Fundamental Rights
PART-A Unit-IV: Indian Polity
Previous Year Questions (PYQ) for this topic
Every TNPSC question asked from this topic, compiled as a PDF. · PDF 13.5 MB
Fundamental Rights - PYQ Points
Basic Details:
• Part: III (Part III) | Articles: 12 to 35
• Name: Magna Carta of India.
• Inspiration: Bill of Rights of the American Constitution.
• Nature: Justiciable (Enforceable through courts).
• Part: III (Part III) | Articles: 12 to 35
• Name: Magna Carta of India.
• Inspiration: Bill of Rights of the American Constitution.
• Nature: Justiciable (Enforceable through courts).
1. Important Articles (Articles Breakdown)
| Article | Description |
|---|---|
| Article 14 | Equality before law and equal protection of laws. |
| Article 15 | Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. |
| Article 16 | Equality of opportunity in public employment. |
| Article 17 | Abolition of Untouchability. |
| Article 18 | Abolition of titles. |
| Article 19 | Guarantees 6 freedoms (including freedom of speech). Right to Information (RTI) comes under this Article. |
| Article 20 | Protection in respect of conviction for offences. |
| Article 21 | Protection of life and personal liberty. |
| Article 21-A | Right to free and compulsory education (6-14 years). Added by the 86th Amendment. |
| Article 23 | Prohibits human trafficking and forced labour (bonded labour). |
| Article 24 | Prohibits child labour (below 14 years) in factories and mines. |
| Articles 25-28 | Freedom of religion (also applicable to foreigners). Article 28: No religious instruction in government educational institutions. |
| Articles 29-30 | Cultural and educational rights of minorities. |
| Article 32 | Right to constitutional remedies (Heart and Soul - Dr. Ambedkar). |
2. Writs
- Habeas Corpus: To produce a person unlawfully detained before the court.
- Mandamus: "We command" - Orders a public authority to perform its duty.
- Prohibition: Prevents lower courts from exceeding their jurisdiction.
- Certiorari: Transfers records of a case from a lower court to a higher court for review.
- Quo-Warranto: Questions the authority under which a person holds a public office.
3. Right to Property
In 1978, through the 44th Constitutional Amendment, the Right to Property was removed from Fundamental Rights and made a legal right under Article 300A.
4. Fundamental Rights During Emergency
- During a National Emergency, Fundamental Rights can be suspended by the order of the President.
- Article 19 is automatically suspended during an Emergency.
- However, Articles 20 and 21 cannot be suspended under any circumstances.
5. Important Supreme Court Cases
| Case | Significance of Judgment |
|---|---|
| Kesavananda Bharati vs State of Kerala | The Basic Structure of the Constitution cannot be altered. |
| State of Madras vs Champakam Dorairajan | Directive Principles cannot override Fundamental Rights. |
| Vishaka vs State of Rajasthan | Prevention of sexual harassment against women. |
| Minerva Mills vs Union of India | Protection of the basic features of the Constitution. |
6. Other Important Information
- Article 12: The term "State" includes Parliament, State Legislatures, and all local authorities.
- Kaka Kalelkar Commission (1953): First Backward Classes Commission.
- Judicial Review: The guardian of Fundamental Rights is the Supreme Court.
- Citizens' Rights: Some rights are available only to Indian citizens. A citizen cannot waive his/her Fundamental Rights.
- Labour Laws: Beedi Workers Act (1966), Contract Labour Act (1970), Equal Remuneration Act (1976), Inter-State Migrant Workmen Act (1979).
Practice
Practice quiz for this topic
94 questions · instant answer with an explanation
Fundamental Rights