True/False – GK Questions

Hussainara Khatoon (1979): SC held right to speedy trial is implicit in Article 21 (life and personal liberty). Case involved undertrial prisoners detained for periods longer than maximum sentence for alleged offences. Led to release of thousands of undertrials; established procedural due process as part of Article 21. Foundation for subsequent PILs on prison reforms, legal aid, human rights.

Puttaswamy case (2017): 9-judge bench unanimously held right to privacy is intrinsic to life and liberty under Article 21; also part of freedoms under Article 19 and equality under Article 14. Overruled M.P. Sharma (1954) and Kharak Singh (1962) which held privacy not a fundamental right. Foundation for subsequent judgments on Aadhaar, decriminalization of homosexuality, reproductive rights.

In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a nine-judge bench unanimously held that Right to Privacy is: (1) An intrinsic part of Article 21 (life and personal liberty), (2) Part of freedoms under Part III (e.g., Article 19), (3) A natural right inherent in human dignity. This judgment has profound implications for data protection, surveillance, and personal autonomy.

Article 78(a) requires the Prime Minister to communicate all Council of Ministers' decisions to the President, but does not specify language. Article 346 allows communication between States and with the Union in Hindi or English. In practice, English remains dominant in high-level executive communication due to administrative continuity and linguistic diversity.

In Rudul Sah v. State of Bihar (1983) and subsequent cases, the Supreme Court held that it can award monetary compensation in PIL/writ petitions for violation of Fundamental Rights, especially under Article 32. This 'constitutional tort' remedy provides immediate relief to victims when ordinary civil remedies are inadequate, enhancing access to justice.

In Hussainara Khatoon v. State of Bihar (1979) and Kadra Pahadiya v. State of Bihar (1983), the Supreme Court held that 'speedy trial' is an essential component of 'reasonable, fair, and just procedure' under Article 21. Delayed justice violates personal liberty, especially for undertrial prisoners. This has driven reforms in criminal justice administration.

The Official Languages Act, 1963 (amended in 1967) allows English to continue indefinitely for: (1) Official purposes of the Union, (2) Parliamentary proceedings, (3) Central-State and inter-State communication, (4) Competitive exams. This was a pragmatic solution to linguistic diversity, balancing Hindi promotion with administrative continuity.

Article 338 establishes the National Commission for Scheduled Castes (NCSC) as a constitutional body. The 89th Amendment Act, 2003 bifurcated the earlier combined commission into separate NCSC (Article 338) and National Commission for Scheduled Tribes (NCST, Article 338A). Both have powers of a civil court for investigating safeguards implementation.

In Navtej Singh Johar v. Union of India (2018), a five-judge bench unanimously held that Section 377 IPC (criminalizing 'carnal intercourse against the order of nature') violated: Article 14 (equality), Article 15 (non-discrimination), Article 19 (freedom of expression), and Article 21 (privacy, dignity, autonomy). This landmark judgment affirmed LGBTQ+ rights as Fundamental Rights.

Article 345 empowers State Legislatures to adopt any language(s) in use in the State or Hindi as the official language for state-level administration. For example, Tamil Nadu uses Tamil, Kerala uses Malayalam, while some states like Karnataka use both Kannada and English. However, communication with the Union must be in Hindi or English (Article 346).

Epistolary jurisdiction is a unique feature of Indian PIL where the Supreme Court/High Courts can treat letters, postcards, or newspaper reports as writ petitions if they reveal violations of fundamental rights of disadvantaged groups. This relaxes procedural formalities to enhance access to justice, pioneered in cases like Bandhua Mukti Morcha (1984).

In Hussainara Khatoon v. State of Bihar (1979) and subsequent cases, the Supreme Court held that free legal aid to indigent accused is part of 'reasonable, fair, and just procedure' under Article 21. This was later codified in Article 39A (Directive Principle) and the Legal Services Authorities Act, 1987, establishing free legal aid infrastructure.

The Eighth Schedule originally listed 14 languages in 1950. Through amendments: 71st (1992) added Konkani, Manipuri, Nepali; 92nd (2003) added Bodo, Dogri, Maithili, Santhali; 96th (2011) replaced 'Oriya' with 'Odia'. Total now: 22 scheduled languages. These languages can be used in official communications and for competitive exams.

The NHRC is a statutory body established under the Protection of Human Rights Act, 1993, not a constitutional body. Constitutional bodies are explicitly created by the Constitution (e.g., Election Commission under Article 324). The NHRC investigates human rights violations but its recommendations are not binding, though they carry moral and political weight.

The Kesavananda Bharati v. State of Kerala (1973) judgment established the 'Basic Structure Doctrine'. While Parliament can amend Fundamental Rights under Article 368, it cannot destroy or alter the Constitution's basic structure (e.g., supremacy of Constitution, secularism, federalism, judicial review, free and fair elections). This doctrine has been used to strike down several amendments.

Article 343(1) declares Hindi in Devanagari script as the official language of the Union. English is an 'associate official language' for specific purposes under the Official Languages Act, 1963. The Constitution originally envisaged phasing out English by 1965, but parliamentary legislation extended its use indefinitely for certain official purposes.

The National Commission for Women (NCW) is a statutory body, not constitutional. It was established under the National Commission for Women Act, 1990. Constitutional bodies are those explicitly mentioned in the Constitution (e.g., Election Commission, UPSC, Finance Commission). Article 338A actually establishes the National Commission for Backward Classes (NCBC), which was made constitutional by the 102nd Amendment Act, 2018.

The landmark Maneka Gandhi case (1978) revolutionized Article 21 interpretation. The Supreme Court held that 'personal liberty' under Article 21 includes a wide range of rights making life meaningful, not just physical restraint. It established that any law depriving liberty must be 'fair, just, and reasonable', not merely procedurally valid.

Article 368(2): Constitutional Amendment Bill passed by each House by special majority (majority of total membership + 2/3 present and voting). If affecting federal provisions, ratified by half of State Legislatures. President 'shall give assent' - no discretionary power to withhold assent or return for reconsideration. Ensures that once constitutional amendment procedure completed, it becomes law without executive veto, preserving parliamentary sovereignty in constitutional matters.

Article 371J was proposed via Constitution (118th Amendment) Bill, 2012 for Hyderabad-Karnataka region. However, Bill lapsed; provisions implemented via Presidential Order under existing Article 371(1) (not constitutional amendment). Since Article 371(1) doesn't affect federal structure, State ratification not required. Illustrates flexibility in addressing regional imbalances: constitutional amendment vs executive order based on subject matter.