Fundamental Rights | MCQs on Fundamental Rights | Indian polity | Questions on Indian Polity

Summary

This video provides an in-depth exploration of various key aspects of the Indian Constitution, focusing on fundamental rights, constitutional amendments, and the role of the state. Topics include the power of Parliament to amend fundamental rights, the right to education introduced by the 86th Amendment, the removal of the right to property as a fundamental right, and the secular nature of the Indian state. The video also highlights specific legal provisions, including the state’s definition, rights exclusive to Indian citizens, and key writs like habeas corpus, mandamus, and co-warranto. The session is a valuable resource for those studying Indian constitutional law.

Takeaways

• 😀 **Kesavananda Bharati Case (1973)**: The Parliament can amend any part of the Constitution, including fundamental rights, as long as the basic structure is not altered.
• 😀 **Number of Fundamental Rights**: There are currently six fundamental rights, down from seven in the original Constitution. The right to property was removed by the **44th Amendment (1978)**.
• 😀 **Right to Equal Opportunity in Employment**: **Article 16** ensures equality of opportunity in government jobs.
• 😀 **Right to Education**: **Article 21A**, added by the **86th Amendment (2002)**, makes education a fundamental right for children aged 6 to 14 years.
• 😀 **Fundamental Rights Borrowed from the USA**: India took its inspiration for fundamental rights from the **USA** Constitution, while fundamental duties were borrowed from the **USSR**.
• 😀 **Right to Property**: Removed as a fundamental right by the **44th Amendment (1978)** and made a legal right under **Article 300A**.
• 😀 **Definition of State (Article 12 & 36)**: These articles define the state to include the government, parliament, and all government-controlled entities, ensuring rights and responsibilities are understood.
• 😀 **Rights Exclusively for Indian Citizens**: Certain rights, such as the right to settle anywhere in India, are exclusive to Indian citizens. **Article 29** protects this.
• 😀 **State’s Secular Nature (Article 27)**: The state cannot impose taxes for religious purposes, ensuring the secular nature of India where no religion receives preferential treatment.
• 😀 **Ambedkar’s View on Fundamental Rights**: Dr. B.R. Ambedkar considered the **Right to Constitutional Remedies (Article 32)** the 'heart and soul' of the Indian Constitution, emphasizing its role in protecting fundamental rights.
• 😀 **Judicial Writs (Co-Warranto, Mandamus, Habeas Corpus)**: Writs such as **Co-Warranto** and **Mandamus** are crucial for ensuring public officers fulfill their duties and that courts function within their jurisdiction, with **Habeas Corpus** protecting against unlawful detention.
• 😀 **Right Against Exploitation**: Articles **23 and 24** protect citizens from human trafficking and child labor, ensuring basic rights are upheld in these areas.

Q & A

What did the Kesavananda Bharati case (1973) establish about the amendment of the Indian Constitution?

The Kesavananda Bharati case (1973) established that Parliament has the power to amend any part of the Constitution, including fundamental rights, as long as it does not alter the 'basic structure' of the Constitution.

How many fundamental rights are currently recognized in the Indian Constitution?

Currently, there are six fundamental rights recognized in the Indian Constitution.

Which article of the Indian Constitution provides for equal opportunity in employment?

Article 16 of the Indian Constitution provides for equal opportunity in employment under the government.

Which fundamental right was added to the Indian Constitution by the 86th Constitutional Amendment Act of 2002?

The 86th Constitutional Amendment Act of 2002 added Article 21A, which guarantees the Right to Education.

What was the significance of the 44th Constitutional Amendment Act of 1978?

The 44th Constitutional Amendment Act of 1978 removed the Right to Property from the category of fundamental rights and made it a legal right, which is now enshrined in Article 300A.

What is the definition of 'state' according to Articles 12 and 36 of the Indian Constitution?

According to Articles 12 and 36, the 'state' includes the central and state governments, local authorities, and all public institutions and bodies that function under government control.

Which article guarantees protection of the rights of Indian citizens only, excluding foreigners?

Article 29 of the Indian Constitution guarantees the protection of the rights of Indian citizens only, especially in matters like the protection of cultural rights and minority rights.

Which article of the Indian Constitution prohibits the government from imposing taxes for religious purposes?

Article 27 of the Indian Constitution prohibits the government from imposing any tax for the promotion or maintenance of any religion.

Why did Dr. B.R. Ambedkar consider Article 32 as the 'heart and soul' of the Indian Constitution?

Dr. B.R. Ambedkar called Article 32 the 'heart and soul' of the Indian Constitution because it provides citizens with the right to approach the Supreme Court directly for the enforcement of their fundamental rights.

What is the purpose of the writ of habeas corpus in the Indian legal system?

The writ of habeas corpus is used to secure the release of a person who is unlawfully detained or imprisoned, ensuring that no one is held in detention without legal justification.