) is wrong because that is Article 17, not 16; Option C (Abolition of Titles) is wrong because that is Article 18; Option D (Freedom of Speech) is wrong because that is Article 19(1)(a) — completely unrelated to employment equality.

Correct Answer: D. Article 17

• **Article 17** = abolishes 'Untouchability' in any form and forbids its practice; enforcement is punishable by law. • **Protection of Civil Rights Act, 1955** — enacted by Parliament to enforce Article 17; prescribes punishment for practicing untouchability; amended and renamed from 'Untouchability (Offences) Act' in 1976. • 💡 Option A (Article 18) is wrong because Article 18 abolishes titles like Rai Bahadur, not untouchability; Option B (Article 23) is wrong because Article 23 prohibits trafficking and forced labor (begar); Option C (Article 16) is wrong because Article 16 guarantees equality in public employment — it does not abolish untouchability.

Correct Answer: A. Article 18

• **Article 18** = abolishes titles except military distinctions (like General, Admiral) and academic distinctions (like PhD, Doctor). • **Bharat Ratna** — civilian honours like Bharat Ratna are NOT titles under Art.18; a citizen cannot use Bharat Ratna as a prefix or suffix to their name; they remain national awards, not hereditary titles. • 💡 Option B (Article 20) is wrong because Article 20 protects against arbitrary conviction (ex-post facto law, double jeopardy, self-incrimination); Option C (Article 19) is wrong because Article 19 guarantees six freedoms like speech, assembly, movement; Option D (Article 21) is wrong because Article 21 protects life and personal liberty — none of these deal with abolition of titles.

Correct Answer: A. Six

• **Six** = current number of freedoms guaranteed under Article 19 of the Indian Constitution (available only to citizens). • **44th Amendment, 1978** — removed the 7th freedom (Right to Property under Art.19(1)(f) and Art.31); property is now a legal right under Art.300A in Part XII. • 💡 Option B (Seven) is wrong because seven was the original count — property was removed by 44th Amendment in 1978; Option C (Eight) is wrong because there were never eight freedoms under Art.19; Option D (Five) is wrong because five is also incorrect — the current count is six after removing one.