Test: Human Rights - 1 - CUET Humanities MCQ

Articles 20 and 21 cannot be suspended during national emergency. Article 20 gives protection in respect of conviction for offences and Article 21 states that no person shall be deprived of his life or personal liberty, except according to procedure stated by law.
The right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency period.

The Directive Principles of State Policy are guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. Thus, both the statements are true.

The right to property is not a Fundamental Right but it is a constitutional right. In the original Constitution, the right to property was listed as a fundamental right. By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right and instead, a new provision was added to the Constitution i.e. Article 300-A making it a constitutional right. According to Article 300A, 'No person shall be deprived of his property save by authority of law.'

Article 39A of the Constitution of India deals with equal justice and free legal aid.
Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.
Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all.

Option (1) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (2) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (3) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (4) is correct: The starting words of the Preamble are: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India..."
So, the solemn resolution in the Preamble to our Constitution is made in the name of People of India.

India has given the "Right to Freedom of Religion" but the said right of conversion is only to be exercised under free will and not under influence of money. In Stanislaus vs Madhya Pradesh, 1977 SCR (2) 611, the Supreme Court of India considered the issue whether the fundamental right to practise and propagate religion includes the right to convert, held that the right to propagate does not include the right to convert and therefore, upheld the constitutional validity of the laws enacted by Madhya Pradesh and Orissa legislatures prohibiting conversion by force, fraud or allurement.

Part IV of the Constitution deals with the Directive Principles of State Policy. The purpose of Directive Principles of State Policy is to lay down positive instructions which would guide State Policy at all levels. The Directive Principles are covered from Article 36 to Article 51 in the Constitution. The provisions contained in this Directive Principles cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Fundamental duties are non-enforceable, like DPSP, but the Indian Constitution commands the citizens of India to follow the fundamental duties, as held in the case of K. R. K. Vara Prasad vs. Union of India, AIR, 1980, A.P.
Fundamental duties are statutory duties, and shall be enforced by enacting appropriate law for the purpose.

Practising untouchability is a violation of a constitutional right under Article 17 of the Constitution. According to Article 17 of the Constitution, Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.

The term Justice in the Preamble embraces three distinct forms: social, economic and political, secured through various provisions of the Fundamental and Directive Principles.
Social justice in the Preamble means that the Constitution wants to create a more equitable society based on equal social status. Economic justice means equitable distribution of wealth among the individual members of the society, so that wealth is not concentrated in a few hands. Political justice means that all citizens have equal rights in political participation. Indian Constitution provides for universal adult suffrage and equal value for each vote.