Fundamental Rights — Set 8

Correct Answer: D. Mandamus

• **Mandamus** = literally means 'we command'; it is a writ commanding a public body, corporation, inferior court, or public official to perform a specific public duty imposed by law. • **Cannot Be Issued Against** — private individuals or private bodies; the President of India or Governors; a court to act in a particular way in a discretionary matter; when the duty is purely discretionary (not mandatory). • 💡 Option A (Certiorari) is wrong because Certiorari means 'to be certified' — it is used to quash orders of lower courts, not to command performance of duties; Option B (Quo-Warranto) is wrong because Quo-Warranto means 'by what authority' — it challenges a person's right to hold public office, not commands performance of duty; Option C (Habeas Corpus) is wrong because Habeas Corpus means 'to have the body' — it is for releasing detained persons, not commanding performance of administrative duties.

Correct Answer: C. Kerala Case (Faheema Shirin)

• **Kerala Case (Faheema Shirin)** = the 2019 Kerala High Court case that declared the 'Right to Internet' as a Fundamental Right under Article 19 of the Constitution. • **Significance** — Faheema Shirin was a student whose internet access in hostel was restricted; HC held internet access is part of freedom of speech (Art.19(1)(a)) and right to education (Art.21A); set precedent that was later acknowledged by other courts including the Supreme Court in Anuradha Bhasin case (2020) on Kashmir internet shutdown. • 💡 Option A (Puttaswamy Case) is wrong because K.S. Puttaswamy 2017 established Right to Privacy under Art.21 — not Right to Internet; Option B (Maneka Gandhi Case) is wrong because Maneka Gandhi 1978 expanded Art.21 to include right to travel abroad and established Golden Triangle — not Right to Internet; Option D (Shah Bano Case) is wrong because Shah Bano 1985 dealt with Muslim women's maintenance rights under CrPC Section 125 — completely unrelated to internet rights.

Correct Answer: B. Article 20(2)

• **Article 20(2)** = ensures that no person shall be prosecuted and punished for the same offense more than once. • **Double Jeopardy** — a key principle of criminal jurisprudence; applies only to judicial or quasi-judicial proceedings, not departmental inquiries. • 💡 Option A (Article 21) is wrong because Art.21 protects life and personal liberty, not double jeopardy; Option C (Article 20(3)) is wrong because 20(3) deals with protection against self-incrimination; Option D (Article 20(1)) is wrong because 20(1) protects against ex-post facto laws, not double punishment.

Correct Answer: B. Central/State Government

• **Central/State Government** = the authority that decides and notifies whether a community qualifies as a minority under Article 30. • **Population-based criteria** — religious minorities notified by Central Government (6 groups: Muslim, Christian, Sikh, Buddhist, Jain, Parsi); linguistic minorities determined state-wise based on population. • 💡 Option A (Supreme Court) is wrong because courts interpret but do not notify minority status; Option C (President) is wrong because notification is an executive function, not presidential; Option D (Parliament) is wrong because Parliament legislates but the actual notification is done by the government executive.

Correct Answer: A. Article 358 & 359

• **Article 358 & 359** = deal with suspension of Fundamental Rights during National Emergency. • **Art.358 vs Art.359** — Art.358 automatically suspends Art.19 on proclamation of emergency (only due to war/external aggression after 44th Amendment); Art.359 allows President to suspend enforcement of other FRs (except Arts.20 and 21). • 💡 Option B (Article 360) is wrong because Art.360 deals with Financial Emergency, not FR suspension; Option C (Article 356) is wrong because Art.356 deals with President's Rule in states; Option D (Article 352) is wrong because Art.352 only proclaims National Emergency — it does not itself suspend FRs.

Correct Answer: B. Article 16(4B)

• **Article 16(4B)** = the 'Carry Forward Rule' in reservations, allowing unfilled reserved vacancies of a year to be carried over to succeeding years. • **81st Amendment 2000** — inserted Art.16(4B); carried-forward vacancies are treated as a separate class and do not count towards the 50% ceiling for that year. • 💡 Option A (Article 17) is wrong because Art.17 abolishes untouchability — unrelated to reservations; Option C (Article 14) is wrong because Art.14 is the general equality clause, not carry-forward specifically; Option D (Article 15(4)) is wrong because 15(4) allows special provisions for backward classes in education/general welfare, not the specific carry-forward rule in employment.

Correct Answer: C. Article 21

• **Article 21** = described as the 'bedrock of Indian democracy'; guarantees right to life and personal liberty. • **Expanded Scope** — courts have read into Art.21 the right to dignity, privacy (Puttaswamy 2017), livelihood (Olga Tellis), shelter, health, education, clean environment, and speedy trial. • 💡 Option A (Article 19) is wrong because Art.19 contains six freedoms but is not the foundational bedrock; Option B (Article 14) is wrong because Art.14 guarantees equality before law, not the life right that underpins democracy; Option D (Article 32) is wrong because Art.32 provides constitutional remedies ('heart and soul'), distinct from the 'bedrock' life-liberty guarantee.

Correct Answer: A. Article 16(3)

• **Article 16(3)** = empowers Parliament to prescribe residence as a requirement for certain public employment under a State or Union Territory. • **Exception to 16(2)** — normally Art.16(2) prohibits residence-based discrimination; Art.16(3) is a controlled exception requiring parliamentary legislation (not state law). • 💡 Option B (Article 19) is wrong because Art.19 deals with six freedoms, not employment residence rules; Option C (Article 15) is wrong because Art.15 covers general discrimination, not the specific employment residence power; Option D (Article 14) is wrong because Art.14 guarantees equality but does not grant Parliament this specific residence-requirement power.

Correct Answer: D. Judicial/Quasi-judicial bodies

• **Judicial/Quasi-judicial bodies** = the writ of Certiorari is issued against these bodies to quash their orders. • **Certiorari meaning** — literally 'to be certified'; used to correct errors of jurisdiction or errors of law apparent on the face of the record. • 💡 Option A (Executive bodies) is wrong because Certiorari traditionally targets judicial/quasi-judicial, not purely executive acts; Option B (Private individuals) is wrong because writs generally don't lie against private persons; Option C (Legislature) is wrong because Certiorari cannot be used to quash legislative enactments — only judicial orders.

Correct Answer: D. Atal Bihari Vajpayee

• **Atal Bihari Vajpayee** = Prime Minister whose government inserted Article 21A through the 86th Constitutional Amendment Act, 2002. • **86th Amendment 2002** — made free and compulsory education a Fundamental Right for children aged 6-14; also changed Art.45 (early childhood care below 6) and added Art.51A(k) as a Fundamental Duty. • 💡 Option A (Narendra Modi) is wrong because Art.21A was inserted in 2002, long before Modi became PM in 2014; Option B (Rajiv Gandhi) is wrong because Rajiv Gandhi's term ended in 1989; Option C (Manmohan Singh) is wrong because Singh became PM only in 2004 — after 21A was already inserted.