Test: Human Rights - 2 - CUET Humanities MCQ

Meaning of procedure established by law grew slowly by Supreme Court, specially in the interpretation of Article 21. With the observation of Maneka Gandhi v. Union of India 1978, Kartar Singh v. State of Punjab 1994, Jolly George Varghese v. Bank of Cochin 1980, Francis Coralie v. Delhi 1981, etc. cases, now it is established that for the deprivation of a person's life and personal liberty, Article 21 is required to fulfil all the mentioned conditions.

It was held by the Supreme Court of India that Preamble was not a part of the Constitution in the case of Berubari Union and this has been overruled in the case of Kesavananda Bharati. Berubari case overlooked the motion adopted by the Constituent Assembly which stated that the Preamble stands as a part of the Constitution. The error came to be corrected in Kesavananda Bharati case where the majority of the Judges specifically ruled that the Preamble was as much a part of the Constitution as any other provision therein.
So, option 1 is the correct answer.

Secularism in India means equal treatment of all religions by the State. According to the Indian Constitution, there is no official religion of India, but it treats all religions equally. There should be equal freedom of religion to all persons, and no one shall be criminalised or favoured based on religion. However, the statement given under (R), i.e. 'Secularism means separation of religion from politics', is the western concept. But, instead of separating religion from politics, the Indian Constitution emphasises more on the equality of religions. Therefore, (R) is wrong.

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004.

Article 14 of the Constitution of India provides for equality before the law and equal protection within the territory of India and prohibits discrimination on grounds of religion, race, caste, sex or place of birth, or any of them. Further, Article 13 talks about the laws inconsistent with or in derogation of the Fundamental Rights. Article 16 talks about equality of opportunity in matters of public employment. Article 19 talks about protection of certain rights regarding the freedom of speech, etc.

Article 43A of the Constitution of India deals with participation of workers in the management of industries and falls under Part IV - Directive Principles of State Policy.
The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

The Preamble to the Constitution of India declares that India is a secular country. The term secularism refers to the governmental practice of indifference towards religion. Secular politics attempt to prevent religious philosophies or bodies from influencing governmental policies. The philosophy that the Indian constitution upholds is a kind of secular humanism made relevant through a historical development of the ideology within the context of religious pluralism in India.

The distinction between DPSP and Fundamental Rights is that the Fundamental Rights can be enforced in the Court of Law, i.e. in case if the right is infringed we can approach the courts to enforce it. However, DPSP are not enforceable.

Rights under Article 19 of the Constitution are available to citizens only and it reads as all citizens shall have the right to freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of India, to reside and settle in any part of the territory of India, to practise any profession, or to carry on any occupation, trade or business.
These all right are available to all citizens.

B. R. Ambedkar called 'Article 32' of the Indian Constitution, i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'. It was acknowledged because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless.

The 42^nd Amendment amended the Preamble and changed the description of India from sovereign democratic republic to a sovereign, socialist secular democratic republic. It also changed the words unity of the nation to unity and integrity of the nation.

The Constitution of India guarantees every person's right against self incrimination under Article 20 (3): No person accused of any offence shall be compelled to be a witness against himself.

The Fundamental Rights in its basic nature are rights enforceable by the Courts of Law and any act of State or Law that violates fundamental rights are ultra vires.

It is necessary to maintain and preserve freedom of speech and expression in a democracy, so also it is necessary to place some restrictions on this freedom for the maintenance of social order because no freedom can be absolute or completely unrestricted. Accordingly, under Article 19(2) of the Constitution of India, the State may make a law imposing reasonable restrictions on the exercise of the right to freedom of speech and expression in the interest of the public on the following grounds: Clause (2) of Article 19 of the Indian constitution contains the grounds on which restrictions on the freedom of speech and expression can be imposed. The clause states that, 'Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.'
Thus, public policy is not a ground on which reasonable restrictions on the right to freedom of speech and expression can be imposed.

Directive Principles are not only the means to effectuate fundamental rights, but also a source of laws for a welfare state. Thus, Directive Principles of State Policy are fundamental for the governance of state.