Fundamental Rights — Set 4

Correct Answer: B. Article 20 and 21

• **Articles 20 and 21** = the ONLY Fundamental Rights that CANNOT be suspended even during a National Emergency declared under Article 352. • **44th Amendment, 1978** — made this change; before this amendment, even Art.21 could be suspended during Emergency (as happened in 1975-77 when ADM Jabalpur case allowed suspension of Habeas Corpus). • 💡 Option A (Article 19) is wrong because Art.19 CAN be suspended during National Emergency involving external aggression or war under Art.358; Option C (Articles 14 and 15) is wrong because Arts.14-15 can be suspended by Presidential Order under Art.359 during Emergency; Option D (Article 32) is wrong because Art.32 (right to approach Supreme Court) can be suspended under Art.359 during Emergency — only Arts.20 and 21 are absolutely non-suspendable.

Correct Answer: B. Legal Right

• **Legal Right** = the current status of the Right to Property after the 44th Amendment Act, 1978 removed it from the list of Fundamental Rights. • **Article 300A** — placed in Part XII (Finance, Property, Contracts and Suits); as a legal right, it cannot be enforced by the Supreme Court under Art.32; can only be challenged in a High Court under Art.226. • 💡 Option A (Moral Right) is wrong because a moral right has no legal basis or enforceability — property is a legally recognized right under Art.300A; Option C (Fundamental Right) is wrong because it was a FR until 1978 — after the 44th Amendment it is NOT a FR anymore; Option D (Directive Principle) is wrong because DPSPs are guidelines for State policy — Right to Property is an individual legal right, not a DPSP.

Correct Answer: A. Article 13

• **Article 13** = also provides the definition of 'law' for Part III; broadly includes ordinances, orders, bye-laws, rules, regulations, notifications, customs, and usages — all are subject to FRs. • **Doctrine of Severability** — if only part of a law violates FRs, only that part is void, not the entire law; doctrine of eclipse applies to pre-constitutional laws that revive if the FR conflict is resolved. • 💡 Option B (Article 15) is wrong because Art.15 deals with prohibition of discrimination — it doesn't define 'law'; Option C (Article 14) is wrong because Art.14 guarantees equality before law — it doesn't define what counts as 'law'; Option D (Article 12) is wrong because Art.12 defines 'State' — not 'law'.

Correct Answer: C. Article 16

• **Article 16** = the Creamy Layer concept is associated with Art.16(4) which allows reservation for 'backward classes'; the Creamy Layer excludes economically advanced members of OBCs from reservation benefits. • **Indra Sawhney Case, 1992** — also known as Mandal Commission case; 9-judge bench; upheld 27% OBC reservation but introduced Creamy Layer exclusion; also capped total reservations at 50%. • 💡 Option A (Article 15) is wrong because while Art.15(4) also allows reservation for backward classes, the specific Creamy Layer jurisprudence is tied to Art.16(4) for employment; Option B (Article 18) is wrong because Art.18 abolishes titles — completely unrelated to reservation and Creamy Layer; Option D (Article 17) is wrong because Art.17 abolishes untouchability — it deals with SC/ST rights, not OBC Creamy Layer for reservations.

Correct Answer: B. Article 25

• **Article 25** = explicitly states in an Explanation that the wearing and carrying of Kirpans shall be deemed to be included in the profession of the Sikh religion. • **Constitutional Provision** — this is the ONLY religion-specific explicit mention in the Fundamental Rights chapter; it recognizes the Kirpan as an essential religious practice of Sikhism under Art.25(1). • 💡 Option A (Article 24) is wrong because Art.24 prohibits child labour below 14 in factories — completely unrelated to religious practices or Sikhs; Option C (Article 27) is wrong because Art.27 prohibits compulsory taxes for promoting any religion — it does not protect individual religious practices like Kirpan; Option D (Article 26) is wrong because Art.26 gives collective rights to religious denominations to manage their affairs — it does not specifically mention Kirpan or Sikh practices.

Correct Answer: D. Article 27

• **Article 27** = prohibits the State from compelling any person to pay any tax the proceeds of which are specifically appropriated for the promotion or maintenance of any particular religion or religious denomination. • **Secular Public Funds** — ensures public money is not used for any specific religion; a general tax used for public welfare (roads, hospitals) that also happens to benefit a temple is NOT prohibited. • 💡 Option A (Article 28) is wrong because Art.28 prohibits religious instruction in state-funded schools — not about taxation; Option B (Article 25) is wrong because Art.25 grants individual freedom of conscience and religion — not about taxation; Option C (Article 26) is wrong because Art.26 allows denominations to manage their affairs and own property — it does not deal with prohibition of religious taxation.

Correct Answer: B. Supreme Court

• **Supreme Court** = the 'Guarantor and Defender' of Fundamental Rights in India; it can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) under Article 32. • **Article 32** — the right to move the Supreme Court itself is a FR; Dr. Ambedkar called Art.32 the 'heart and soul'; High Courts also issue writs under Art.226 for both FRs and legal rights. • 💡 Option A (Prime Minister) is wrong because the PM is the head of government but has no constitutional power to enforce FRs or issue writs; Option C (Parliament) is wrong because Parliament makes laws and can amend FRs but cannot enforce them — that is the judiciary's role; Option D (President) is wrong because the President is the constitutional head but does not have judicial powers to defend or enforce FRs directly.

Correct Answer: B. Form Cooperative Societies

• **Form Cooperative Societies** = the right added to Article 19(1)(c) by the 97th Constitutional Amendment Act, 2011. • **97th Amendment** — also inserted Part IXB into the Constitution dealing with cooperative societies; added a new DPSP under Art.43B; and added a new Fundamental Duty under Art.51A(k) — all in one amendment. • 💡 Option A (Form Political Parties) is wrong because the right to form political parties comes under Art.19(1)(c) which already covered 'associations' — no new amendment was needed for this; Option C (Right to Internet) is wrong because the Right to Internet was declared by Kerala High Court under Art.19(1)(a) (speech and expression) — not added by any constitutional amendment; Option D (Right to Information) is wrong because RTI is implied in Art.19(1)(a) as part of freedom of speech — no constitutional amendment added it explicitly to Art.19.

Correct Answer: A. Kesavananda Bharati Case

• **Kesavananda Bharati Case, 1973** = landmark 13-judge Supreme Court bench decision that established the 'Basic Structure Doctrine'; held that Parliament CANNOT amend the basic features of the Constitution. • **Basic Structure** — includes democracy, secularism, federalism, separation of powers, judicial review, FRs; even a constitutional amendment under Art.368 cannot destroy these; overruled the Golaknath Case (1967) in part. • 💡 Option B (Minerva Mills Case) is wrong because Minerva Mills 1980 reaffirmed Basic Structure but did NOT establish it — Kesavananda (1973) did; Option C (Golaknath Case) is wrong because Golaknath 1967 held Parliament cannot amend FRs at all — Kesavananda modified this with the Basic Structure doctrine; Option D (Maneka Gandhi Case) is wrong because Maneka Gandhi 1978 expanded the scope of Art.21 (due process) — it did not establish the Basic Structure doctrine.

Correct Answer: A. Article 28

• **Article 28** = prohibits religious instruction in educational institutions wholly maintained out of State funds; no person attending such an institution can be required to take part in religious instruction or worship. • **Three Types of Institutions** — (1) Wholly State-funded: NO religious instruction allowed; (2) State-aided but not owned: religious instruction allowed with voluntary attendance; (3) Institutions under a trust/endowment requiring religious instruction: exempt from Art.28. • 💡 Option B (Article 29) is wrong because Art.29 protects minority cultural and linguistic rights — not about religious instruction in schools; Option C (Article 26) is wrong because Art.26 gives religious denominations the right to manage their own institutions — it doesn't regulate government-funded schools; Option D (Article 27) is wrong because Art.27 prohibits taxation for religious promotion — not about religious instruction in educational institutions.