Test: Rights in The Indian Constitution- 2 - UPSC MCQ

A bill of rights prohibits the government from acting against the rights of the individuals and ensures a remedy in case there is a violation of these rights. From whom does a constitution protect the individual’s rights? Another person or private organisation may threaten the rights of a person. In such a situation, the individual would need the government’s protection. So, the government must be bound to protect the individual’s rights.

The Motilal Nehru committee had demanded a bill of rights in 1928.

The judiciary has the powers and responsibility to protect fundamental rights from violations by the government’s actions.

Executive and legislative actions can be declared illegal by the judiciary if these violate fundamental rights or restrict them in an unreasonable manner.

Preamble mentions two things about equality: equality of status and equality of opportunity. Equality of opportunity means that all sections of society enjoy equal opportunities.

The Judge, who is not part of the police, will decide whether the arrest is justified or not.

The government may impose restrictions in certain areas declaring the assembly of five or more persons as unlawful.

The right to freedom is considered a hallmark of democracy.

Dr. Ambedkar considered the right to constitutional remedies as the heart and soul of the constitution.

Mandamus: this writ is issued when the court finds that a particular officeholder is not doing legal duty and thereby is infringing on the right of an individual.

Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.

The government established in 1993 an institution, the national human rights commission.

Ten duties were enumerated in the 42nd amendment.

Since 1950, the government made many laws that limited this right to property.

In 1978, the 44th amendment to the constitution removed the right to property from the list of fundamental rights and converted it into a simple legal right under article 300 a.