Fundamental Rights and Duties

(A) is true but (R) is false

Explanation — Mandamus literally means "we command". The statement in (R) describes the writ of Quo Warranto, which is issued to enquire into the legality of a person's claim to a public office, not Mandamus.

Right to strike

Reason — The Constitution guarantees Fundamental Rights such as the Right against Exploitation, Equality of Opportunity in matters of public employment, and the Right to practise any profession. The Right to strike is not one of the Fundamental Rights.

By approaching the Supreme Court or High Courts which will issue appropriate writs against the authority

Reason — Under the Right to Constitutional Remedies (Article 32), a citizen whose Fundamental Rights are violated can approach the Supreme Court or the High Courts. These courts have the power to issue appropriate writs to protect Fundamental Rights.

When a proclamation of National Emergency is in operation

Reason — Fundamental Rights are suspendable. Certain rights, such as those under Article 19, can be suspended during a National Emergency proclaimed under Article 352 to safeguard national interest and integrity. However, the rights under Articles 20 and 21 remain enforceable.

Right to education up to 14 years of age

Reason — Article 21A, added by the Constitution (86^th Amendment) Act, 2002, provides for free and compulsory education for all children between the ages of 6 and 14 years. It is therefore the Fundamental Right specially applicable to children.

Right against Exploitation

Reason — The image depicts child labour. Article 24, which falls under the Right against Exploitation, prohibits the employment of children below the age of 14 in mines, factories and other hazardous occupations.

That all individuals are equally subjected to the ordinary law of the land

Reason — Article 14 guarantees equality before the law and equal protection of the laws. It means that no person is above the law and that all individuals are equally subject to the ordinary law of the land.

Abolition of untouchability

Reason — Just as Article 15 provides for the prohibition of discrimination, Article 17 abolishes the practice of untouchability and forbids its practice in any form.

Right to Equality (Article 14)

Reason — The Right to Equality prohibits discrimination on grounds of religion and guarantees equality of opportunity in matters of public employment. Therefore, discrimination on the basis of religion violates this Fundamental Right.

To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem

Reason — Article 51A(a) of the Constitution lays down that it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. This is the duty depicted in the image.

Right to Constitutional Remedies

Reason — The Right to Constitutional Remedies (Article 32) is the most important of the Fundamental Rights, as it is the only guarantee against encroachment on the other rights. Without it, the remaining rights would have been meaningless. Dr. B.R. Ambedkar therefore described it as the very soul of the Constitution and the very heart of it.

Right to Freedom

Reason — The Right to Freedom is not absolute. Various laws passed by the Parliament, such as MISA (Maintenance of Internal Security Act), ESMA (Essential Services Maintenance Act) and the Preventive Detention Act, have imposed certain restrictions on the exercise of this Right, under which a person can be detained for up to three months without trial.

Both (A) and (R) are true, but (R) is not the correct explanation of (A)

Explanation — Fundamental Rights are justiciable because a person can approach a court if these rights are violated. Fundamental Duties are not justiciable and are not legally enforceable. Therefore, both statements are true, but the Reason does not explain the Assertion.

It makes education as a Fundamental Right of every child between the ages of 6 and 14 years

Reason — The Right to Education Act makes education a Fundamental Right of every child between the ages of 6 and 14 years. It is not applicable to all citizens, nor is it a temporary law, and it became a Fundamental Right only in 2002 through the 86^th Amendment and not since the enforcement of the Constitution.

P and S

Reason — P is correct because Fundamental Rights are available to every citizen without discrimination. S is correct because these rights are justiciable and can be enforced in a court of law. Q is incorrect because Fundamental Rights are subject to reasonable restrictions, and R is incorrect because some Fundamental Rights can be suspended during a National Emergency.

(B) is the reason for (A)

Explanation — Article 32 of the Constitution confers upon the citizens the Right to Constitutional Remedies, which implies that every citizen is entitled to move the Supreme Court or the High Courts if his or her Fundamental Rights are encroached upon. It is because of this Article that the courts have been vested with the power to issue orders, directions and writs in order to protect the rights of the complainant. Hence, (B) is the reason for (A).

To value and preserve the rich heritage of our composite culture

Reason — The first three are Fundamental Rights, whereas to value and preserve the rich heritage of our composite culture is a Fundamental Duty. Hence, it is the odd one out.

42nd Amendment Act (1976)

Reason — Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976. Therefore, Sheela would study this Amendment.

Fundamental Rights are the basic rights essential for the development and all-round progress of an individual. It is the duty of the State to ensure that these rights are not denied to the citizens.

The different Fundamental Rights guaranteed to the citizens of India are:

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies

The Right to Equality establishes equality before the law and equal protection of the law, regardless of status, caste, creed, religion, sect, sex or colour.

The writ described is Habeas Corpus.

The Right to Freedom of Speech and Expression cannot be used to endanger the security and integrity of the State.

The Fundamental Right that prohibits forced labour is the Right against Exploitation.

The Fundamental Right that aims at the preservation of culture, language, and script of the minorities in India is Cultural and Educational Rights (Articles 29 and 30).

The Fundamental Right being violated here is the Right to Freedom of Religion (Articles 25 to 28).

The Fundamental Right that citizens can use to protect their other Fundamental Rights is the Right to Constitutional Remedies (Article 32).

Two Fundamental Rights granted to the citizens of India which bring out the secular nature of the state are:

1. Right to Freedom of Religion.
2. Right to Equality.

The Right to Constitutional Remedies implies that every citizen is entitled to move the Supreme Court or the High Courts if his or her Fundamental Rights are encroached upon or abridged.

The Fundamental Right which protects the interests of the linguistic minorities in India is Cultural and Educational Rights (Articles 29 and 30).

The Fundamental Right being discussed here is the Right to Freedom of Speech and Expression.

This right allows citizens to express their views freely on matters of public and national importance. However, it cannot be misused to slander others, endanger the security of the State or incite violence.

Two Fundamental Duties of the Indian citizens are:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To uphold and protect the sovereignty, unity and integrity of India.

The practice of awarding titles has been abolished by the Constitution. This has been done because conferring such titles goes against the spirit of social equality. Only military and academic degrees can be conferred.

A writ is a formal written order issued by the Supreme Court or a High Court to enforce Fundamental Rights.

Ravi can file a Habeas Corpus writ in the High Court to ensure Sunil's immediate release from unlawful detention.

Habeas Corpus — It means 'to have the body'. By issuing such a writ, the court can get the body of any person released if it has been unlawfully detained by any person or a group of persons or by the State. This writ is thus a significant safeguard for the personal freedom of a citizen.

Fundamental Duties specify one's obligations to society and the nation. Though they are not legally enforceable, they remind citizens of their responsibilities towards the country.

(a) The Right to Education at elementary level has been made one of the Fundamental Rights in 2002 under the 86^th Amendment of the Indian Constitution. The Act makes education a Fundamental Right of every child between the ages of 6 and 14 and specifies certain minimum norms in elementary schools.

(b) The 25% reservation for weaker sections in private and minority schools, as mandated by the Right to Education Act (RTE), plays a significant role in promoting social equality. By ensuring that children from economically disadvantaged backgrounds have access to quality education in private schools, the reservation helps bridge the gap between rich and poor in terms of educational opportunities.

(a) I fully agree with this view.

The Right to Freedom, as enshrined in the Indian Constitution under Articles 19 to 22, is not a single, isolated right but rather a bundle (or cluster) of rights that ensure various kinds of individual and collective freedoms to the citizens of the Republic of India.

(b) Different rights incorporated in the Right to Freedom are:

1. Right to Freedom of Speech and Expression — Citizens of India can freely discuss all matters concerning public as well as national well-being orally or through the press, but cannot slander others, jeopardise the safety and integrity of the State or incite violence.
2. Freedom to Assemble Peacefully and without Arms — Peaceful assembly is allowed for the exchange of views and propagation.
3. Freedom to Form Associations or Unions — To protect both individual and collective interests, the Constitution guarantees this right. However, restrictions can be imposed if unions or associations threaten state security or engage in illegal or immoral activities.
4. Freedom to Free Movement — Every Indian citizen has the right to move freely across the country, except in private properties. No one can be detained without legal authority, though the State may impose restrictions in the public interest.
5. Freedom to Reside and Settle in Any Part of the Territory of India — Every citizen of India can reside anywhere in the country, provided it doesn't harm the interests of weaker sections. Property can be owned or transferred freely, except in protected tribal areas. The State may acquire property for public use.
6. Freedom to Practise Any Profession or to Carry on Any Occupation — The Constitution grants every citizen the right to practise any profession or occupation, provided it does not harm public interest or violate moral ethics, such as trafficking or smuggling.

(a) The Right to Equality is covered under Articles 14 to 18 of the Indian Constitution. These articles aim to establish equality before the law and prohibit discrimination on various grounds.

(b) The subject matter of any two of these rights are as follows:

1. Article 14 establishes equality before the law and equal protection of the law, regardless of status, caste, creed, religion, sect, sex or colour.
2. Article 17 of the Indian Constitution abolishes the practice of untouchability, declaring it forbidden in any form. This landmark provision prohibits untouchability and criminalises the enforcement of any disability arising from it.

(a) Four fundamental duties are given below:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.

(b) Fundamental Duties have been included in the Constitution to remind citizens that rights and responsibilities go hand in hand. While the Constitution grants various Fundamental Rights, it also expects citizens to uphold the unity, integrity, and values of the nation.

(a) A writ is a formal written order issued by the Supreme Court or a High Court. It provides legal remedies to individuals who are not adequately protected under ordinary laws. The Constitution empowers the Supreme Court and the High Courts to issue certain writs.

The writs are important because:

1. They serve as powerful tools to protect citizens' rights.
2. Help prevent arbitrary actions by public authorities.
3. Ensure legal accountability and uphold the rule of law.
4. Empower citizens to directly approach the courts when their rights are violated.

(b) The difference between Prohibition and Certiorari are given below:

(c) Quo-warranto can be filed to challenge the legality of this appointment.

Since the individual has been appointed as the head of a government department without fulfilling the prescribed qualifications, filing a writ of Quo-Warranto allows the court to examine the validity of the appointment. If the court finds that the appointment was made without proper legal authority or in violation of the rules, it can declare the appointment illegal and order the removal of the person from the office.