Fundamental Rights and types of Writs

The following are the features of Fundamental rights:

  • FRs are not absolute in nature, it can be amended if not violating the basic features of the constitution 
  • Property rights are not a Fundamenta right ( repealed in 44th CAA in 1978), now it is a legal right.
  • FRs are enforceable in nature, in case of FRs violation, individuals or communities can go to court.
  • As per B R Ambedkar, Article 32 is the heart and soul of the Indian constitution.
  • FRs can be suspended during a national emergency except for FRs guaranteed by articles 20 and 21.
  • FRs can also be restricted in the area under martial law.
  • Not all FRs are available for foreigners.

Originally, there were 7 fundamental rights but the right to property under article 31 was removed by 44the CAA. As of now in 2021, the following 6 FRs are listed below:

  1. Right to Equality ( from article 14 to 18)
  2. Right to freedom ( from article 19 to 22)
  3. Right against exploitation  ( from article 23 to 24)
  4. Right to freedom of religion  ( from article 25 to 28)
  5. Cultural and education rights ( from article 29 to 30)
  6. Right to constitutional remedies (article 32)

Right to equality ( article 14 to 18)

  • Article 14: Equality before the law
  • Article 15: Prohibition of discrimination on the ground of:
    • Religion 
    • Race
    • Caste
    • Sex
    • Place of birth
  • Article 16: Equality of opportunities in public employments, the state will not discriminate on the basis of:
    • Religion 
    • Race
    • Caste
    • Sex
    • descent
    • Place of birth
  • Article 17: Abolition of untouchability
  • Article 18: Abolition of title except military and academic
Right to freedom( Article 19 to 22)
  • Article 19: Protection of six freedom rights:
    • Speech and expression
    • Assembly
    • Association
    • Movement
    • Residence
    • Profession
  • Article 20. Protection against the conviction of the offense
  • Article 21: Protection life and personal liberty
  • Article 21 A: Right to elementary education
  • Article 22: Protection against detention and arrest in certain cases
Right Against Exploitation( Article 23 to 24)
  • Article 23: Prohibition of human trafficking 
  • Article 24: Child labor prohibition
Right to freedom of religion ( Article 25 to 28)
  • Article 25: Individual religion freedom. Freedom of conscience, practices, propagation.
  • Article 26: Freedom to manage religion affairs
  • Article 27: Freedom from payment of taxes and religious promotion
  • Article 28. Freedom to religious instruction or worship in certain schools
Cultural and educational rights( Article 29 to 30)
  • Article 29: Protection of language, script, and culture of the minority.
  • Article 30. Minority rights to establishment of the educational institute.
Right to constitutional remedies ( Article 32): 
Under this article, only the Supreme court derives power to issue the writs. Right to go in Supreme court in case of violation of FRs, there are 5 writs for enforcement of Fundamental Rights.
  • Habeas corpus: 
    • The literal meaning of Habeas corpus is " to have the body of".
    • Supreme court and the high court can issue writs against private and public authority.
  • Mandamus:  
    • The literal meaning is " we command",
    •  This writ s issued to the public authority/ corporation/lower court/ tribunal/government to do a certain duty.
    • It can not be issued against the private person, president, or governor.
  • Prohibition: 
    • The literal meaning is "to forbid". It is issued from higher-order court to lower-order court against a specific action.
    • It can be issued only to a judicial and quasi-judicial body.
  • Certiorari: 
    • The literal meaning is" to be certified". This writ is issued by a higher court to a lower court for transferring certain cases.
  • Quo warranto: 
    • The literal meaning is " by what authority or warrant ". It can be issued to only a public person or office.
    • It can not be issued against a private or ministerial office.

The following questions were asked in UPSC and state PCS:

1. The right to privacy is protected as an intrinsic part of the Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately implies the above statement? (UPSC 2018)

(a) Article 14 and the provisions under the 42nd Amendment to the Constitution
(b) Article 17 and the Directive Principles of State Policy in Part IV
(c) Article 21 and the freedoms guaranteed in Part. III
(d) Article 24 and the provisions under the 44th Amendment to the Constitution

Answer. c

2. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (UPSC 2017)

1. Prohibition of traffic in human beings and forced labor

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:

(a) 1, 2, and 4 only

(b) 2, 3 and 4 only

(c) 1 and 4 only

(d) 1, 2, 3 and 4

Answer. c

3. Right to vote and to be elected in India is a (UPSC 2017)

(a) Fundamental Right

(b) Natural Right

(c) Constitutional Right

(d) Legal Right

Answer. c

4. Which of the following are regarded as the main features of the “Rule of Law”? (UPSC 2018)

1.       Limitation of Powers
2.       Equality before the law
3.       People’s responsibility to the Government
4.       Liberty and civil rights
Select the correct answer using the code given below:
(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2, and 4 only
(d) 1, 2, 3 and 4

Answer c.

5. Which one of the following statements is correct? (UPSC 2017)
(a) Rights are claims of the State against the citizens.
(b) Rights are privileges that are incorporated in the Constitution of a State.
(c) Rights are claims of the citizens against the State.
(d) Rights are privileges of a few citizens against the many

Answer c

6. In the Indian Constitution, the Right to Equality is granted by five Articles. They are (UPSC 2002)
(a)Article 16 to Article 20
(b)Article 15 to Article 19
(c)Article 14 to Article 18
(d)Article 13 to Article 17

Answer c.

7. Prohibition of discrimination on groups of religion etc. (Article 15 of the Constitution of India) is a Fundamental Right classifiable under (UPSC 1995)
(a)The Right to freedom of Religion
(b)The Right against Exploitation
(c)The Cultural and Educational Rights
(d)The Right to Equality

Answer. D

8. Which Article of the Constitution of India says, “No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment?” (UPSC 2004)
(a)Article 24
(b)Article 45
(c)Article 330
(d)Article 368

Answer. A

9. Assertion (A) The word minority is not defined in the Constitution of India.
    Reason (R) The Minorities Commission is not a constitutional body.
In the context of the above two statements, which one of the following is correct? (UPSC 1996)
(a) Both A & R are true and R is the correct explanation of A
(b) Both A & R are true and R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true.
Answer b.

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