Fundamental Rights — Set 12

Correct Answer: C. Article 26

• **Article 26** = grants every religious denomination the collective right to manage its own affairs in matters of religion. • **Four freedoms** — establish and maintain religious/charitable institutions; manage religious affairs; 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 25) is wrong because Art.25 deals with individual freedom of conscience, profession, practice, and propagation; Option D (Article 27) is wrong because Art.27 prohibits state taxation for promoting any particular religion.

Correct Answer: A. Article 24

• **Article 24** = prohibits the employment of children below 14 years in factories, mines, or other hazardous work. • **Age limit 14** — part of 'Right against Exploitation' (Arts.23-24); Child Labour (Prohibition and Regulation) Act 1986 and 2016 amendment give teeth to this right. • 💡 Option B (Article 21A) is wrong because Art.21A provides for education (6-14 years), not prohibition of factory work; Option C (Article 23) is wrong because Art.23 prohibits trafficking and forced labour (begar) — not specifically child factory work; Option D (Article 39) is wrong because Art.39 is a DPSP (directive principle) for economic justice, not an enforceable prohibition on child labour.

Correct Answer: A. Article 15

• **Article 15** = available only to citizens of India; prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. • **Citizens-only FRs** — Arts.15, 16, 19, 29, 30; Arts.14, 21, 25 apply to 'all persons' including foreigners (except enemy aliens). • 💡 Option B (Article 21) is wrong because Art.21 (right to life and personal liberty) is available to all persons, not just citizens; Option C (Article 14) is wrong because Art.14 (equality before law) applies to all persons; Option D (Article 25) is wrong because Art.25 (freedom of religion) is available to all persons, citizens and non-citizens.

Correct Answer: C. Article 14

• **Article 14** = embodies the 'Rule of Law', a basic feature of the Indian Constitution. • **Rule of Law (A.V. Dicey)** — three elements: supremacy of law, equality before law, and predominance of legal spirit; Art.14 adopts 'equality before law' (British) and 'equal protection of laws' (American). • 💡 Option A (Article 32) is wrong because Art.32 provides constitutional remedies, not the rule of law; Option B (Article 21) is wrong because Art.21 covers right to life and liberty; Option D (Article 19) is wrong because Art.19 guarantees six freedoms, not specifically the rule of law.

Correct Answer: D. 86th Amendment

• **86th Amendment** = the Constitutional Amendment Act of 2002 added the Right to Education (Art.21A) to the Fundamental Rights. • **Three changes** — (1) inserted Art.21A making free and compulsory education for 6-14 year olds a FR; (2) modified Art.45 (DPSP) for early childhood care below 6; (3) added Art.51A(k) as a Fundamental Duty for parents. • 💡 Option A (97th Amendment) is wrong because 97th Amendment (2011) gave constitutional status to cooperatives; Option B (42nd Amendment) is wrong because 42nd Amendment (1976) added DPSPs/Fundamental Duties, not RTE; Option C (44th Amendment) is wrong because 44th Amendment (1978) removed the Right to Property, not added RTE.

Correct Answer: A. Justiciable

• **Justiciable** = Fundamental Rights are justiciable, meaning they can be enforced through the courts if violated. • **Art.32 remedy** — citizens can directly approach the Supreme Court under Art.32 (or High Courts under Art.226) for FR enforcement via writs; DPSPs (Part IV) are non-justiciable. • 💡 Option B (Non-justiciable) is wrong because non-justiciability is a feature of Directive Principles of State Policy (Part IV), not FRs; Option C (Flexible) is wrong because FRs are part of the rigid Constitution; Option D (Absolute) is wrong because FRs are NOT absolute — reasonable restrictions can be placed on them.

Correct Answer: D. Supreme Court

• **Supreme Court** = the Supreme Court of India is the custodian and guarantor of Fundamental Rights. • **Art.32 power** — SC is empowered to issue directions, orders, and writs for enforcement of FRs; this power is itself a Fundamental Right (Dr. Ambedkar: 'Heart and Soul'). • 💡 Option A (Parliament) is wrong because Parliament can amend FRs but not protect them from its own violations; Option B (Prime Minister) is wrong because PM is the head of executive, not a judicial custodian; Option C (President) is wrong because the President is the constitutional head but not the custodian of FRs.

Correct Answer: D. Article 18

• **Article 18** = deals with abolition of titles; prohibits the State from conferring any title except military or academic distinctions. • **Four clauses** — (1) no State titles; (2) no citizen to accept foreign titles; (3) foreigners in State office need President's consent for foreign title; (4) no State officer to accept presents/emoluments from foreign state. • 💡 Option A (Article 16) is wrong because Art.16 covers equality in public employment; Option B (Article 17) is wrong because Art.17 abolishes untouchability; Option C (Article 19) is wrong because Art.19 grants six freedoms like speech and movement.

Correct Answer: C. Article 23

• **Article 23** = prohibits traffic in human beings, begar (forced labour), and other similar forms of forced labour. • **Violation punishable** — any breach is a criminal offence; State may still impose compulsory service for public purposes (without discrimination on religion/race/caste/class). • 💡 Option A (Article 24) is wrong because Art.24 specifically prohibits child labour below 14 in hazardous work; Option B (Article 25) is wrong because Art.25 covers freedom of conscience and religion; Option D (Article 21) is wrong because Art.21 covers right to life and personal liberty, not specifically forced labour.

Correct Answer: A. Article 32

• **Article 32** = enshrines the Right to Constitutional Remedies; allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. • **Heart and Soul** — Dr. B.R. Ambedkar called Art.32 the 'Heart and Soul' of the Constitution; SC can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto. • 💡 Option B (Article 31) is wrong because Art.31 (right to property) was repealed by the 44th Amendment; Option C (Article 30) is wrong because Art.30 protects minority educational rights; Option D (Article 33) is wrong because Art.33 empowers Parliament to restrict FRs for armed forces.