Laxmikanth Test : Fundamental Rights- 3 - DSSSB TGT/PGT/PRT MCQ

The correct answer is U.S. Constitution.

• JS Khehar headed the nine-judge constitutional bench that declared the right to privacy as a fundamental right.
• Protected under the constitution of India on 24 August 2017, the Supreme Court of India made a historic judgment and declared the right to privacy as a fundamental right.
• Jagdish Singh Khehar was the former and 44th Chief Justice of India. He was appointed as the CJI in the year 2017.

• Fundamental Rights (FRs) are known as the base of the Indian constitution & mentioned in Part III of the constitution.
• They prohibit unreasonable interference of the state & prevents its executive & legislature to become authoritarian, hence put due limitations of state power.
• Observance of fundamental duties is required for having one’s FRs redressed in case of their violation.

Article 17- Abolition of Untouchability:

• Untouchability is abolished and its practice in any form is forbidden.
• In fact, the enforcement of any disability arising out of untouchability shall be an offense punishable in accordance with the law.
• Abolition of untouchability has been included among the fundamental rights under article17.
• In fact, this is one of the few fundamental rights which is available against individuals.
• To make an untouchability law further strong, parliament passed an Untouchability (offenses) Act in 1955.
• However, this act was further amended and also renamed in the year of 1976 as Protection of the Civil Rights Act, 1955.

The correct answer is Unnikrishnan v/s Andhra Pradesh.

• The right to education became a fundamental right by the 86th amendment of 2002.
• The scope of Article 21 of the constitution was expanded to include the Right of Education, because of the decision of the Supreme Court in the case of Unnikrishnan v/s Andhra Pradesh.
  • The Supreme court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh was in 1993.
  • This case expressed disagreement with the finding in the earlier case of Mohini Jain v State of Karnataka 1992.
• The 86th constitutional amendment inserted Article 21 A into the Indian constitution.
• Article 21 A says that the state shall provide free and compulsory education to all children in the age-group of 6-14. 
•  The Right to education act came into force on 1st April 2010.
• The case of Govind v. State of Madhya Pradesh is the landmark case associated with the right to privacy.
• The case of  Parmanand Katara v/s Union of India is associated with the obligation on the State to preserve life.
• The case of Chameli Singh v/s State of Uttar Pradesh is associated with the right to shelter as a component of the right to life under Article 21 and freedom of movement under Article 19(1)(e).

The Correct answer is Article 18.

• Article 18-abolition of titles. ​​

The Correct Answer is Article 21 and the freedoms guaranteed in Part III.

• Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty under Article Article 21 and the freedoms guaranteed in Part III of the Indian Constitution.
• Right to Privacy has been declared as a Fundamental Right by the Supreme Court in the case of Justice K.S. Puttaswamy (Retd) vs Union of India.
• The Judgement overruled the verdicts given in M.P. Sharma case in 1958 and the Kharak Singh case in 1961, both of which said that the right to privacy is not protected under the Indian constitution.

Fundamental Rights:

• The Fundamental Rights are described in Articles 12-35, Part III of the Indian Constitution.
• The Right to Property (Article 31) was deleted from the list of Fundamental Act, 1978.
• By the 44th Amendment Act, 1978, it is made a normal constitutional right under Act 300A in Part XII of the Constitution.

Article 19:

• It guarantees six rights to all citizens:
  • Right to freedom of speech and expression (ii) Right to assemble peacefully and without arms.
  • Right to form associations or unions or co-operative societies.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Right to practice any profession or to carry on any occupation, trade, or business.
• The right to the Internet was made a fundamental right under Article 19(1)(a) of the Constitution.
• It was made a fundamental right in the year 2020.
   

• Article 14: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex, or place of birth. Hence 1 is  incorrectly matched
• Article 15: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them. Hence 2 is  incorrectly matched
• Article 16: There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Hence 3 is  correctly matched
• Article 17: Abolition of untouchability. Hence 4 is  incorrectly matched
• Article 18:  Abolition of all titles except military and academic titles.

• There are six fundamental rights enshrined in Part III (Articles 12 to 35) of the constitution of India.
• Fundamental rights apply universally to all citizens, irrespective of race, birthplace, religion, caste or gender.
• Article 21A of the Constitution of India provides the Right to Education.
• The RTE Act of the Parliament of India was enacted on 4 August 2009 and came into force on 1 April 2010.
• The Constitution (86th Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right.