Fundamental Rights — Set 9

Correct Answer: B. Article 20(1)

• **Article 20(1)** = provides protection against ex-post facto (retrospective) criminal laws. • **Ex-post facto rule** — no person can be convicted of any offence except for violation of a law in force at the time of the act; no penalty greater than that prescribed at the time can be imposed. • 💡 Option A (Article 22) is wrong because Art.22 deals with protection against arbitrary arrest and preventive detention; Option C (Article 21) is wrong because Art.21 is about life and personal liberty, not retrospective criminal laws; Option D (Article 20(2)) is wrong because 20(2) protects against double jeopardy, not ex-post facto laws.

Correct Answer: C. Sedition

• **Sedition** = NOT a ground for restricting free speech under Article 19(2); it is a penal offence under Section 124A IPC. • **Art.19(2) grounds** — sovereignty and integrity of India, security of State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence. • 💡 Option A (Public Order) is wrong because public order IS explicitly listed in Art.19(2); Option B (Decency) is wrong because 'decency or morality' is one of the eight grounds in 19(2); Option D (Contempt of Court) is wrong because contempt of court is also explicitly listed as a valid restriction under 19(2).

Correct Answer: C. Article 17

• **Article 17** = the Protection of Civil Rights Act, 1955 was enacted by Parliament to enforce Article 17 which abolishes untouchability. • **Renamed in 1976** — originally called 'Untouchability (Offences) Act, 1955'; amended and renamed as 'Protection of Civil Rights Act' in 1976; prescribes punishment for practicing untouchability. • 💡 Option A (Article 18) is wrong because Art.18 abolishes titles (like Rai Bahadur) — not untouchability; Option B (Article 23) is wrong because Art.23 prohibits trafficking and forced labour; Option D (Article 16) is wrong because Art.16 deals with equality in public employment, not untouchability.

Correct Answer: B. Article 19(1)(b)

• **Article 19(1)(b)** = guarantees the right to assemble peacefully and without arms. • **Reasonable restrictions** — under Art.19(3) on grounds of sovereignty and integrity of India, and public order; unlawful assemblies or those with arms are not protected. • 💡 Option A (Article 19(1)(a)) is wrong because 19(1)(a) is freedom of speech and expression, not assembly; Option C (Article 19(1)(d)) is wrong because 19(1)(d) covers freedom of movement throughout India; Option D (Article 19(1)(c)) is wrong because 19(1)(c) deals with forming associations or unions, not peaceful assembly.

Correct Answer: B. Right to Property

• **Right to Property** = the Fundamental Right removed from Part III by the 44th Constitutional Amendment Act, 1978. • **44th Amendment 1978** — repealed Article 19(1)(f) and Article 31; inserted new Article 300A in Part XII making property only a constitutional/legal right, not a Fundamental Right. • 💡 Option A (Right to Freedom) is wrong because the Right to Freedom (Art.19) remains a Fundamental Right; Option C (Right to Equality) is wrong because Right to Equality (Arts.14-18) was not removed; Option D (Right to Education) is wrong because RTE was ADDED (as Art.21A) by 86th Amendment, not removed.

Correct Answer: D. Article 30(1A)

• **Article 30(1A)** = permits the State to acquire property of a minority educational institution but ensures the compensation does not abrogate the minority's right. • **44th Amendment 1978** — inserted Art.30(1A); requires state to pay adequate/market compensation so minority's right under Art.30(1) to establish and administer institutions is preserved. • 💡 Option A (Article 31) is wrong because Art.31 (right to property) was repealed by the 44th Amendment; Option B (Article 29) is wrong because Art.29 protects cultural and educational rights of minorities generally, not property acquisition; Option C (Article 28) is wrong because Art.28 deals with religious instruction in educational institutions.

Correct Answer: B. Article 18

• **Article 18** = abolishes titles and prohibits the State from conferring any title except military or academic distinctions. • **Four provisions** — (1) no State titles; (2) citizens cannot accept foreign titles; (3) foreigners holding State offices can accept only with President's consent; (4) no State office-holder can accept presents/emoluments from foreign states. • 💡 Option A (Article 19) is wrong because Art.19 guarantees six freedoms; Option C (Article 16) is wrong because Art.16 covers equality in public employment; Option D (Article 17) is wrong because Art.17 abolishes untouchability, not titles.

Correct Answer: C. Political Parties

• **Political Parties** = the right to form associations under Article 19(1)(c) includes the right to form political parties, unions, and societies. • **Art.19(1)(c) scope** — covers unions, societies, clubs, partnerships, cooperatives, and political parties; 97th Amendment 2011 added specifically 'cooperative societies'. • 💡 Option A (Armies) is wrong because forming private armies is prohibited and threatens State security; Option B (Illegal Groups) is wrong because the right excludes unlawful associations; Option D (Terror Outfits) is wrong because terror groups are banned under UAPA and not protected by any fundamental right.

Correct Answer: C. Article 22(1)

• **Article 22(1)** = safeguards an arrested person's right to consult and be defended by a legal practitioner of his own choice. • **Four safeguards under 22(1)-(2)** — right to know grounds of arrest, right to legal counsel, right to be produced before magistrate within 24 hours, no detention beyond 24 hours without magistrate's authority. • 💡 Option A (Article 23) is wrong because Art.23 prohibits trafficking and forced labour; Option B (Article 20) is wrong because Art.20 covers protection against ex-post facto laws, double jeopardy, and self-incrimination; Option D (Article 21) is wrong because Art.21 covers life and personal liberty in general, while 22(1) specifically secures counsel rights after arrest.

Correct Answer: B. Article 21

• **Article 21** = right to life and personal liberty, effectively suspended during the 1975-77 Emergency under Indira Gandhi. • **ADM Jabalpur case 1976** — also called Habeas Corpus case; SC held (4:1) that Art.21 could be suspended during emergency, denying judicial review of unlawful detentions; Justice H.R. Khanna famously dissented. • 💡 Option A (Article 14) is wrong because Art.14 was restricted but the key controversy was around Art.21; Option C (Article 25) is wrong because religious freedom was not centrally suspended; Option D (Article 19) is wrong because Art.19 is suspended automatically under Art.358 during National Emergency but the historic controversy specifically involved Art.21.