Laxmikanth Test : Fundamental Rights- 2 - UPSC MCQ

Statement-I accurately reflects the content of Article 25 of the Indian Constitution, which indeed guarantees individuals the right to freely profess, practice, and propagate religion. This provision ensures the freedom of conscience and the ability to openly follow and share one's religious beliefs.
However, Statement-II inaccurately represents the content of the Constitution. Article 26 deals with the freedom to manage religious affairs, such as establishing and maintaining religious institutions, managing religious matters, and administering associated properties. It does not pertain to taxation issues related to the promotion of religions.
Hence, option (c) is the correct answer, as Statement-I is correct while Statement-II does not align with the provisions of Article 26.

• Statement 1 is correct. Article 21 of the Indian Constitution guarantees two rights: the right to life and the right to personal liberty.
• Statement 2 is incorrect. Article 21 is available to every person, including both Indian citizens and foreigners.
• Statement 3 is correct. The Supreme Court of India has described Article 21 as the 'heart of fundamental rights.'

Therefore, the correct answer is Option C: 1 and 3 Only.

1. Article 21A - Right to Privacy: Incorrect. Article 21A is about the Right to Education, not the Right to Privacy.

2. Article 22 - Protection against Arrest and Detention: Correct. Article 22 deals with protection against arrest and detention in certain cases.

3. Article 23 - Prohibition of Child Labour: Incorrect. Article 23 is about the prohibition of trafficking in human beings and forced labour, not specifically child labour.

4. Article 24 - Prohibition of Employment of Children in Factories: Correct. Article 24 prohibits the employment of children below the age of fourteen years in factories or mines.

Statement-I correctly summarizes Article 27 of the Indian Constitution, which indeed specifies that no individual should be compelled to pay taxes for the promotion or maintenance of any particular religion or religious denomination. This provision ensures the secular nature of the state.
However, Statement-II is incorrect. Article 28 of the Indian Constitution actually deals with the attendance of religious instruction in educational institutions. It states that no religious instruction shall be provided in State-run educational institutions, and individuals attending such institutions should not be compelled to partake in religious instruction or worship without their consent. Therefore, Statement-II inaccurately represents the content of Article 28.
This makes option (c) the correct answer, as Statement-I is accurate while Statement-II is not in alignment with the constitutional provision.

Let's analyze each statement:

1. Under Article 21, the right to life includes the right to live with human dignity.

   • This statement is correct. The Supreme Court of India has interpreted Article 21 of the Indian Constitution to include the right to live with human dignity as part of the right to life and personal liberty.

2. The right to free education up to 14 years of age is covered under Article 21.

   • This statement is incorrect. The right to free and compulsory education for children aged 6 to 14 years is covered under Article 21A, which was added by the 86th Amendment Act of 2002. It is not directly covered under Article 21, though it is related.

3. The right to fair trial is not included under the expanded interpretation of the right to life.

   • This statement is incorrect. The right to a fair trial is indeed included under the expanded interpretation of the right to life and personal liberty as guaranteed by Article 21. The Supreme Court has held that a fair trial is a fundamental aspect of the right to life and personal liberty.

Therefore, the correct answer is:

2. 1 Only

Correct Answer - Option -A- Article 30 of the Indian Constitution ensures that religious and linguistic minorities have the right to establish and administer educational institutions of their choice. This is to preserve and promote their distinct culture.

- Such institutions can seek recognition and aid similar to other educational institutions if they meet the standards of excellence.

- Both statements are correct, and Statement-II elaborates on Statement-I by explaining the rights associated with Article 30 institutions in terms of recognition and aid.

Hence, the correct answer is Option A.

• The 86th amendment to the constitution of India in 2002 provided
  • Right to Education as a Fundamental right in part -III of the constitution.
  • This amendment inserted Article -21A which made the right to education a fundamental right for children between ages 6-14 years. 

• By the 42nd Amendment to the Constitution, enacted in 1976, basic duties to people were also enumerated for Indian residents.
• In the Constitution, Article 51 'A' found in Part IV A deals with basic duties.
• Fundamental Duties are derived from Russia's Constitution.
• Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties are parts of the Indian Constitution that lay down the fundamental obligations of States with regard to their people and the obligations and rights of citizens with regard to the State.
• Such portions form a constitutional bill of rights for the making of government policies and citizens' behavior and actions.
• These parts are considered essential elements of the constitution established by the Constituent Assembly of India between 1947 and 1949.

• Right to equality mentioned under Article 14-18 of the Indian Constitution.
• Article 15 relates to the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 16 guarantees equality of opportunity in matters of public employment.
• Article 17 abolishes untouchability. Hence Option 4 is Correct.
• Article 18 abolishes the title.

• Statement 1 is correct. Retrospective criminal legislation, also known as ex-post facto criminal legislation, states that a person cannot be convicted for an act that was committed at a time when the act had not been declared by law as an offense.
• Statement 2 is incorrect. The immunity against retrospective criminal legislation does not extend to provisions of preventive detention.
• Statement 3 is correct. Double jeopardy means that a person cannot be convicted for the same offense more than once.

Therefore, the correct answer is Option C: 1 and 3 Only.