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.

- Statement 1: Correct. Article 21 of the Indian Constitution includes the right to live with human dignity as interpreted by the Supreme Court.

- Statement 2: Correct. Article 21A, introduced by the 86th Amendment Act of 2002, provides the right to free and compulsory education for children aged 6 to 14 years.

- Statement 3: Incorrect. The right to a fair trial is part of the expanded interpretation of Article 21, encompassing the right to life and personal liberty.

Thus, statements 1 and 2 are correct. The correct answer is B: 1 and 2 Only.

Statement-I -Correct :Article 30 of the Indian Constitution guarantees the right of all religious and linguistic minorities to establish and administer educational institutions of their choice. This provision aims to preserve the rights of minorities to promote their culture and heritage through education.

Statement-II -Correct : Minority educational institutions under Article 30 have the right to seek recognition for their qualifications, diplomas, and degrees on par with other institutions. Moreover, if the state provides aid to other educational institutions, minority institutions cannot be denied aid solely on the basis of their minority status. This ensures equality and non-discrimination in access to state assistance while maintaining the institutions' autonomy.

 Furthermore, Statement-II elaborates on the rights provided under Article 30, explaining the scope of aid and recognition in maintaining the educational institutions' quality and parity with others.

Therefore,Correct Answer- 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.

The protection against untouchability as a form of discrimination is specifically addressed under Article 17 of the Indian Constitution, which falls under the Right to Equality (Articles 14–18). Article 17 abolishes untouchability and forbids its practice in any form, making it a punishable offense.
Therefore,Correct Answer- Option D

• Statement 1 -Correct : Retrospective criminal legislation is addressed under Article 20(1) of the Indian Constitution. It prohibits the conviction of a person for an act that was not an offense under the law at the time it was committed. This principle protects individuals from being subjected to ex post facto criminal laws.

• Statement 2 -Incorrect : The immunity against retrospective criminal legislation does not extend to preventive detention provisions. Preventive detention laws deal with detaining a person to prevent potential threats, and they are not bound by the restriction on retrospective application.

• Statement 3-Correct : Double jeopardy is addressed under Article 20(2) of the Indian Constitution, which states that no person shall be prosecuted and punished for the same offense more than once. This is a key safeguard under the principle of "autrefois convict" (already convicted).

Therefore,Correct Answer- Option C