Indian Polity — Fundamental Rights (Part-III: Article 12-35)

Figure 1: Fundamental Rights are the Magna Carta of the Indian Constitution and are frequently tested in UPSC examinations.

1. Introduction to Fundamental Rights

• These are fundamental for all-round (material, intellectual, moral and spiritual) development.
• These were inspired by the Constitution of the USA (Bill of Rights).
• Fundamental Rights in India are more elaborate than those found in any other country in the world, including the USA.
• It has been rightly described as the Magna Carta of India.

KNOWLEDGE NUGGET

• Part III: Articles 12 to 35
• Inspired by: USA Constitution (Bill of Rights)
• Known As: Magna Carta of India
• Originally: 7 Fundamental Rights (Right to Property was deleted by 44th CAA, 1978)
• Currently: 6 Fundamental Rights

2. Features of Fundamental Rights

• Amendable: Can be amended by Parliament via constitutional amendments, without altering the "basic structure" of the Constitution.
• Qualified: Rights are not absolute and are subject to reasonable restrictions.
• Protection Against State and Individuals: Protection against arbitrary state action, with some extending protection against private individuals.
• Positive and Negative Rights: Some rights limit state authority (negative), while others provide individual privileges (positive).
• Democratic: Promote political democracy by limiting executive tyranny and arbitrary legislative laws.
• Justiciable: Enforceable through courts if violated.
• Claims against state: Rights are claims by the citizens against the state and not vice versa. [UPSC 2017]
• They can be suspended during the operation of a National Emergency except for the rights guaranteed by Articles 20 and 21.

📝 UPSC Previous Year Questions:

• UPSC Prelims 2017: Rights are claims by the citizens against the state and not vice versa. Answer: True.

3. Constitutional Provisions with Respect to Fundamental Rights

SIX FUNDAMENTAL RIGHTS

1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Note: The 44th Amendment Act, 1978, removed the right to property from the list of Fundamental Rights. It has been reclassified as a Legal and Constitutional right under Article 300-A in Part XII of the Constitution. Consequently, the current count of Fundamental Rights is six.

Fundamental Rights Available

• Only to citizens and not to foreigners: Articles 15, 16, 19, 29 and 30.
• To both citizens and foreigners (except enemy aliens): Articles 14, 20 and 28.

FUNDAMENTAL RIGHTS AVAILABILITY

• Citizens Only: Articles 15, 16, 19, 29, 30
• Citizens + Foreigners: Articles 14, 20, 28
• Right to Property: Removed from FR by 44th CAA, 1978 → Now Article 300-A (Legal Right)

4. Definition of State and Laws Inconsistent with Fundamental Rights

Definition of State (Article 12)

Laws Inconsistent with FR (Article 13)

As per Article 12, the term State includes: Government and Parliament Government and Legislature of States All local authorities (municipalities, panchayat, district boards, improvement trust etc.) All other authorities (statutory or non-statutory authorities like LIC, ONGC, etc.) According to the Supreme Court, even a private body or an agency working as an instrument of the state falls within the meaning of state under Article 12.

Article 13: All laws that are inconsistent with or in derogation of any of the fundamental rights shall be void (expressively provides for the doctrine of judicial review). Term 'law' in Article 13: Permanent laws enacted by the centre and state Temporary ordinance by the President Statutory instruments of delegated legislation (executive legislation) like order Custom or usage having the force of law Article 13(3): Nothing in this article shall apply to any amendment of this Constitution made under Article 368 (24th Constitutional Amendment, 1971). However, in the Kesavananda Bharati case (1973), the SC held that a Constitutional amendment can be challenged on the ground if it violates a fundamental right that forms a part of the 'basic structure' of the Constitution and hence, can be declared as void.

KEY DOCTRINE

Judicial Review: Article 13 expressly provides for the doctrine of judicial review, allowing courts to declare laws inconsistent with Fundamental Rights as void.

5. Right to Equality (Article 14-18)

5.1 Article 14: Equality Before Law and Equal Protection of Law

• Article 14: The state shall not deny to any person "equality before the law" or the "equal protection of the laws" within the territory of India.
• Equality Before Law (British Origin + Negative connotation):
  • Absence of any special privileges in favour of any person
  • Equal subjection of all persons to ordinary law of land administered by ordinary law courts
  • No person is above the law
• Equal Protection of Law (American Origin + Positive notion):
  • Equality of treatment under equal circumstances, both in privileges conferred and liabilities imposed by the laws
  • Similar application of the same laws to all persons who are similarly situated
  • Like should be treated alike without any discrimination
• The Supreme Court held that where equals and unequals are treated differently, Article 14 does not apply.
• Article 14 forbids class legislation, but it permits reasonable classification of persons, objects and transactions by the law (should not be arbitrary, artificial or evasive).
• A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates Article 14 of the Constitution. [UPSC 2021]

Rule of Law (by A.V. Dicey) — Basic Feature of the Constitution

• The concept of 'Equality before Law' is an element of the Rule of Law.
• Rule of Law has 3 fundamental principles:
  • Absence of arbitrary power — applicable to the Indian System. [UPSC 2021]
  • Equality before the law — applicable to the Indian System
  • Primacy of individual rights — Not applicable, as the constitution is the source of individual rights

Exceptions to Equality

• Article 361: The President of India and Governor enjoy few immunities.
• Article 361-A: No person is liable for any civil or criminal proceedings in any court in respect of publication in the newspaper (or by radio/television) of a substantially true report of any proceedings of Parliament or the state legislature.
• Article 105: Parliamentary privilege of members of Parliament.
• Article 194: Privileges of members of the state legislature in the legislature or any committee thereof.
• Article 31-C: SC held that where "Art 31-C comes in, Art 14 goes out". It provides that the laws made by the state for implementing the directive principles contained in clause (b) or clause (c) of Article 39 cannot be challenged on the grounds that they are violative of Article 14.
• Foreign sovereigns and diplomats enjoy immunity from criminal and civil proceedings.
• The UNO and its agencies enjoy diplomatic immunity.

5.2 Article 15: Prohibition of Discrimination

• Article 15(1): The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. The word 'only' connotes that discrimination on other grounds is not prohibited.
• Article 15(2): No citizen shall on the grounds only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability restriction or condition with regard to:
  • Access to shops, public restaurants, hotels, and place of entertainment
  • The use of wells, tanks, bathing ghats, roads and places of public resorts maintained wholly or partly out of state funds or dedicated to the use of the general public
• This provision prohibits discrimination both by the State and private individuals, while the former provision prohibits discrimination only by the State.
• Article 15(3) and 15(4): Foundational bricks of reservation system in the country.

Four Exceptions to Article 15

• The State is permitted to make any special provision for women and children.
• For the advancement of any socially and educationally backward classes or for SCs and STs.
• For the advancement of any socially and educationally backward classes of citizens or for SCs and STs regarding their admission to educational institutions, including private educational institutions, whether aided or unaided by the state except minority educational institutions.
• For the advancement of any economically weaker section (EWS) of citizens.

Reservation for OBCs in Educational Institutions

• Exception in Article 15(5): The 93rd Amendment Act (2005) enacted Central Educational Institutions (reservation in admission) Act, 2006, providing quota for 27% reservation for the OBCs in all central higher educational institutions including the IITs and the IIMs.
• The Supreme Court upheld the validity and directed the central government to exclude the 'creamy layer' (advanced sections) among the OBCs while implementing the law.

Reservation for EWS in Educational Institutions

• Exception in Article 15(6): Added by the 103rd Amendment Act of 2019. 10% reservation to EWS in admission to educational institutions was introduced.
• EWSs who are not covered under any of the existing schemes of reservations for SCs, STs and OBCs.

Creamy Layer for SC-ST

• The Supreme Court of India in review judgement of Punjab and Haryana High Court, allowed states the authority to sub-classify reserved category groups, such as Scheduled Castes (SCs) and Scheduled Tribes (STs), for the purpose of reservations.
• This decision overturns the E.V. Chinnaiah vs. State of Andhra Pradesh (2004) ruling, which altered the landscape of reservation policies in India.
• The Supreme Court allowed states to sub-classify SCs and STs based on backwardness, applying the creamy layer principle to exclude privileged groups. Sub-classification must rely on empirical data, and 100% reservation for any subclass is impermissible.
• According to SC, States can now sub-classify SCs within the 15% reservation quota to provide better support for the most disadvantaged groups. The court stated that Reservation has to be limited only to the first generation.

5.3 Article 16: Equality of Opportunity in Public Employment

• For all citizens in matters of public employment or appointment to any office under the state.
• No citizen can be discriminated against or be ineligible for any employment or office under the state on grounds of only religion, race, caste, sex, descent, place of birth or residence.

Four Exceptions to Article 16

• Parliament can prescribe residence as a condition for certain employment or appointment in a State or UT or local authority or other authority (presently only in Andhra Pradesh and Telangana).
• State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in state services.
• A law can provide that the incumbent of an office related to a religious or denominational institution or a member of its governing body should belong to the particular religion or denomination.
• State is permitted to make a provision for the reservation of up to 10% of appointment of post in favour of any citizen belonging to EWS.

Indra Sawhney Judgment (1992)

• SC in Indra Sawhney (1992), examined the scope of Article 16(4):
  • Upheld the constitutional validity of 27% reservation for the OBCs with certain conditions.
  • Advanced sections among the OBCs (the creamy layer) should be excluded from the list of beneficiaries of reservation.
  • Rejected the additional reservation of 10% for poorer sections.
  • Total reserved quota should not exceed 50% except in some extraordinary situations.
  • No reservation in promotions; reservation should be confined to initial appointments only.
  • 'Carry Forward Rule' in case of backlog vacancies is valid — should not violate the 50% rule.
  • A permanent statutory body should be established to examine inclusion-exclusion purposes. [UPSC 2023]

Backward Classes Commissions

• 1953: The First Backward Classes Commission was formed under the chairmanship of Kaka Kalelkar.
• 1979: Under Article 340, Second Backward Classes Commission under the chairmanship of B.P. Mandal to investigate the conditions of the SEBCs (Socially and Educationally Backward Classes) and suggest measures for their advancement:
  • About 52% of India's population is Socially + educationally backward (excluding SCs and STs).
  • Reservation of 27% government jobs for the OBCs — total reservation would be 50%.
• 1990: V.P. Singh Govt. declared a reservation of 27% in government jobs for the OBCs.
• 1991: Narasimha Rao Govt introduced two changes:
  • Preference to the poorer sections among the OBCs in the 27% quota (economic criteria).
  • Reservation of another 10% in jobs for poorer sections among the higher castes.
• NCCB (National Commission for Backward Classes) was established by an Act in 1993. It was accorded constitutional status by the 102nd CAA (2018) by inserting a new Article 338-B in the Constitution.

Justice Rohini Commission

• The Commission, formed in 2017 under Article 340 of the Indian Constitution, was tasked with investigating the unequal distribution of reservation benefits among OBCs.
• Its objectives include developing a scientific approach for sub-categorization within OBCs, identifying and classifying castes in the Central List, and reviewing the list to address errors, repetitions, and inconsistencies.
• In 2020, its mandate expanded to correcting ambiguities and transcription issues.

5.4 Article 17: Abolition of Untouchability

• It abolishes 'untouchability' and forbids its practice in any form. [UPSC 2020]
• The Untouchability (Offences) Act, 1955 was amended in 1976 and renamed as "Protection of Civil Rights Act, 1955".
• The phrase "Untouchability" is not defined either in the Constitution or in the act.
• Mysore High Court: The subject matter of Article 17 is not untouchability in the literal or grammatical sense but the 'practice as it had developed historically in the country'.
• Exception: Does not cover the social boycott of a few individuals or their exclusion from religious services etc.
• The Supreme Court, in the People's Union For Democratic Rights case (1982), held that the right under Article 17 is available against private individuals, and it is the constitutional obligation of the state to take necessary action to ensure that this right is not violated.

5.5 Article 18: Abolition of Titles

• It abolishes titles and makes four provisions in that regard:
  • It prohibits the state from conferring any title (except a military or academic distinction) on anybody, whether a citizen or a foreigner.
  • It prohibits a citizen of India from accepting any title from any foreign state.
  • Foreigners holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the President.
  • No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument/office from/under any foreign State without the consent of the President.
• The Supreme Court in the Balaji Raghavan Case (1996) upheld the constitutional validity of the National Awards — Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri. [UPSC 2021]
  • SC ruled that these awards do not amount to 'titles' within the meaning of Article 18, which prohibits only hereditary titles of nobility — Maharaja, Rajiv Rani Bahadur, Rai Saheb, Dewan Bahadur etc.
  • They should not be used as suffixes or prefixes to the names of awardees. Otherwise, they should forfeit the awards.
• National Awards were instituted in 1954. The Janata Party government headed by Morarji Desai discontinued them in 1977. But they were again revived in 1980 by the Indira Gandhi government.

📝 UPSC Previous Year Questions:

• UPSC Prelims 2021: A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power violates Article 14. Answer: True.
• UPSC Prelims 2021: The first and second elements of Rule of Law are applicable to the Indian System. Answer: True.
• UPSC Prelims 2020: Article 17 abolishes untouchability and forbids its practice in any form. Answer: True.
• UPSC Prelims 2021: National Awards do not amount to 'titles' within the meaning of Article 18. Answer: True.
• UPSC Prelims 2023: A permanent statutory body should be established to examine inclusion-exclusion purposes for OBCs. Answer: True (Indra Sawhney Judgment).

6. Right to Freedom (Article 19-22)

6.1 Article 19: Protection of Certain Rights Regarding Freedom of Speech, etc.

• Article 19(1): Guarantees to all citizens the six rights.
• Originally, the Constitution provided for seven Fundamental Rights under Article 19. The right to property was deleted from the list by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution. So, at present, there are only six Fundamental Rights under Article 19. [UPSC 2021]
• The Supreme Court has ruled that a fundamental right under Articles 19 and 21 can be enforced even against private parties other than the State or its instrumentalities.
• States can impose reasonable restrictions on these 6 rights solely on the grounds mentioned in Article 19(2) itself and not on other grounds.

Article 19(1)(a): Freedom of Speech and Expression

• The Supreme Court held that freedom of speech contains the following rights:
  • Right to propagate one's views as well as the views of others (Freedom of circulation)
  • Freedom of the press
  • Freedom of commercial advertisements
  • Right against tapping of telephonic conversation
  • Right to telecast — the government has no monopoly on electronic media
  • Right against bandh called by a political party or organisation
  • Right to know about government activities
  • Right against imposition of pre-censorship on a newspaper
  • Right to fly the national flag
  • Right of voters to know the antecedents of the candidates contesting elections
  • Right to choose the medium of instruction at the stage of primary school
  • Right to express gender identity
  • Right to reply (right to answer the criticism)
  • Right to post information/videos on the internet/social media
  • Right of film-makers to exhibit their films
  • Right to access the internet (right to access to information via the internet)
  • Right to demonstration or picketing but not the right to strike
  • Freedom of silence
• Article 19(2): The State can impose reasonable restrictions on the following grounds:
  • Friendly relations with foreign states (1st CAA, 1951)
  • Incitement to an offence (1st CAA, 1951)
  • Public order (1st CAA, 1951)
  • Sovereignty and integrity of India (16th CAA, 1963)
  • Defamation
  • Contempt of court
  • Security of the state
  • Decency or morality

Article 19(1)(b): Freedom of Assembly

• All citizens have the right to assemble peaceably and without arms.
• Right to hold public meetings, demonstrations and take out processions.
• Permitted only on public land in a peaceful manner and without arms.
• Does not protect: Violent, disorderly, riotous assemblies or one that causes a breach of public peace or involves arms. Right does not include Right to Strike.
• Article 19(3) mentions reasonable restrictions on two grounds: Sovereignty and integrity of India; Public order, including the maintenance of traffic in the concerned area.
• Section 144 (CrPC): Magistrate can restrain an assembly, meeting or procession involving the risk of obstruction, annoyance or danger to human life, health or safety or disturbance of public tranquility or of any affray — invoked on many instances to tackle COVID-19.
• Section 141 (IPC): Assembly of five or more persons becomes unlawful if the objective is:
  • To resist the execution of any law or legal process
  • To forcibly occupy the property of some person
  • To commit any mischief or criminal trespass
  • To force someone to do an illegal act
  • To threaten govt officials on exercising lawful powers

Article 19(1)(c): Freedom of Association

• All citizens have the right to form associations or unions or cooperative societies.
• Right to Form: Political Parties + companies + partnership firms + societies + clubs + organisations + trade unions or any body of persons. Includes the right to continue with the association. Includes negative right of not to form or join an association or union.
• Article 19(4) — Reasonable restrictions: Sovereignty of India + Integrity of India + Public order + Morality.
• Right to obtain recognition of association is not a fundamental right.
• Supreme Court held that trade unions have:
  • No right to strike (It can be controlled by an appropriate industrial law)
  • No right to declare a lockout

Article 19(1)(d): Freedom of Movement

• Every citizen has the right to move freely — Inter-state and Intra-state movement.
• Article 19(5) — Reasonable restrictions: Interest of general public + Protection of interests of any STs.
• Supreme Court: The movement of prostitutes can be restricted on grounds of — public health and morals.
• Article 19: Internal freedom of movement — right to move inside the country.
• Article 21: External freedom of movement — right to move out of the country.

Article 19(1)(e): Freedom of Residence

• Every citizen has the right to reside and settle in any part of the territory of India (stay temporarily or set up a domicile at any place permanently).
• Intended to remove internal barriers within the country (to promote nationalism and avoid narrow-mindedness).
• Article 19(5) — Reasonable restrictions: Interest of general public and Protection of interests of any ST.
• In many parts of the country, the tribals have been permitted to regulate their property rights in accordance with their customary rules and laws.
• Supreme Court: Certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders.

Article 19(1)(g): Freedom of Profession, Occupation, Trade and Business

• All citizens are given the right to practise any profession or to carry on any occupation, trade and business.
• Very wide: Covers all means of earning one's livelihood.
• Article 19(6): The State can impose reasonable restrictions on the exercise of this right in the interest of the general public. State is empowered to:
  • Prescribe professional/technical qualifications necessary for practising any profession or carrying on any occupation, trade or business
  • Carry on by itself any trade, business, industry or service whether to the exclusion (complete or partial) of citizens or otherwise
• State is not required to justify its monopoly.
• Does not include: Right to carry on a profession or business or trade or occupation that is immoral or dangerous — state can absolutely prohibit these or regulate through licensing.

6.2 Article 20: Protection in respect of conviction for offences

• Protection against arbitrary and excessive punishment to an accused person — Citizen, or foreigner or legal person like a company or a corporation.
• No ex-post-facto Law (imposes penalties retrospectively): No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the offence.
  • The limitation is imposed only with respect to criminal law, not civil laws or tax laws
  • It cannot be claimed in case of preventive detention/demanding security from a person
• No Double Jeopardy: No one shall be prosecuted and punished for the same offence more than once. Available only on proceedings before a court of law or judicial tribunal (judicial bodies). Inquiries by Dept. or administrative authorities are exceptions.
• No Self-Incrimination: No person accused of any offence shall be compelled to be a witness against himself (oral and documentary evidence). It only extends to criminal proceedings and not to civil proceedings.
  • Does not extend to: Compulsory production of material objects, compulsion to give thumb impression, blood specimen, compulsory exhibition of body

6.3 Article 21: Protection of Life and Personal Liberty

• No person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.
• Procedure established by law (borrowed from the Japanese Constitution): The validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair or unjust.
• Due Process of Law (American concept): A doctrine that not only checks if there is a law to deprive the life and personal liberty of a person but also ensures that the law is made fair and just. [UPSC 2023]

Landmark Cases on Article 21

• Gopalan Case (1950): Protection under Article 21 is available against arbitrary executive action and not from arbitrary legislative action. Here the SC took a narrow interpretation of Article 21.
  • Personal liberty: only liberty relating to the person or body of an individual
• Maneka Gandhi Case (1978): Introduced 'due process of law': Protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.
  • The right to life and personal liberty of a person cannot be deprived by law provided the procedure prescribed by that law is reasonable, fair and just
  • Right to life: Right to live with human dignity
  • Personal liberty: Widest amplitude, and it covers a variety of rights that constitute the personal liberties of a man. It is a wider interpretation of Article 21
• KS Puttaswamy Case (2017): It held that privacy is a natural right that interferes in all-natural persons, and that right may be restricted only by state action if it passes each of three tests:
  • Such state action must have a legislative mandate
  • It must be pursuing a legitimate state purpose
  • It must be proportionate [UPSC 2018]
• Hadiya Case (2017): The Supreme Court held that "The right to marry a person of one's choice is integral to Article 21" (right to life and liberty) of the Constitution. [UPSC 2019]
• M.K. Ranjitsinh Judgment: The Supreme Court recognized the right to protection from climate change impacts under Articles 21 and 14 as essential to life and equality. (April 2024)

Rights as Part of Article 21

• Right to live with human dignity
• Right to a decent environment, including pollution-free water and air and protection against hazardous industries
• Right to livelihood
• Right to privacy [UPSC 2021, 2018]
• Right to shelter
• Right to health
• Right to free education up to 14 years
• Right to free legal aid
• Right against solitary confinement
• Right to speedy trial
• Right against handcuffing
• Right against inhuman treatment
• Right against delayed execution
• Right to travel abroad
• Right against bonded labour
• Right against custodial harassment
• Right to emergency medical aid
• Right to timely medical treatment in government hospitals
• Right not to be driven out of a state
• Right to a fair trial
• Right of prisoners to have necessities of life
• Right of women to be treated with decency and dignity
• Right against public hanging
• Right to road in hilly areas
• Right to information
• Right to reputation
• Right of appeal from a judgement of conviction
• Right to family pension
• Right to social and economic justice and empowerment
• Right against bar fetters
• Right to appropriate life insurance policy
• Right to sleep
• Right to freedom from noise pollution
• Right to sustainable development
• Right to opportunity
• Right to decent burial/cremation
• Right to marry a person of one's choice
• Right to die with dignity (passive euthanasia)

6.4 Article 21A: Right to Education

• Article 21A (inserted by the 86th CAA, 2002): State shall provide free and compulsory education to all children of the age of 6-14 years, in such manner as the State may, by law, determine.
• This provision makes only elementary education a fundamental right, not higher or professional education.
• In pursuance of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
• In the Unni Krishnan case (1993), the Supreme Court recognized a fundamental right to primary education in the right to life under Article 21.

6.5 Article 22: Protection against Arrest and Detention

• Article 22(5): Preventive Detention Rights:
  • Requires detainees to be informed of the grounds for detention
  • Guarantees the right to challenge detention legally

📝 UPSC Previous Year Questions:

• UPSC Prelims 2021: The right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. Answer: True.
• UPSC Prelims 2023: Due Process of Law ensures that the law is made fair and just. Answer: True.
• UPSC Prelims 2018: The right to privacy is protected under Article 21. Answer: True.
• UPSC Prelims 2019: The right to marry a person of one's choice is integral to Article 21 (Hadiya Case). Answer: True.

High-Yield Interactive UPSC Quiz (Fundamental Rights - Part 1)

Q1. The Fundamental Rights in the Indian Constitution are inspired by the Constitution of which country?

Correct Answer: C. The Fundamental Rights are inspired by the Constitution of the USA (Bill of Rights).

Q2. Which Article of the Constitution deals with the definition of 'State' for the purpose of Fundamental Rights?

Correct Answer: B. Article 12 defines the term 'State' for the purpose of Fundamental Rights, which includes Government and Parliament, State Governments and Legislatures, local authorities, and other authorities.

Q3. The concept of 'Equality Before Law' is derived from which country's Constitution?

Correct Answer: B. 'Equality Before Law' is of British origin and has a negative connotation, while 'Equal Protection of Laws' is of American origin and has a positive notion.

Q4. Which Constitutional Amendment removed the Right to Property from the list of Fundamental Rights?

Correct Answer: B. The 44th Amendment Act, 1978 removed the Right to Property from the list of Fundamental Rights and made it a legal right under Article 300-A. [UPSC 2021]

Q5. Which Article abolishes 'Untouchability' and forbids its practice in any form?

Correct Answer: C. Article 17 abolishes 'untouchability' and forbids its practice in any form. [UPSC 2020]

Q6. In which landmark case did the Supreme Court introduce 'Due Process of Law' in India?

Correct Answer: B. In the Maneka Gandhi Case (1978), the Supreme Court introduced 'Due Process of Law' and gave a wider interpretation to Article 21.

Q7. The right to privacy was declared a fundamental right under Article 21 in which case?

Correct Answer: B. The Supreme Court in the KS Puttaswamy Case (2017) held that the right to privacy is a fundamental right under Article 21. [UPSC 2018]

Q8. Which Amendment Act introduced 10% reservation for Economically Weaker Sections (EWS) in educational institutions?

Correct Answer: C. The 103rd Amendment Act, 2019 introduced Article 15(6) providing 10% reservation for EWS in educational institutions.

Q9. According to the Indra Sawhney Judgment (1992), the total reserved quota should not exceed:

Correct Answer: C. The Indra Sawhney Judgment (1992) held that the total reserved quota should not exceed 50% except in extraordinary situations.

Q10. Article 21A provides free and compulsory education to children in which age group?

Correct Answer: C. Article 21A (inserted by the 86th CAA, 2002) provides free and compulsory education to all children of the age of 6-14 years.