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Answer: 32
Article 32 gives citizens the right to move the Supreme Court for enforcement of Fundamental Rights. Dr. Ambedkar called it the 'heart and soul' because without remedies, rights are meaningless. The Supreme Court can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Answer: True
Article 30(1) grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. Article 30(2) prohibits the State from discriminating against such institutions in granting aid. However, these institutions must maintain educational standards and can be regulated for academic excellence (T.M.A. Pai Foundation case, 2002).
Answer: Article 29
Article 29(1) protects the right of any section of citizens (not just minorities) residing in India having a distinct language, script, or culture to conserve the same. Article 29(2) prohibits denial of admission to State-funded educational institutions on grounds of religion, race, caste, language, or any of them.
Answer: State
Article 28 has three clauses: (1) No religious instruction in State-funded educational institutions, (2) Institutions established under endowment/trust may impart religious instruction, (3) No person attending State-recognized or State-aided institutions shall be required to attend religious instruction without consent (if minor, guardian's consent).
Answer: True
Article 27 states: 'No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.' However, fees for religious services or voluntary contributions are not prohibited.
Answer: Article 26
Article 26 grants religious denominations (or sections thereof) four rights: (a) establish and maintain institutions for religious/charitable purposes, (b) manage their own affairs in matters of religion, (c) own and acquire movable/immovable property, (d) administer such property according to law. Subject to public order, morality, and health.
Answer: health
Article 25(1) guarantees religious freedom to all persons (citizens and foreigners) subject to public order, morality, and health. Article 25(2) allows the State to regulate secular activities associated with religious practice and provide for social welfare and reform (e.g., opening Hindu temples to all classes).
Answer: True
Article 24 prohibits employment of children below 14 years in factories, mines, or any other hazardous employment. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (amended 2016) strengthens this provision. It is an absolute prohibition with no exceptions for hazardous work.
Answer: Article 23
Article 23 prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. Any contravention is punishable by law. However, the State can impose compulsory service for public purposes (e.g., military service, disaster relief) without discrimination.
Answer: preventive
Article 22 provides two sets of safeguards: (1) For persons arrested under ordinary law (right to be informed, consult lawyer, produced before magistrate within 24 hours), and (2) For preventive detention cases, which have separate safeguards. Preventive detention is detention without trial to prevent future offences.
Answer: True
Article 21A was inserted by the 86th Constitutional Amendment Act, 2002, making education a Fundamental Right for children aged 6-14 years. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 operationalizes this right. It is enforceable against the State.
Answer: K.S. Puttaswamy case (2017)
In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a 9-judge bench unanimously held that right to privacy is a fundamental right under Article 21. While Maneka Gandhi (1978) expanded Article 21 to include due process, Puttaswamy specifically recognized privacy as intrinsic to life and liberty.
Answer: witness
Article 20(3) guarantees the right against self-incrimination: 'No person accused of any offence shall be compelled to be a witness against himself.' This is based on the principle 'nemo tenetur seipsum accusare'. It applies only to criminal proceedings and not to civil cases or departmental inquiries.
Answer: True
Six freedoms under Article 19(1) - speech, assembly, association, movement, residence, profession - are available only to citizens, not foreigners. However, reasonable restrictions can be imposed in the interest of public order and sovereignty & integrity of India under Article 19(3).
Answer: Economic policy of the government
Article 19(2) permits reasonable restrictions on freedom of speech on eight grounds: sovereignty & integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence. Criticism of economic policy is generally protected speech.
Answer: academic
Article 18 abolishes titles but makes two exceptions: (1) Military and academic distinctions may be conferred by the State, and (2) Citizens of India cannot accept titles from foreign states without Presidential consent. Awards like Bharat Ratna, Padma awards are not titles as per Supreme Court (Balaji Raghavan case, 1996).
Answer: True
Article 17 abolishes untouchability and forbids its practice in any form. The Protection of Civil Rights Act, 1955 (originally Untouchability Offences Act, 1955) prescribes punishments for enforcing disabilities arising from untouchability. It is an absolute right with no exceptions.
Answer: Article 16
Article 16 guarantees equality of opportunity in matters of public employment. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence. Exceptions include residence-based reservations for certain states (Article 16(3)) and reservations for backward classes (Article 16(4)).
Answer: place of birth
Article 15(1) prohibits discrimination on five grounds: religion, race, caste, sex, and place of birth. However, Article 15(3) allows the State to make special provisions for women and children, and Article 15(4) & (5) for socially and educationally backward classes, SCs, and STs.
Answer: True
Article 14 ensures two principles: (1) Equality before law - no one is above law, and (2) Equal protection of laws - like should be treated alike. It applies to all persons, citizens and foreigners alike, within Indian territory.