Fundamental Rights Part-I

Total Questions: 90

61. Which one of the following does not fall within the purview of article 21 of the Constitution? [U.P.P.C.S. (Pre) 2017]

Correct Answer: (d) Capital punishment
Solution:Article 21 of the Indian Constitution provides that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." Hon'ble Supreme Court of India has widened the scope and orbit of the right to life and personal liberty on various occasions.

According to the question given here, option (d) is correct, as from the decision of Bachan Singh Vs. State of Punjab case, it is now clear that the provision of capital punishment, as given in section 302 of LP.C., is not violative of Article 21 of the constitution, because it is given only for serious crimes.

So, capital punishment doesn't come under the provision of Article 21 of the constitution. All the other rights given in the options come under the right to life and personal liberty, as it has been declared by the Supreme Court through following decisions as -

(i) Medical aid to injured by Doctor in Parmananda Katara Vs. Union of India 1989 S.C.

(ii) Sexual Harassment of women at workplace in Vishakha Vs. State of Rajasthan 1997 S.C.

(iii) Pollution of the quality of Air in Subhash Kumar Vs. State of Bihar 1991 S.C.

62. Which one of the following rights cannot be suspended or restricted even during National Emergency? [U.P.P.C.S. (Mains) 2008]

Correct Answer: (b) Right to life and personal liberty.
Solution:After the 44-Constitutional Amendment (1978), fundamental rights of life and Personal liberty (Art. 21) can not be suspended even during National Emergency.

If the National Emergency is declared on the grounds of war or external aggression, the fundamental rights under Article 19 are automatically suspended. It cannot be suspended on the grounds of armed rebellion.

63. The scope of the Article 21 of the Constitution was expanded to include Right to Education, because of the decision of Supreme Court in the case- [M.P.P.C.S. (Pre) 2019]

Correct Answer: (a) Unnikrishnan vis Andhra Pradesh
Solution:The Supreme Court, in the case of 'Unnikrishnan and others versus State of Andhra Pradesh and others', 1993, organized in the form of a right, free education for children up to the age of 14 years.

The court held that The citizens of the country have the fundamental right to education. This right comes out of Article 21. However, the right is not absolute. The content and measures of the right must be determined. in light of Article 41 and 45.

64. Right to education to all children between the age group of 6 to 14 years is- [U.P.P.C.S. (Pre) 2006]

Correct Answer: (b) A Fundamental Right
Solution:The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education to all children in the age group of six to fourteen years as a fundamental right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents the legislation envisaged under Article 21-A. The RTE Act came into effect on 1 April, 2010.

65. When was the Right to Education added through the amendment in the Constitution of India? [53rd to 55th B.P.S.C. (Pre) 2011]

Correct Answer: (a) 1stApril, 2010
Solution:The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education to all children in the age group of six to fourteen years as a fundamental right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents the legislation envisaged under Article 21-A. The RTE Act came into effect on 1 April, 2010.

66. Which one of the following is a human right as well as a fundamental right under the Constitution of India? [53rd to 55th B.P.S.C. (Pre) 2011]

Correct Answer: (c) Right to Education
Solution:The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education to all children in the age group of six to fourteen years as a fundamental right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents the legislation envisaged under Article 21-A. The RTE Act came into effect on 1 April, 2010.

67. Assertion (A): The state shall provide free and compulsory education to all children of the age group of six to fourteen years. [U.P.P.C.S. (Mains) 2010]

Reason (R): In a democratic society, right to education is indispensable in the interpretation of the right to development as a human right.

In the context of above statements select the correct answer.

Correct Answer: (a) Both (A) and (R) are true, and (R) is the correct explanation of (A).
Solution:According to Article 21(A) of the Indian Constitution, the state shall provide free and compulsory education to all children of the age of six to fourteen years. Thus, Assertion (A) is true.

Education is a fundamental human right and is indispensable in the interpretation of the right to development as a human right, as it promotes individual freedom and empowerment of children. Thus, both (A) and (R) are true, and (R) is the correct explanation of (A).

68. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? [U.P.S.C. (Pre) 2017]

1. Prohibition of traffic in human beings and forced labour

2. Abolition of untouchability.

3. Protection of the interests of minorities

4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

Correct Answer: (c) 1 and 4 only
Solution:The right against exploitation, given in Articles 23 and 24, provides for two provisions, that is, the abolition of trafficking in human beings and Beggar (forced labour), and abolition of employment of children below the age of 14 years in hazardous jobs like factories, mines, etc.

Article 23(1): Traffic in human beings and the beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.

Article 23(2): Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Article 24 says that "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment."

This Article forbids the employment of children below the age of 14 in any hazardous industry or factories or mines, without exception. However, the employment of children in non-hazardous work is allowed.

69. Which provision of the fundamental rights is directly related to the exploitation of children? [U.P. P.C.S. (Mains) 2009, U.P.P.C.S. (Pre) 2005]

Correct Answer: (d) Article 24
Solution:Article 24 of the Constitution is related to the Right against exploitation of the children. This Article prohibits the employment of children under the age of 14 years in any factory, mines or engagement in any other hazardous employment.

Laws that were passed in pursuance of Article 24 in India.

The Factories Act, 1948
This was the first act passed after independence to set a minimum age limit for the employment of children in factories. The Act set a minimum age of 14 years. In 1954, this Act was amended to provide that children below the age of 17 could not be employed at night.

The Mines Act of 1952
This Act prohibits the employment of people under the age of 18 years in mines.

The Child Labour (Prohibition and Regulation) Act, 1986
This was a landmark law enacted to curb the menace of child labour prevalent in India. It described where and how children could be employed and where and how this was forbidden. This Act designates a child as a person who has not completed his/her 14th year of age. The 1986 Act prohibits the employment of children in 13 occupations and 57 processes.

Child Labour (Prohibition & Regulation) Amendment Act, 2016
This Act completely forbids the employment of children below 14 years of age. It also bans the employment of people between the ages of 14 and 18 in hazardous occupations and processes.

Punishments to violators of this law were made stricter by this amendment act. This Act allows children to be employed in certain family occupations and also as artists.

Child Labour (Prohibition and Regulation) Amendment Rules, 2017
The government notified the above Rules in 2017 to provide a broad and specific framework for prevention, prohibition, rescue, and rehabilitation of child and adolescent workers. The Rules clarified on issues concerning the employment of family enterprises and also provides safeguards for artists in that the working hours and conditions are specified.

70. Article 24 of the Constitution of India prohibits the employment of child in factories related to hazardous works. Such prohibition is- [M.P.P.C.S. (Pre) 2020]

Correct Answer: (a) Absolute prohibition
Solution:As per Article 24, No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Such prohibition is an absolute prohibition.

Laws that were passed in pursuance of Article 24 in India.

The Factories Act, 1948
This was the first act passed after independence to set a minimum age limit for the employment of children in factories. The Act set a minimum age of 14 years. In 1954, this Act was amended to provide that children below the age of 17 could not be employed at night.

The Mines Act of 1952
This Act prohibits the employment of people under the age of 18 years in mines.

The Child Labour (Prohibition and Regulation) Act, 1986
This was a landmark law enacted to curb the menace of child labour prevalent in India. It described where and how children could be employed and where and how this was forbidden.

This Act designates a child as a person who has not completed his/her 14th year of age. The 1986 Act prohibits the employment of children in 13 occupations and 57 processes.

Child Labour (Prohibition & Regulation) Amendment Act, 2016
This Act completely forbids the employment of children below 14 years of age. It also bans the employment of people between the ages of 14 and 18 in hazardous occupations and processes.

Punishments to violators of this law were made stricter by this amendment act. This Act allows children to be employed in certain family occupations and also as artists.

Child Labour (Prohibition and Regulation) Amendment Rules, 2017
The government notified the above Rules in 2017 to provide a broad and specific framework for prevention, prohibition, rescue, and rehabilitation of child and adolescent workers.

The Rules clarified on issues concerning the employment of family enterprises and also provides safeguards for artists in that the working hours and conditions are specified.