Test: Fundamental Rights - UPSC MCQ

Part III of the Indian Constitution, from Articles 12 to 35, deals with Fundamental Rights. These rights are considered essential for the protection and well-being of citizens.

Article 14 ensures the Right to Equality, which states that all individuals are equal before the law and are entitled to equal protection of the laws within the territory of India.

The Right to Property was initially a Fundamental Right but was removed by the 44th Amendment Act in 1978. It is no longer a Fundamental Right but a legal right.

Article 32 grants the right to move the Supreme Court for the enforcement of Fundamental Rights. It is also known as the 'Right to Constitutional Remedies' and is considered a cornerstone of the Indian Constitution.

Article 20 of the Indian Constitution provides protection against double jeopardy, which means a person cannot be prosecuted or punished twice for the same offence.

The Right to Education (RTE) is a Fundamental Right for children between the ages of 6 to 14 years. It was added through the 86th Constitutional Amendment Act in 2002.

During a national emergency, the Fundamental Right to Life and Personal Liberty (Article 21) can be suspended, but it cannot be suspended permanently.

Article 23 of the Indian Constitution guarantees the Right against Exploitation, which includes the prohibition of forced labor and trafficking of human beings.

The Fundamental Right that is available only to Indian citizens and not to foreigners is:

1. Right to Freedom of Speech and Expression

This right is enshrined in Article 19(1)(a) of the Indian Constitution, and it specifically mentions that it is available only to citizens of India. Other rights listed in Article 19, such as the right to assemble peaceably without arms, the right to form associations or unions, and the right to move freely throughout the territory of India, are also restricted to Indian citizens.

The other options, such as the Right to Equality (Article 14), the Right to Freedom of Religion (Articles 25-28), and the Right to Constitutional Remedies (Article 32), are available to all persons, including foreigners, within the territory of India.

Article 16 of the Indian Constitution allows any language listed in the Eighth Schedule to be used for seeking public employment in any state within India.

Article 21 guarantees the Fundamental Right to Life and Personal Liberty, which can only be denied or curtailed in accordance with the procedure established by law.

Article 22 provides protection against arrest and detention in certain cases and lays down the safeguards to be followed during arrest and detention of an individual.

Article 32 of the Indian Constitution empowers individuals to approach the Supreme Court directly for the enforcement of Fundamental Rights, making it an essential feature of the Constitution.

Article 19(1)(g) provides the Right to Freedom of Occupation, which allows citizens to practice any profession, occupation, trade, or business.

In the landmark judgment of Maneka Gandhi v. Union of India, the Supreme Court held that the Right to Privacy is a fundamental right under Article 21.

The Fundamental Rights in the Indian Constitution are inspired by the Bill of Rights in the United States Constitution.

Article 15 of the Indian Constitution guarantees the Right to Equality, which prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.

The Right to Freedom of Religion (Article 25-28) allows individuals to manage and administer their religious affairs, including the right to establish and maintain religious institutions.

The Right to Education for children between 6 to 14 years was made a Fundamental Right through the 86th Constitutional Amendment Act in 2002 and is enshrined under Article 21A.

In the Unnikrishnan JP v. State of Andhra Pradesh case, the Supreme Court held that the Right to Education is a Fundamental Right under Article 21A, and the state has the responsibility to provide education to all children between the ages of 6 to 14 years.