All questions of Fundamental Rights & Duties for BPSC (Bihar) Exam

• Absence of arbitrary power:
  • As previously noted, the Indian Constitution ensures the absence of arbitrary power through a system of checks and balances and the rule of law.
• Equality before law:
  • Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws, confirming this principle applies to the Indian Constitution.
• Constitution is the result of the rights of the individual as defined and enforced by the courts of law:
  • This statement suggests that the Constitution itself emerged from the judicial enforcement and definition of individual rights. This interpretation is somewhat problematic in the context of the Indian Constitution because the Constitution was drafted and adopted by the Constituent Assembly. It is a foundational document that outlines the rights of individuals, but it is not a result of pre-existing rights defined by courts. Instead, it establishes these rights.
• Constitution is the source of the individual rights:
  • This is correct for the Indian Constitution, as it provides a comprehensive list of fundamental rights and mechanisms for their protection.

1. Absence of arbitrary power
2. Equality before law
3. Constitution is the source of the individual rights

According to Indian constitution there are six fundamental rights of Indian citizens which are right to equality, right to freedom of religion, cultural and educational rights, right to freedom, right to constitutional remedies, and right against exploitation. Right to citizenship is not a fundamental right.

The Right to Education Act and its Implementation

The Right to Education Act, also known as the Right of Children to Free and Compulsory Education Act, was implemented by the Government of India on 1st April, 2010. It is an important legislation that aims to provide free and compulsory education to all children between the ages of 6 to 14 years.

Background

- The implementation of the Right to Education Act was a significant step towards achieving universal education in India.
- The Act was enacted by the Parliament of India in 2009 and received Presidential assent on 26th August, 2009.
- It was modeled after the Article 21A of the Indian Constitution, which was inserted by the 86th Amendment Act in 2002, making education a fundamental right for children.

Key Provisions

- The Act provides for free and compulsory education to all children in the specified age group.
- It mandates that private schools must reserve 25% of their seats for children from economically weaker sections.
- The Act also establishes a system of neighborhood schools, ensuring that children can access education within a reasonable distance from their homes.
- It prohibits the practice of physical punishment or mental harassment of students.
- The Act also emphasizes the importance of quality education and the need for trained and qualified teachers.

Implementation Date

The implementation of the Right to Education Act took place on 1st April, 2010. This means that from this date onwards, all children in the specified age group were entitled to free and compulsory education. The Act was implemented in a phased manner, with different provisions being rolled out gradually over a period of time.

Impact of the Act

The implementation of the Right to Education Act has had a significant impact on the education landscape in India. It has helped in increasing enrollment rates and reducing dropout rates, particularly among marginalized and disadvantaged communities. The Act has also brought attention to the quality of education, leading to efforts to improve infrastructure, teacher training, and learning outcomes.

Overall, the Right to Education Act has played a crucial role in promoting inclusive and equitable education in India. It has helped in realizing the constitutional vision of providing education as a fundamental right to all children.

Abolition of Untouchability as a Fundamental Right

The correct answer is option 'A' - Right to equality. The Indian Constitution guarantees several Fundamental Rights to its citizens, and one of them is the abolition of untouchability. This provision is enshrined under Article 17 of the Constitution.

Explanation:

1. Historical Context
- Untouchability refers to the social practice in India where certain castes and communities were considered inferior and treated as outcasts.
- This practice was deeply entrenched in Indian society for centuries, causing immense discrimination and oppression against those labeled as untouchables.
- The Constitution's framers recognized the urgent need to address this social evil and ensure equality for all citizens.

2. Right to Equality
- The right to equality is one of the fundamental pillars of the Indian Constitution. It ensures equal protection of laws for all individuals, irrespective of their caste, creed, religion, gender, or place of birth.
- Abolition of untouchability falls under the purview of the right to equality as it aims to eliminate discrimination based on caste.

3. Article 17 of the Constitution
- Article 17 explicitly states that "Untouchability is abolished and its practice in any form is forbidden."
- This provision not only declares the abolition of untouchability but also prohibits its practice in any form.
- The inclusion of this article reflects the constitutional commitment to eradicating untouchability and promoting social justice.

4. Implementation and Protection
- The Indian Constitution provides for the enforcement and protection of Fundamental Rights.
- If any individual or community faces discrimination or violation of the right against untouchability, they can seek legal recourse through the courts.
- Article 32 of the Constitution grants the right to constitutional remedies, allowing individuals to approach the Supreme Court directly for the enforcement of their Fundamental Rights.

Conclusion

The abolition of untouchability is an essential part of the right to equality enshrined in the Indian Constitution. It reflects the commitment of the framers to eradicate the social evil of untouchability and create a society based on equality, justice, and dignity for all. The inclusion of this provision is a significant step towards ensuring that every individual, regardless of their caste or community, is treated with respect and equality.

Understanding Article 30 of the Indian Constitution
Article 30 of the Indian Constitution is a crucial provision that protects the rights of minorities in India.
Statement-I: Overview
- Statement-I accurately reflects Article 30, which grants religious and linguistic minorities the right to:
- Establish educational institutions.
- Administer these institutions according to their own preferences.
Statement-II: Clarification
- Statement-II elaborates on the rights of these minority institutions:
- They can seek recognition for their educational levels and diplomas.
- They are eligible for government aid, similar to other recognized institutions, based on their academic standards.
Connection Between the Statements
- Both statements align well with each other:
- Statement-I provides the foundational right to establish and manage educational institutions.
- Statement-II clarifies the operational aspects of these rights, highlighting recognition and funding opportunities.
Conclusion
- Therefore, both statements are correct and Statement-II serves to explain and elaborate on the implications and applications of the rights granted in Statement-I.
Correct Answer
- The correct answer is option 'A': Both Statement-I and Statement-II are correct, and Statement-II explains Statement-I.

Earliest Country to Give Women the Right to Vote

Australia was the earliest country to give women the right to vote.

Background:

Women's suffrage was a long and hard-fought battle, spanning over several decades. Women's rights activists fought tirelessly for the right to vote, own property, and have equal rights as men. The movement gained momentum in the late 19th century, and several countries began granting women the right to vote.

Details:

1. Australia: In 1902, Australia became the first country to give women the right to vote in federal elections. This was a significant victory for the women's suffrage movement, and it paved the way for other countries to follow suit.

2. New Zealand: New Zealand followed closely behind, granting women the right to vote in 1893.

3. Finland: Finland was the first European country to give women the right to vote in 1906.

4. Norway: Norway granted women the right to vote in 1913.

5. United States: The United States granted women the right to vote in 1920. The 19th Amendment to the US Constitution granted women the right to vote after a long and hard-fought battle.

6. United Kingdom: The United Kingdom granted women the right to vote in 1918, but it was limited to women over 30 years of age. It wasn't until 1928 that women were granted the same voting rights as men.

Conclusion:

Australia was the earliest country to give women the right to vote, followed closely by New Zealand. The fight for women's suffrage was a long and hard-fought battle, but it paved the way for women's rights and equality around the world.

The concept of martial law has been borrowed in India from the English common law. However, the expression ‘martial law' has not been defined anywhere in the Constitution. It means “military rule'. It refers to a situation where civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law. It thus implies the suspension of ordinary law and the government by military tribunals. It is different from military law that applies to the armed forces.

Right to Freedom of Speech and Expression
The right to freedom of speech and expression is guaranteed under Article 19 of the Indian Constitution. It is considered a fundamental right and is essential for the functioning of a democratic society. This right allows individuals to express their opinions, thoughts, and ideas without fear of censorship or retaliation from the government.
Importance of Freedom of Speech and Expression
- Freedom of speech and expression is crucial for the exchange of ideas and information in a democratic society.
- It allows individuals to participate in public discourse, criticize the government, and hold those in power accountable.
- This right also plays a vital role in promoting creativity, innovation, and diversity of opinions.
Limitations of Freedom of Speech and Expression
- While the right to freedom of speech and expression is essential, there are certain limitations to this right.
- These limitations include restrictions on hate speech, incitement to violence, defamation, and obscenity.
- The government can impose reasonable restrictions on this right in the interest of public order, morality, and national security.
Role of the Judiciary
- The judiciary plays a crucial role in upholding the right to freedom of speech and expression.
- Courts have consistently upheld this right and struck down laws that infringe upon it.
- The judiciary acts as a watchdog to ensure that the government does not curtail this fundamental right unjustly.
In conclusion, the right to freedom of speech and expression is a cornerstone of democracy and is enshrined in Article 19 of the Indian Constitution. It is essential for the free exchange of ideas, public discourse, and holding those in power accountable.

The correct answer is option 'D', the Fundamental Duties were incorporated in the Indian Constitution in 1976.

The Fundamental Duties were added to the Constitution through the 42nd Amendment Act, 1976. This amendment was introduced by the Indira Gandhi-led government during the period of the Emergency. The amendment aimed to address the need for citizens to not only enjoy their rights but also fulfill their responsibilities towards the nation.

The Fundamental Duties are outlined in Article 51A of the Indian Constitution. They are a set of moral, ethical, and civic obligations that every citizen of India is expected to follow. These duties are not enforceable by law, but they serve as a guiding principle for citizens to contribute to the welfare of the country.

Below are the key points regarding the incorporation of Fundamental Duties in the Indian Constitution:

1. Background: The idea of including Fundamental Duties in the Constitution was first proposed by the Swaran Singh Committee in 1976. The committee recommended that these duties should be included to instill a sense of discipline, responsibility, and commitment among citizens towards the nation.

2. 42nd Amendment Act: The 42nd Amendment Act, also known as the "Mini Constitution," was passed in 1976. Along with several other changes, this amendment introduced the Fundamental Duties in Part IV-A of the Constitution.

3. Content of Fundamental Duties: The Fundamental Duties initially consisted of 10 duties. However, with subsequent amendments, the number has been increased to 11. Some of the key duties include respecting the national flag and the national anthem, promoting harmony and the spirit of common brotherhood, safeguarding public property, protecting the environment, and striving for excellence in all spheres of individual and collective activity.

4. Significance: The inclusion of Fundamental Duties serves as a reminder to citizens that while enjoying their rights, they also have certain obligations towards the nation. It helps in promoting a sense of patriotism, social consciousness, and civic responsibility among individuals.

In conclusion, the Fundamental Duties were incorporated in the Indian Constitution in 1976 through the 42nd Amendment Act. These duties are intended to guide citizens in fulfilling their moral, ethical, and civic obligations towards the nation.

Understanding the Rule of Law by A.V. Dicey
The concept of the 'Rule of Law' is fundamental in constitutional law, as articulated by A.V. Dicey, a British jurist. His interpretation emphasizes certain critical elements that ensure justice and equality in governance.
Absence of Arbitrary Power
- Core Principle: The absence of arbitrary power is a cornerstone of the Rule of Law. This principle asserts that no individual or authority is above the law, ensuring that all actions taken by the government are subject to legal scrutiny.
- Legal Framework: Laws must be clear, publicized, and stable, and they should apply equally to all individuals, including government officials. This prevents the misuse of power and protects citizens from arbitrary decisions.
- Accountability: When authorities operate within a legal framework, it fosters accountability. Citizens can challenge government actions in courts, which acts as a safeguard against tyranny.
Other Options Explained
- Immunity of the President and Governors: While some legal immunities exist, they do not encapsulate the essence of the Rule of Law, which seeks to ensure that all individuals are subject to the law.
- Exception for Members of Parliament: Similar to the previous point, the exceptions provided for parliamentarians do not align with the principle of equal applicability of law.
- Right to Property: Although important, the right to property is a specific legal entitlement rather than a foundational principle of the Rule of Law.
Conclusion
In summary, the absence of arbitrary power is integral to A.V. Dicey's Rule of Law. It ensures that governance is conducted within the bounds of legality, promoting justice and accountability in society.

In the Right to Equality, there are five articles:

1. Article 14: Equality before the law - This article states that all individuals are equal before the law and have equal protection of the law. It prohibits any discrimination on grounds of religion, race, caste, sex, or place of birth.

2. Article 15: Prohibition of discrimination - This article prohibits discrimination against any citizen on grounds of religion, race, caste, sex, or place of birth. It also allows the state to make special provisions for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes.

3. Article 16: Equality of opportunity in public employment - This article ensures equality of opportunity for all citizens in matters of employment or appointment to any office under the State. It prohibits any discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence.

4. Article 17: Abolition of untouchability - This article abolishes the practice of untouchability, which is a social evil based on caste discrimination. It declares untouchability as a punishable offense and prohibits its practice in any form.

5. Article 18: Abolition of titles - This article prohibits the conferment of any titles by the State. It states that no citizen can accept any title from a foreign state without the permission of the President.

These five articles together form the Right to Equality, which is one of the fundamental rights guaranteed by the Constitution of India. These articles ensure that every citizen is treated equally before the law and has equal opportunities in various aspects of life, including employment, education, and social interactions.

By enforcing these articles, the Indian Constitution aims to eliminate discrimination and promote social justice and equality among all its citizens. The Right to Equality is a crucial aspect of a democratic and inclusive society, ensuring that every individual is treated with dignity and respect, irrespective of their background or identity.

The Right to Equality is an essential part of the Indian Constitution and is mentioned in Articles 14-18.

Article 14 - Right to Equality before the Law: This article ensures that all citizens are equal before the law and prohibits discrimination on the basis of religion, caste, gender, race, or place of birth.

Article 15 - Prohibition of Discrimination: This article prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It also empowers the state to make special provisions for women and children.

Article 16 - Equality of Opportunity: This article guarantees equality of opportunity in matters of public employment and prohibits discrimination on the basis of religion, caste, race, sex, or place of birth.

Article 17 - Abolition of Untouchability: This article abolishes the practice of untouchability and makes it a punishable offence.

Article 18 - Abolition of Titles: This article prohibits the state from conferring any titles, except for military and academic distinctions.

These articles ensure that every citizen of India has equal rights and opportunities and prohibits discrimination on the basis of caste, religion, gender, race, or place of birth. The Right to Equality is a fundamental right that is essential for the growth and development of a democratic society.

Explanation:

Statement-I:
- Article 23 of the Indian Constitution indeed prohibits traffic in human beings and forced labor. This means that any form of trafficking of individuals or forcing someone to work against their will is prohibited under this provision.

Statement-II:
- Article 23(1) specifically prohibits traffic in human beings and forms of forced labor. This means that any kind of exploitation through trafficking or forced labor is strictly prohibited.
- Article 23(2), on the other hand, allows for compulsory service for public purposes but without any discrimination based on religion, race, caste, or class. This means that while forced labor is prohibited, there are certain exceptions for compulsory service for public welfare, as long as it is not discriminatory.
Therefore, Statement-I is correct as it accurately reflects the prohibition of traffic in human beings and forced labor under Article 23. However, Statement-II is incorrect as it misinterprets the provisions of Article 23 by suggesting that it allows for compulsory service without mentioning the non-discriminatory clause.

Analysis of the Statements
Understanding the accuracy of the statements regarding the Indian Constitution is essential for grasping fundamental rights.
Statement 1: Article 17
- Article 17 of the Indian Constitution indeed abolishes untouchability.
- It explicitly states that the practice of untouchability is not only abolished but also makes its practice a punishable offense.
Statement 2: Article 16
- Article 16 of the Constitution guarantees equality of opportunity in matters of public employment.
- It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, or any of them.
- Therefore, the statement allowing discrimination based on place of birth is incorrect.
Statement 3: Article 15
- Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Importantly, it allows the State to make special provisions for women and children.
- Thus, this statement is accurate.
Conclusion
Based on the analysis:
- Statement 1 is correct.
- Statement 2 is incorrect.
- Statement 3 is correct.
Therefore, the correct options are 1 and 3 only.
Correct Answer: Option 'B'

A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction. Article 32 does not merely confer power on the Supreme Court as Article 226 does on a high court to issue writs for the enforcement of fundamental rights or other rights as part of its general jurisdiction.

The provision of the Fundamental Rights that is directly related to the exploitation of children is Article 24. This article prohibits the employment of children below the age of 14 years in any hazardous occupations or processes.

Explanation:
- Article 24 of the Indian Constitution states that "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment."
- This provision recognizes the vulnerability of children and aims to protect them from exploitation and physical harm.
- The exploitation of children in hazardous occupations can have severe consequences on their health, well-being, and overall development.
- By explicitly stating that children below the age of 14 should not be employed in hazardous industries, Article 24 seeks to safeguard their rights and ensure their safety.
- This provision aligns with the principles of child rights and international conventions such as the United Nations Convention on the Rights of the Child, which India is a signatory to.
- The intent behind Article 24 is to protect children from engaging in work that could potentially harm their physical and mental development.
- It recognizes the importance of education and the need for children to have a safe and nurturing environment for their growth.
- The enforcement of Article 24 is crucial in preventing child labor and ensuring that children are not subjected to exploitative working conditions.
- Additionally, the Constitution provides for the Right to Education under Article 21A, which further reinforces the importance of providing children with access to education and preventing their exploitation through child labor.

In conclusion, Article 24 of the Indian Constitution directly addresses the issue of child exploitation by prohibiting the employment of children below the age of 14 in hazardous occupations. This provision aims to safeguard the rights and well-being of children and ensure their protection from exploitative working conditions.