Fundamental Rights — Set 2

Correct Answer: C. Right to Strike

• **Right to Strike** = NOT a Fundamental Right; it is NOT included under Article 19 of the Indian Constitution. • **Article 19(1)(c)** — guarantees freedom to form associations and unions (including trade unions), but the right to go on strike is regulated by industrial laws like the Industrial Disputes Act, 1947 — not by the Constitution. • 💡 Option A (Freedom of Speech) is wrong because it IS a FR under Art.19(1)(a); Option B (Freedom of Association) is wrong because it IS a FR under Art.19(1)(c); Option D (Freedom of Assembly) is wrong because it IS a FR under Art.19(1)(b) — only the Right to Strike is NOT protected as a FR.

Correct Answer: C. Article 20

• **Article 20(2)** = protection against Double Jeopardy — no person shall be prosecuted and punished for the same offence more than once. • **Double Jeopardy** — applies only to judicial/quasi-judicial proceedings; does NOT apply to departmental/disciplinary proceedings; the protection applies only if the person has already been convicted OR acquitted. • 💡 Option A (Article 21) is wrong because Art.21 protects life and personal liberty — not double jeopardy; Option B (Article 19) is wrong because Art.19 guarantees six freedoms like speech and movement; Option D (Article 22) is wrong because Art.22 provides protection against arbitrary arrest and detention — not double jeopardy.

Correct Answer: A. Article 21

• **Article 21** = guarantees that no person shall be deprived of his life or personal liberty except according to 'procedure established by law'. • **Expanded Scope** — Supreme Court has expanded Art.21 to include: right to privacy (K.S. Puttaswamy 2017), right to livelihood (Olga Tellis 1985), right to health, right to education (before 86th Amendment), right to travel abroad (Maneka Gandhi 1978). • 💡 Option B (Article 24) is wrong because Art.24 prohibits child labour below 14 years — unrelated to life and liberty; Option C (Article 23) is wrong because Art.23 prohibits trafficking and forced labour; Option D (Article 22) is wrong because Art.22 deals with protection against arrest and detention — it is a subset of liberty protections, not the primary guarantee.

Correct Answer: C. 86th Amendment

• **86th Amendment** = added Article 21A to the Constitution, making free and compulsory education a Fundamental Right for children aged 6 to 14 years. • **Article 21A** — inserted in 2002 during Vajpayee government; also amended Article 45 (DPSP) to mention early childhood care for under-6 and added a new Fundamental Duty under Art.51A(k) for parents to provide education. • 💡 Option A (42nd Amendment) is wrong because 42nd Amendment 1976 was the 'Mini Constitution' under Indira Gandhi — it added Fundamental Duties and moved some subjects to Concurrent List; Option B (44th Amendment) is wrong because 44th Amendment 1978 removed Right to Property from FRs; Option D (91st Amendment) is wrong because 91st Amendment 2003 capped the Council of Ministers size at 15% of the legislature.

Correct Answer: A. Arrest and Detention

• **Article 22** = provides protection against arbitrary arrest and detention — applies to cases of ordinary law (not preventive detention). • **Three Rights on Arrest** — (1) right to be informed of grounds of arrest, (2) right to consult and be defended by a lawyer of choice, (3) right to be produced before a magistrate within 24 hours (excluding travel time). • 💡 Option B (Child Labor) is wrong because that is covered under Article 24 (no child below 14 in factories); Option C (Traffic in human beings) is wrong because that is Article 23 (prohibition of trafficking and forced labour); Option D (Unemployment) is wrong because unemployment is not addressed by any Fundamental Right — it falls under Directive Principles.

Correct Answer: D. Article 23

• **Article 23** = prohibits traffic in human beings, begar (forced/bonded labour), and other similar forms of forced labour. • **Available Against Both** — unlike most FRs which operate against the State, Art.23 is enforceable against BOTH the State AND private individuals; violation is a punishable offence. • 💡 Option A (Article 22) is wrong because Art.22 protects against arbitrary arrest and detention — not trafficking; Option B (Article 24) is wrong because Art.24 prohibits child labour below 14 in factories/mines — not human trafficking; Option C (Article 21) is wrong because Art.21 is the broad right to life and liberty — it is not specifically about trafficking or forced labour.

Correct Answer: D. 14 years

• **14 years** = the age limit in Article 24; no child below 14 years shall be employed in any factory, mine, or hazardous employment. • **Article 24** — part of 'Right against Exploitation' (Arts.23-24); Child Labour (Prohibition and Regulation) Act, 1986 enforces this; amended in 2016 to also prohibit children below 14 from working even in family enterprises if hazardous. • 💡 Option A (12 years) is wrong because the Constitution specifies 14, not 12; Option B (16 years) is wrong because 16 is not the constitutional age limit for factory employment under Art.24; Option C (18 years) is wrong because 18 is the age for voting/adult; Art.24 specifically says 14 years for factories and hazardous work.

Correct Answer: B. Article 25

• **Article 25** = grants freedom of conscience and the right to freely profess, practise, and propagate religion to ALL persons (citizens and foreigners alike). • **Subject to Restrictions** — Art.25 is subject to public order, morality, health, and other provisions of Part III; State can regulate secular activities associated with religion; wearing Kirpan by Sikhs is explicitly deemed part of religion under Art.25. • 💡 Option A (Article 26) is wrong because Art.26 gives collective religious rights to denominations to manage their own affairs — not individual freedom of conscience; Option C (Article 27) is wrong because Art.27 prohibits taxes for promoting any religion; Option D (Article 24) is wrong because Art.24 prohibits child labour below 14 — completely unrelated to religion.

Correct Answer: D. Religious Denominations

• **Religious Denominations** = entities granted rights under Article 26 to manage their own religious and temporal affairs. • **Four Rights under Art.26** — (1) establish and maintain religious institutions, (2) manage own affairs in religion, (3) own and acquire movable/immovable property, (4) administer such property; subject to public order, morality, and health. • 💡 Option A (Foreigners) is wrong because foreigners can exercise Art.25 but Art.26 is for recognized religious denominations, not simply foreigners; Option B (Individuals) is wrong because Art.25 is for individuals — Art.26 is specifically for religious denominations; Option C (The State) is wrong because the State cannot manage religious affairs of denominations — that would violate the secular principle.

Correct Answer: C. Article 29

• **Article 29** = protects the interests of minorities by giving any section of citizens the right to conserve their distinct language, script, or culture. • **Broader than Minorities** — Art.29 uses 'any section of citizens' so it applies even to majorities if they have a distinct culture; but Art.30 is exclusively for religious/linguistic minorities. • 💡 Option A (Article 30) is wrong because Art.30 specifically gives minorities the right to establish and administer educational institutions — not the general cultural protection; Option B (Article 28) is wrong because Art.28 prohibits religious instruction in state-funded schools; Option D (Article 27) is wrong because Art.27 prohibits taxes for promoting religion — unrelated to minority cultural protection.