Fundamental Rights — Set 10

Correct Answer: D. Article 21

• **Article 21** = the 'Right to Health' has been read into the right to life and personal liberty by the Supreme Court. • **Key cases** — Bandhua Mukti Morcha, Parmanand Katara (emergency medical care), Paschim Banga Khet Mazdoor Samity (govt hospitals' duty to treat); read with DPSP Art.47 (public health). • 💡 Option A (Article 19) is wrong because Art.19 covers the six freedoms, not health; Option B (Article 23) is wrong because Art.23 prohibits trafficking and forced labour; Option C (Article 14) is wrong because Art.14 provides equality before law, not the right to health.

Correct Answer: C. Quo-Warranto

• **Quo-Warranto** = literally means 'by what authority'; a writ challenging a person's legal right to hold a public office. • **Use & Scope** — issued only for substantive public offices of permanent character created by statute or Constitution; not against private/ministerial offices; any person (not just aggrieved) can file. • 💡 Option A (Prohibition) is wrong because Prohibition means 'to forbid' — stops a lower court from exceeding jurisdiction; Option B (Certiorari) is wrong because Certiorari means 'to be certified' — quashes orders of lower courts; Option D (Mandamus) is wrong because Mandamus means 'we command' — directs performance of public duty.

Correct Answer: C. Article 24

• **Article 24** = prohibits the employment of any child below the age of 14 years in any factory, mine, or other hazardous employment. • **Implementation** — Child Labour (Prohibition and Regulation) Act 1986; 2016 Amendment banned child labour in all occupations for children under 14, and restricted adolescents (14-18) from hazardous work. • 💡 Option A (Article 23) is wrong because Art.23 prohibits trafficking and forced labour (begar) — not specifically children in factories; Option B (Article 22) is wrong because Art.22 deals with protection against arbitrary arrest; Option D (Article 21A) is wrong because 21A provides for education of children aged 6-14, not prohibition of factory work.

Correct Answer: D. Article 26

• **Article 26** = guarantees every religious denomination the freedom to manage its own religious affairs. • **Four rights** — establish and maintain institutions for religious/charitable purposes; manage its own affairs in matters of religion; own and acquire movable/immovable property; administer such property in accordance with law. • 💡 Option A (Article 28) is wrong because Art.28 prohibits religious instruction in fully state-funded institutions; Option B (Article 27) is wrong because Art.27 prohibits taxation for promoting any religion; Option C (Article 25) is wrong because Art.25 guarantees individual freedom of conscience and religion, not denominational management.

Correct Answer: D. Article 29

• **Article 29** = protects the interests of minorities by ensuring any section of citizens having a distinct language, script or culture has the right to conserve it. • **Two clauses** — 29(1) conserving language/script/culture of any section; 29(2) no denial of admission to state-aided educational institutions on grounds of religion, race, caste, language. • 💡 Option A (Article 25) is wrong because Art.25 deals with freedom of conscience and religion, not language/script; Option B (Article 30) is wrong because Art.30 covers rights of minorities to establish educational institutions, not specifically language/script conservation; Option C (Article 28) is wrong because Art.28 covers religious instruction in educational institutions.

Correct Answer: D. Higher Court to Lower Court

• **Higher Court to Lower Court** = the writ of Prohibition is issued by a higher court (SC/HC) to a lower court or tribunal to stop proceedings in a pending case. • **Preventive nature** — issued during the proceedings (before judgment) when jurisdiction is exceeded or natural justice is violated; by contrast, Certiorari is curative (issued after decision). • 💡 Option A (Parliament to Judiciary) is wrong because writs are issued by courts under Arts.32/226, not by Parliament; Option B (Executive to Judiciary) is wrong because the executive cannot issue writs; Option C (Lower Court to Higher Court) is wrong because the writ always flows from the superior court down to the inferior court.

Correct Answer: B. Article 16

• **Article 16** = guarantees equality of opportunity for all citizens in matters of employment or appointment to any office under the State. • **Six grounds** — no discrimination on religion, race, caste, sex, descent, place of birth or residence; adds 'descent' and 'residence' to Art.15's five grounds. • 💡 Option A (Article 14) is wrong because Art.14 provides general equality before law, not employment-specific; Option C (Article 17) is wrong because Art.17 abolishes untouchability; Option D (Article 15) is wrong because Art.15 prohibits general discrimination on five grounds but does not specifically cover public employment.

Correct Answer: D. Nowhere in the Constitution

• **Nowhere in the Constitution** = the term 'Untouchability' is not defined in the Constitution despite being abolished by Article 17. • **Judicial interpretation** — courts rely on the historical context of caste-based social exclusion; SC in Devarajiah v. Padmanna held it refers to the traditional practice against certain castes deemed 'impure'. • 💡 Option A (Article 17) is wrong because Art.17 abolishes but does not define the term; Option B (Article 366) is wrong because the definitions article does not include 'untouchability'; Option C (Protection of Civil Rights Act) is wrong because the Act penalizes but does not define the term.

Correct Answer: D. Article 21

• **Article 21** = the right to travel abroad is part of the right to personal liberty under Article 21. • **Maneka Gandhi case 1978** — SC held that impounding Maneka Gandhi's passport violated Art.21; expanded 'personal liberty' to include right to travel abroad; introduced 'due process' test. • 💡 Option A (Article 19) is wrong because Art.19(1)(d) covers movement only within India, not foreign travel; Option B (Article 20) is wrong because Art.20 gives protection against ex-post facto laws, double jeopardy, self-incrimination; Option C (Article 14) is wrong because Art.14 provides equality before law, not travel rights.

Correct Answer: A. Seven

• **Seven** = the Indian Constitution originally provided seven Fundamental Rights. • **Original seven** — Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, Right to Property, and Right to Constitutional Remedies. • 💡 Option B (Five) is wrong because there were always more than five FRs originally; Option C (Eight) is wrong because the original Constitution did not contain eight FRs; Option D (Six) is wrong because six is the CURRENT number (after Property was removed), not the original count.