Syllabus- Fundamental Rights: Nature and Scope; Expanding the horizons of Fundamental Rights; Enforceability against State and others;
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
Q. Examine the scope of the Fundamental Rights (Right to religion) in the light of the latest judgement of Karnataka High Court on wearing a hijab?
Answer Framework: –
Introduction: –
Describe briefly about the issue (Recent High Court judgement on petitions filed by Muslims girls seeking the right to wear hijab or head scarves along with uniforms inside classrooms).
Body: –
Explain about the articles and amendments in the Constitution related to the issue and judgements associated to that issue.
Conclusion: –
- Needed the balance between religious morality and Constitutional morality.
- Made a reasonable distance maintained by the state in the religious affair adhering to secular ideology of the state
Content: –
- Art 25 guarantees the religious freedom of the individual. Like all other rights, the state can restrict the Fundamental Rights on the grounds of public order, decency, morality, health and other state interests.
- The prescription of school uniform does not violate the petitioner’s Fundamental Rights guaranteed under A19(freedom of expression) and A21(right to privacy).
- In Fathima Tasneem v State of Kerala (2018), Kerala HC held that collective rights of an institution would be given primacy over the individual rights of the petitioner.
- But in Shirur Mutt case 1954 the doctrine of “essentiality”, was invented by the Supreme Court. The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.
- A more reasonable approach will be to apply the test of constitutional morality and legality of the issue.
- Applying the principles of equality, dignity and civil rights to a particular practice may be better to decide the constitutionality of a practice.
- Court should pay attention to the Constitutionality.
- In the hijab case, the courts should protect an essential religious practice.
- Each institution has a set of rules and regulations, norms and values. In a school or college, religious identity should not be the defining identity.
Q. Examine the scope of expanding Fundamental Rights (under A21) of the Constitution?
Answer Framework: –
Introduction: –
Write about the Fundamental Right under Art 21 and its importance (promotes political democracy and individual liberty).
Body: –
Briefly highlight the various judgements of the Supreme Court, that has been expanding its scope through wider interpretation of Fundamental Rights in particular Art 21.
Ex: Puttaswamy Case – Right to Privacy
However, there are reasonable restrictions on Fundamental Right.
Conclusion: –
Hence the Fundamental Rights have been ever expanding with changing notions of social order.
Content:
Art 21- Implied rights include-
- Right to Privacy
- Right to Dignity
- Right to Speedy Trial
- Right to Travel Abroad
- Right to Clean Environment: Ban on polluting vehicles
- Right to Livelihood
- Right to marriage
- Right against torture
- Right against Bonded labor
10. Right to Legal Aid
11. Right to Food
Supreme Court Cases-
A.K. Gopalan v. State of Madras was the 1st landmark case in the process of evolution of article 21. Supreme Court in this case took a narrow interpretation of ‘procedure established by law’. In this case it was held that under article 21 protection is available only against the arbitrary actions of executive i.e. against the procedure that has been established by a law.
Menaka Gandi vs UoI Case, 1978- Due process of law is part of Art 21
Olga Tellis and others v. Bombay Municipal Corporation and others Case, 1985- Righ to livelihood is part of Art 21.
Puttaswami Case, 2017- Right to Privacy is part of Art 21
Prelims Questions of the Day –
1.What do you mean by “Writ Jurisdiction”?
A. A legal order given by a court of law.
B. Parliament’s power to amend the Constitution.
C. A Fundamental Right of an Individual
D. An order of High court
Answer: -A
Explanation: –
Writ Jurisdiction: A writ is a legal order given by a court of law.
The Supreme Court (Article 32) and the High courts (Article 226) can issue the writs of Habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
2. Which of the following Fundamental Rights available only to the Citizens of India?
A. Article 23
B. Article 24
C. Article 29
D. Article 25
Answer: -C
Explanation: –
Fundamental Rights Available Only to Citizens of India
- Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16 – Equality of opportunity in matters of public employment.
- Article 19 – Protection of six rights related to freedom – (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business.
- Article 29 – Protection of language, script and culture of minorities.
- Article 30 – Right of minorities to establish and administer educational institutions.
3. Under which of the following Article, punitive (punishment after trial and conviction) detention comes?
- Article 21
- Article 22
- Article 29
- Article 30
Answer: -B
Explanation: –
Protection Against Arrest and Detention: Article 22 grants protection to the persons who are arrested or detained.
Detention is of two types, namely, punitive (punishment after trial and conviction) and preventive (punishment without trial and conviction).
4.Judicial Review intrinsically is available under which of the following Article?
A. Article 13
B. Article 12
C. Article 32
D. Article 31
Answer: – A
Explanation: –
Article 13, all laws that are violate of fundamental rights shall be void. Here, there is an express provision for Judicial Review. The SC and the High Courts can declare any law unconstitutional on the grounds that it is violate of the fundamental rights. Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications, etc.
5.Right to vote and to be elected in India is a?
A. Fundamental Right
B. Natural Right
C. Constitutional Right
D. Legal Right
Answer: C
Explanation: –
The right to life in Article 21 of Indian constitution does not mean animal existence or the mere act of breathing. It guarantees the right to a dignified life. Some of the rights that are currently included in the ambit of Article 21 includes (mentioned in Menaka Case):
- Right to live with human dignity.
- Right to the decent environment including pollution-free water and air and protection
- Right to shelter.
- Right to vote.
- Right to free education up to 14 years of age.
- Right to free legal aid.
6.The guarantor of the fundamental rights of the Indian citizens is the
A. President of India
B. Parliament
C. Supreme Court of India
D. National Human Rights Commission
Answer: C
Explanation:
- The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution.
- Under Article 32 of the constitution, a citizen can approach the Supreme Court in case of infringement of fundamental rights.
- The SC can enforce the fundamental right by issuing orders to the concerned authority.
- NHRC only investigates cases of human rights violations; it is not the guarantor of fundamental rights.
7. If a person’s “Right to Vote” is infringed, what remedy does she he have?
A. Move the Supreme Court citing violation of fundamental rights
B. File a non-judicial petition with the Election Commission of India
C. File a case against the Chief Electoral Officer of the State
D. Move the High court for infringement of a constitutional right
Answer: D
Explanation:
- Right to Vote is a constitutional right, not a fundamental right. So, SC cannot be approached for issuing a writ petition.
- High court enforces legal rights, and should be approached in case of its
infringement.
- ECI only conducts elections and maintains the database of voters. It does not have the authority to enforce the Right to Vote. Same is true for the Chief Electoral Officer.
8.Equal Protection of Laws is granted under Article 14 of the Constitution implies which of the following?
A. No person is above the law.
B. Equal treatment of equals under the law.
C. Absence of arbitrary power with the state.
D. The society operates on laws.
Answer: B
Explanation:
- Article 14 has two parts: equality before law and equal protection of laws.
- The first concept basically means law is for everyone whoever it might be.
- The second concept means law will apply equally to equally situated people. For e.g. if an adult receives a punishment of 3 years imprisonment, another adult for the same crime and same circumstances should also get 3 years of imprisonment.
9.Which of the following is NOT an instance of an exercise of a fundamental right enshrined in the Constitution?
A. Christian missions setting up a chain of missionary schools
B. Men and women under MGNREGA work get the same salary
C. Labour goes from U.P. to Chhattisgarh to work in mines everyday
D. Ancestor’s property is inherited by a Below Poverty Line (BPL)woman.
Answer: D
Explanation:
- Option (A) comes under the right to freedom of religion.
- Option (B) is prohibition of discrimination provision under the right to equality.
- Option (C) is right to freedom of movement. Since there is no fundamental right to inheritance, option (D) is the answer.
10. Which of the following is responsible for availing the facilities for instruction in mother-tongue at primary stage?
A. Fundamental Right of a Child
B. Duty of the State
C. Legal right of a Child
D. Constitutional right of a Child
Answer: B
Explanation:
- Article 350A: It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.
- It is a directive principle outside of part IV of the constitution. It is a duty of the state, and not a right of the citizen.