Fundamental Rights (Art 12-35) — Set 20

Correct Answer: B. Justice K.S. Puttaswamy v. Union of India (2017)

A nine-judge bench of the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) unanimously held that the right to privacy is a fundamental right protected under Article 21 of the Constitution. The Court held that privacy is intrinsic to human dignity and the right to life. This judgment overruled earlier decisions in M.P. Sharma and Kharak Singh cases which had held that the Constitution did not protect privacy. The right to privacy is not absolute and is subject to reasonable restrictions.

Correct Answer: B. Parliament alone

Article 35 vests the power exclusively in Parliament to make laws prescribing punishment for acts declared to be offences under Fundamental Rights provisions (such as Articles 17 and 23). State Legislatures cannot make such penal laws even though they may have power to legislate on subjects related to these rights. This ensures uniformity in punishment throughout India for violations of Fundamental Rights. Parliament has enacted laws like the Protection of Civil Rights Act, 1955 and the Bonded Labour System (Abolition) Act, 1976 under this provision.

Correct Answer: B. Adequate representation of backward classes in State services

Article 16(4) is an enabling provision that allows the State to make special provisions for reservation in appointments or posts in favour of any backward class of citizens that is not adequately represented in the services under the State. This is based on the principle of substantive equality — formal equality alone is not sufficient when certain groups are historically disadvantaged. The Mandal Commission recommendations were implemented under this provision. The Supreme Court in Indra Sawhney case (1992) upheld OBC reservation but capped total reservation at 50 percent.

Correct Answer: B. Bodies like ONGC, LIC, SAIL, or any body that is an instrumentality or agency of the State

The Supreme Court in Ramana Dayaram Shetty v. International Airport Authority (1979) and later in Ajay Hasia v. Khalid Mujib (1981) evolved the 'instrumentality or agency' test to determine whether a body qualifies as 'other authority' under Article 12. Bodies like ONGC, LIC, SAIL, Food Corporation of India, etc., which are substantially financed, controlled, and supervised by the government, are considered 'other authorities'. Even private companies performing public functions may qualify. This broad interpretation ensures that such bodies are also bound by Fundamental Rights.

Correct Answer: C. Article 35

Article 35 specifically empowers Parliament to make laws to give effect to provisions of Part III (Fundamental Rights) and to prescribe punishment for offences under those provisions. Parliament also draws power from Article 253 to enact laws implementing treaties, agreements, and conventions with foreign countries. The Vishaka Guidelines on sexual harassment at workplace were issued by the Supreme Court invoking CEDAW (an international convention) under Article 32 read with Article 141. Article 51A includes observing international treaties among Fundamental Duties.

Correct Answer: B. Move freely throughout the territory of India

Article 19(1)(d) guarantees to every citizen the right to move freely throughout the territory of India. This right ensures that no citizen can be prevented from moving from one part of India to another. However, reasonable restrictions can be imposed under Article 19(5) on grounds of interests of the general public or protection of interests of any Scheduled Tribe. The Inner Line Permit system in some northeastern states is an example of such a restriction upheld by courts.

Correct Answer: B. 44th Amendment 1978

The 44th Constitutional Amendment Act, 1978 deleted Article 19(1)(f) (right to acquire, hold, and dispose of property) and Article 31 (right against deprivation of property) from the Fundamental Rights chapter. The right to property was made a legal right under Article 300A, which says that no person shall be deprived of his property save by authority of law. This was done to facilitate land reforms and socialist policies. Being a legal right, it can now be abridged by ordinary legislation without meeting the higher constitutional standard.

Correct Answer: B. No ex-post-facto laws, no double jeopardy, no self-incrimination

Article 20 provides three important protections: (1) No ex-post-facto law — a person cannot be convicted for an act that was not an offence at the time of commission; (2) No double jeopardy — a person cannot be prosecuted and punished for the same offence more than once; (3) No self-incrimination — a person accused of an offence cannot be compelled to be a witness against himself. These protections apply to criminal proceedings and are essential safeguards in the criminal justice system. They are available to both citizens and non-citizens.

Correct Answer: B. Laws giving effect to Directive Principles under Articles 39(b) and 39(c) shall not be struck down on grounds of violation of Articles 14 and 19

Article 31C was inserted by the 25th Constitutional Amendment, 1971, and provides that laws made to give effect to Directive Principles under Articles 39(b) (material resources of the community for common good) and 39(c) (preventing concentration of wealth) shall not be void on the ground that they take away or abridge rights under Articles 14 or 19. The Supreme Court in Keshavananda Bharati case upheld Article 31C but struck down the clause that made such laws immune from judicial review. The Minerva Mills case further limited the scope of Article 31C.

Correct Answer: B. 6 to 14 years

Article 21A, inserted by the 86th Constitutional Amendment 2002, provides that the State shall provide free and compulsory education to all children of 6 to 14 years of age. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 was enacted to implement this constitutional mandate. Children below 6 years are covered by Article 45 (amended to read 'early childhood care and education'). Children below 6 are also protected under the Anganwadi and ICDS schemes but not under the RTE Act.