Fundamental Rights and Fundamental Duties

Total Questions: 50

31. Right to freedom is mentioned in which Articles of the Indian Constitution? [S.S.C. Online Stenographer 13.09.2017 (Shift-I)]

Correct Answer: (b) Article 19-22
Solution:The right to freedom is essential for the functioning of democracy. The right to freedom has been mentioned in Articles from 19 to 22 of the Indian Constitution.

Right to Freedom (Article 19-22)

Freedom of Speech and Expression (Article 19): This article guarantees six fundamental freedoms ((albeit with reasonable restrictions) to the citizens:
Speech and Expression
Peaceful assembly
Forming Associations/Unions
Free Movement throughout India
Freedom to reside and settle in any part of India
Freedom to practice any profession or carry on any occupation, trade, or business

Protection in Respect of Conviction for Offences (Article 20): This article provides four key safeguards to individuals:
Ex Post Facto Law: No person can be convicted for an act that was not considered an offence at the time it was committed.
Limit on Penalty: No person can be subjected to a penalty greater than what was prescribed by the law at the time the offence was committed.
Double Jeopardy: A person cannot be prosecuted and punished for the same offence more than once.
Self-Incrimination: No person can be compelled to be a witness against themselves. This protection ensures the right to silence and safeguards individuals from forced confessions.

Protection of life and personal liberty (Article 21): It says that no one can be deprived of his or her life or personal liberty except according to the procedure established by law.
This right includes various other rights such as the right to privacy,the Right to a clean environment etc.

Right to Education (Article 21A): It was added through the 86th Amendment to the Constitution in 2002. It entrusts the state to provide free and compulsory education to children aged six to fourteen in the manner determined by the state.
Protection Against Arrest and Detention in Certain Cases (Article 22): This article provides two key protections:
Protection at the time of arrest: The arrested person (but not enemy aliens or persons detained under preventive detention laws) should be informed of the grounds for arrest, allowed to consult and be defended by a legal practitioner of their choice, and presented before a magistrate within 24 hours.

32. Right against exploitation is a______. [S.S.C. Online MTS (T-I) 21.08.2019 (Shift-II)]

Correct Answer: (a) Constitutional Right
Solution:Right against exploitation is both a fundamental right and a constitutional right. Right against exploitation is mentioned in Articles 23 and 24 of the Indian Constitution. Article 23 prohibits human trafficking and forced labor. Article 24 prohibits the employment of children below the age of 14 years in hazardous occupations like factories, mining, etc.

33. Under which Fundamental Right 'Human Trade' is prohibited? [S.S.C. Online MTS (T-I) 19.09.2017 (Shift-I)]

Correct Answer: (b) Right against Exploitation
Solution:Right against exploitation is both a fundamental right and a constitutional right. Right against exploitation is mentioned in Articles 23 and 24 of the Indian Constitution. Article 23 prohibits human trafficking and forced labor. Article 24 prohibits the employment of children below the age of 14 years in hazardous occupations like factories, mining, etc.

These provisions of the Indian Constitution provide certain safeguards to protect people, especially vulnerable sections, from exploitation. Various rights included under this are:

Prohibition of Traffic in Human Beings and Forced Labour (Article 23)

This provision prohibits human trafficking and forced labor. It makes such acts punishable offenses.

Prohibition of Employment of Children in Factories (Article 24)

This provision prohibits the employment of children under the age of fourteen in any factory, mine, or other hazardous activities. However, it does not prohibit their employment in any harmless or innocent work.

34. Which Article of the Constitution of India prohibits anyone from employing children below the age of fourteen in factories, mines, etc? [S.S.C. Online CGL (T-I) 18.04.2022 (Shift-III)]

Correct Answer: (c) 24
Solution:Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous activities like heavy industry, construction work, or railway.

35. Which Article of the Indian Constitution provides for the fundamental right against exploitation? [S.S.C. Online Constable GD 18.02.2019 (Shift-I)]

Correct Answer: (d) Article 23-24
Solution:

These provisions of the Indian Constitution provide certain safeguards to protect people, especially vulnerable sections, from exploitation. Various rights included under this are:

Prohibition of Traffic in Human Beings and Forced Labour (Article 23)

This provision prohibits human trafficking and forced labor. It makes such acts punishable offenses.

Prohibition of Employment of Children in Factories (Article 24)

This provision prohibits the employment of children under the age of fourteen in any factory, mine, or other hazardous activities. However, it does not prohibit their employment in any harmless or innocent work.

36. In which case, Right to livelihood was established as part of the Right to life under Article 21 of the Constitution? [S.S.C. Online MTS (T-I) 21.08.2019 (Shift-II)]

Correct Answer: (b) Olga Tellis vs Bombay Municipal Corporation
Solution:The right to livelihood as part of the right to life under Article 21 of the Constitution was upheld in the case of Olga Tellis v Bombay Municipal Corporation. This decision was taken by a 5-judge bench of the Supreme Court in the year 1985.

Shankari Prasad v. Union of India was the first major case to address the scope of Parliament's amending power. The Supreme Court upheld the constitutional validity of the First Amendment and ruled that Parliament had the power to amend any part of the Constitution, including Fundamental Rights.

In the landmark 1978 case of Maneka Gandhi v. Union of India, the Supreme Court of India expanded the interpretation of Article 21 (right to life and personal liberty), establishing a "golden triangle" of fundamental rights (Articles 14, 19, and 21) and introduced the concept of "procedure established by law

In the landmark case of M. Nagaraj & Others vs. Union of India & Others (2006), the Supreme Court upheld the constitutionality of amendments allowing reservation in promotions for Scheduled Castes (SCs) and Scheduled Tribes (STs), while also establishing guidelines for such reservations, emphasizing the need for quantifiable data on backwardness and inadequate representation, the Supreme Court upheld the constitutionality of amendments allowing reservation in promotions for Scheduled Castes (SCs) and Scheduled Tribes (STs), while also establishing guidelines for such reservations, emphasizing the need for quantifiable data on backwardness and inadequate representation

37. The foremost right among rights to freedom is_________. [S.S.C. Online CGL (T-I) 01.12.2022 (Shift-II)]

Correct Answer: (a) Right to life and personal liberty
Solution:The foremost right among rights to freedom is the right to life and personal liberty. The right to freedom is a right that is guaranteed via Fundamental Rights under the Constitution of India. Fundamental Righ related to the right to freedom is contained in Articl 19. Whereas Articles 20, 21 and 22 contain the Funadamental Right related to personal liberty.

38. Article 24 of the Indian Constitution 'Prohibition on employment of children in factories, etc deals with? [S.S.C. Online CGL (T-I) 01.12.2022 (Shift-II)]

Correct Answer: (a) Fundamental Rights of Indian Citizen
Solution:Article 24 of the Constitution of India makes provision for the prohibition of the employment of children in factories, etc. According to Article 24, no child below the age of fourteen years shall be employed to work in any factory or mine. Since the Fundamental Rights are provided in Articles from 12 to 35 and in the Article 24. This is related to the fundamental right of the Indian citizen.

39. According to Article 24 of the Constitution of India, a person below years of age shall not be employed to work in any factory. [S.S.C. Online CGL (T-I) 01.12.2022 (Shift-II)]

Correct Answer: (d) 14
Solution:Article 24 of the Constitution of India makes provision for the prohibition of the employment of children in factories, etc. According to Article 24, no child below the age of fourteen years shall be employed to work in any factory or mine. Since the Fundamental Rights are provided in Articles from 12 to 35 and in the Article 24. This is related to the fundamental right of the Indian citizen.

Articles 12 to 35 in Part III of Indian Constitution provide for six Fundamental Rights of India. Six fundamental rights are mentioned below:

  • Right to Equality (Articles 14–18)
  • Right to Freedom (Articles 19–22)
  • Right against Exploitation (Articles 23–24)
  • Right to Freedom of Religion (Articles 25–28)
  • Cultural and Educational Rights (Articles 29–30)
  • Right to Constitutional Remedies (Article 32)

40. According to the Indian Constitution, no child below the age of______ years shall be employed to work in any factory or mine or engaged in any other hazardous employment. [S.S.C. Online MTS (T-I) 07.07.2022 (Shift-III)]

Correct Answer: (a) fourteen
Solution:Article 24 of the Constitution of India makes provision for the prohibition of the employment of children in factories, etc. According to Article 24, no child below the age of fourteen years shall be employed to work in any factory or mine. Since the Fundamental Rights are provided in Articles from 12 to 35 and in the Article 24. This is related to the fundamental right of the Indian citizen.

Articles 12 to 35 in Part III of Indian Constitution provide for six Fundamental Rights of India. Six fundamental rights are mentioned below:

  • Right to Equality (Articles 14–18)
  • Right to Freedom (Articles 19–22)
  • Right against Exploitation (Articles 23–24)
  • Right to Freedom of Religion (Articles 25–28)
  • Cultural and Educational Rights (Articles 29–30)
  • Right to Constitutional Remedies (Article 32)