Fundamental Rights (Art 12-35) — Set 19

Correct Answer: B. No person shall be prosecuted and punished for the same offence more than once

Article 20(2) embodies the principle of 'nemo debet bis vexari' which means no person shall be prosecuted and punished for the same offence more than once. This protection is available only after a final verdict (conviction or acquittal) and not during a continuing investigation. The right protects against double prosecution and double punishment. It is applicable both in criminal and quasi-criminal proceedings.

Correct Answer: B. Traffic in human beings, begar, and other forms of forced labour

Article 23 prohibits traffic in human beings (including selling or buying of human beings for immoral purposes), begar (forced labour without payment), and other similar forms of forced labour. Violation of this article is a punishable offence. The State is empowered to impose compulsory service for public purposes under Article 23, such as in emergencies, provided it does not discriminate on grounds of religion, race, caste, or class. The Bonded Labour System (Abolition) Act, 1976 was enacted under this article.

Correct Answer: C. 14 years

Article 24 prohibits employment of children below the age of 14 years in any factory, mine, or any other hazardous occupation. This is a Fundamental Right that protects children from economic exploitation. The Child Labour (Prohibition and Regulation) Act was enacted to give effect to this provision. Article 24 combined with Article 21A creates a comprehensive framework for children's welfare. The Child and Adolescent Labour (Prohibition and Regulation) Act, 2016 further strengthened child labour laws.

Correct Answer: B. Article 25

Article 25 guarantees to all persons the freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality, and health. This right is available to all persons including non-citizens. The State can regulate economic, financial, political, and secular activities associated with religious practice. The State can also provide for social welfare and reform such as throwing open Hindu temples to all Hindus under Article 25(2).

Correct Answer: B. Manage religious affairs and establish institutions for religious and charitable purposes

Article 26 grants every religious denomination or any section thereof the right to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, and own, acquire, and administer movable and immovable property in accordance with law. These rights are subject to public order, morality, and health. The State cannot interfere in the internal religious affairs of a denomination. However, secular activities of religious institutions can be regulated.

Correct Answer: B. Cultural and Educational Rights of minorities

Articles 29 and 30 deal with the Cultural and Educational Rights of minorities. Article 29 protects the interest of minorities by providing that any section of citizens having a distinct language, script, or culture shall have the right to conserve the same. Article 30 grants all minorities (religious or linguistic) the right to establish and administer educational institutions of their choice. These rights protect the cultural identity of minorities in India's diverse society.

Correct Answer: B. Keshavananda Bharati case 1973 — it protects fundamental features of the Constitution from being amended

The Basic Structure Doctrine was established in the Keshavananda Bharati v. State of Kerala case (1973) by a 13-judge bench. It holds that Parliament can amend any part of the Constitution but cannot destroy its 'basic structure' or 'essential features'. The basic structure includes elements like supremacy of the Constitution, democratic republican form of government, secularism, federalism, separation of powers, and judicial review. Any amendment that destroys these features will be struck down. This doctrine serves as a limitation on Parliament's amending power under Article 368.

Correct Answer: B. Between the State and individuals — the State cannot violate Fundamental Rights of citizens

Vertical application of Fundamental Rights means these rights apply between the State (government) and citizens — the State is prohibited from violating the Fundamental Rights of individuals. This is the traditional and primary application of Fundamental Rights in constitutional law. Most Fundamental Rights in Part III are primarily vertically applicable, restraining State action. The rationale is that the State has immense power and resources compared to an individual, so constitutional protection is needed against State overreach.

Correct Answer: B. It expanded Article 21 to require that the procedure established by law must also be fair, just, and reasonable

In the landmark Maneka Gandhi case (1978), the Supreme Court overruled the narrow interpretation of Article 21 given in A.K. Gopalan v. State of Madras (1950). The Court held that the 'procedure established by law' under Article 21 must not only exist as a procedure but must also be fair, just, and reasonable. This judgment linked Articles 14, 19, and 21 together, creating a golden triangle of Fundamental Rights. It dramatically expanded the scope of Article 21 to include numerous rights derived from the right to life and personal liberty.

Correct Answer: B. It is itself a Fundamental Right that provides the right to move the Supreme Court for enforcement of all other Fundamental Rights, making them meaningful

Dr. B.R. Ambedkar called Article 32 the 'heart and soul of the Constitution' because it gives every citizen the right to move the Supreme Court directly for the enforcement of their Fundamental Rights. Without this remedy, all other Fundamental Rights would be meaningless paper guarantees. Article 32 itself is a Fundamental Right and cannot be suspended during an ordinary emergency (though the President may suspend it under Article 359 during a National Emergency). The Supreme Court has held that the right to move it cannot be abrogated even by a constitutional amendment.