Fundamental Rights — Set 11

Correct Answer: A. Magna Carta of India

• **Magna Carta of India** = Part III of the Indian Constitution is often called this because it contains a comprehensive list of justiciable rights. • **Magna Carta origin** — the 1215 English charter signed by King John at Runnymede, the first document to restrict monarchical power; Indian FRs drew inspiration from USA Bill of Rights. • 💡 Option B (Soul of India) is wrong because this is not a recognized description of Part III; Option C (Bill of Rights) is wrong because 'Bill of Rights' specifically refers to the US Constitution's first ten amendments; Option D (Basic Law) is wrong because 'Basic Law' usually refers to Germany's constitution (Grundgesetz).

Correct Answer: D. B.R. Ambedkar

• **B.R. Ambedkar** = described Article 32 as the 'Heart and Soul' of the Constitution during Constituent Assembly debates. • **Article 32** — the right to constitutional remedies; empowers citizens to directly move the Supreme Court for enforcement of Fundamental Rights through writs. • 💡 Option A (B.N. Rau) is wrong because Rau was the Constitutional Advisor but did not coin this phrase; Option B (J.L. Nehru) is wrong because Nehru was the first PM but this statement is attributed to Ambedkar; Option C (M.K. Gandhi) is wrong because Gandhi was not a member of the Constituent Assembly.

Correct Answer: A. 44th Amendment

• **44th Amendment** = the Constitutional Amendment Act of 1978 that removed the Right to Property from Fundamental Rights. • **Reason & impact** — to facilitate land reforms, agrarian justice, and abolition of zamindari; repealed Art.19(1)(f) and Art.31; inserted Art.300A making property a constitutional/legal right. • 💡 Option B (52nd Amendment) is wrong because 52nd Amendment dealt with anti-defection law (10th Schedule); Option C (42nd Amendment) is wrong because 42nd Amendment added DPSPs/Fundamental Duties during Emergency, not removal of property; Option D (86th Amendment) is wrong because 86th Amendment added Right to Education (Art.21A), not property removal.

Correct Answer: D. The State

• **The State** = Fundamental Rights are primarily available against the actions of 'the State' as defined in Article 12. • **Art.12 definition** — 'State' includes Government of India, Parliament, state governments, state legislatures, and all local/other authorities within India. • 💡 Option A (Foreign Governments) is wrong because FRs cannot be enforced against foreign governments — only against Indian State; Option B (United Nations) is wrong because UN is an international body outside domestic FR jurisdiction; Option C (Private Companies) is wrong because generally FRs do not apply against private bodies unless they perform state-like functions.

Correct Answer: B. Article 17

• **Article 17** = abolishes 'untouchability' and forbids its practice in any form. • **Absolute right** — unlike most FRs, Art.17 has no exceptions and operates against both the State AND private individuals; enforcement is made offence punishable by law. • 💡 Option A (Article 18) is wrong because Art.18 abolishes titles like Rai Bahadur; Option C (Article 16) is wrong because Art.16 covers equality in public employment; Option D (Article 23) is wrong because Art.23 prohibits trafficking and forced labour (begar).

Correct Answer: D. Right to Education

• **Right to Education** = Article 21A guarantees free and compulsory education for all children aged 6 to 14 years. • **86th Amendment 2002** — inserted Art.21A under Vajpayee government; RTE Act 2009 operationalized it; Art.45 (DPSP) modified to focus on early childhood care (below 6); Art.51A(k) added as a fundamental duty for parents/guardians. • 💡 Option A (Right to Privacy) is wrong because Privacy was recognized under Art.21 in Puttaswamy 2017, not 21A; Option B (Right to Work) is wrong because right to work is an unenforceable DPSP under Art.41; Option C (Right to Health) is wrong because health is read into Art.21, not Art.21A.

Correct Answer: C. Personal Liberty

• **Personal Liberty** = the writ of Habeas Corpus protects personal liberty by requiring the detaining authority to produce the detainee before the court. • **Habeas Corpus meaning** — literally 'you may have the body'; issued against illegal/unlawful detention by both state and private persons; most valuable writ for personal freedom. • 💡 Option A (Property Rights) is wrong because property matters are handled through civil remedies and Art.300A, not Habeas Corpus; Option B (Freedom of Speech) is wrong because speech is protected by Art.19(1)(a); Option D (Freedom of Religion) is wrong because religion is protected under Arts.25-28, not Habeas Corpus.

Correct Answer: A. 14-18

• **14-18** = the Right to Equality is covered under Articles 14 to 18 of the Constitution. • **Five Articles** — Art.14 (equality before law), Art.15 (prohibition of discrimination), Art.16 (equality of opportunity in public employment), Art.17 (abolition of untouchability), Art.18 (abolition of titles). • 💡 Option B (23-24) is wrong because Arts.23-24 cover Right against Exploitation (trafficking, forced labour, child labour); Option C (19-22) is wrong because Arts.19-22 cover Right to Freedom; Option D (25-28) is wrong because Arts.25-28 cover Freedom of Religion.

Correct Answer: C. Article 23

• **Article 23** = prohibits trafficking in human beings, begar (forced labour), and other similar forms of forced labour. • **Scope** — applies to both citizens and non-citizens; available against both State and private individuals; State can impose compulsory service for public purposes (like military service). • 💡 Option A (Article 25) is wrong because Art.25 covers freedom of conscience and religion; Option B (Article 24) is wrong because Art.24 specifically deals with child labour below 14 in hazardous work; Option D (Article 21) is wrong because Art.21 covers right to life and personal liberty.

Correct Answer: B. Article 32

• **Article 32** = the Supreme Court issues writs under Article 32 for enforcement of Fundamental Rights. • **Art.32 vs Art.226** — SC uses Art.32 only for FR enforcement; High Courts use Art.226 with broader scope (for FRs and 'any other purpose'); Art.32 is itself a Fundamental Right. • 💡 Option A (Article 30) is wrong because Art.30 deals with minority rights to establish educational institutions; Option C (Article 13) is wrong because Art.13 declares FR-inconsistent laws void; Option D (Article 226) is wrong because Art.226 is used by High Courts (not the Supreme Court) to issue writs.