[Mission 2024] STATIC QUIZ, 29 August 2023 – Polity

Solution: a)

Fundamental Rights and Fundamental duties are correlative and inseparable. Also, the original constitution contained only the fundamental rights and not the fundamental duties.

The fundamental duties of citizens were added in the Constitution later in 1976 on the recommendation of Swaran Singh Committee. In 2002, one more Fundamental Duty was added.

Although both, Fundamental Rights and Fundamental Duties, are inseparable, there are certain differences between them.

Solution: a)

Only statement 3 is correct.

A.K. Gopalan Case (1950): Supreme Court contented that there was no violation of Fundamental Rights enshrined in Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention Act, if the detention was as per the procedure established by law. Here, the SC took a narrow view of Article 21.

Shankari Prasad Case (1951): This case dealt with the amendability of Fundamental Rights (the First Amendment’s validity was challenged). The SC contended that the Parliament’s power to amend under Article 368 also includes the power to amend the Fundamental Rights guaranteed in Part III of the Constitution.

Maneka Gandhi case (1978): A main issue in this case was whether the right to go abroad is a part of the Right to Personal Liberty under Article 21. The SC held that it is included in the Right to Personal Liberty. The SC also ruled that the mere existence of an enabling law was not enough to restrain personal liberty. Such a law must also be “just, fair and reasonable.”

Solution: b)

Statement 2 is incorrect.

The Fundamental Rights lie at the heart of the Constitution, and are justiciable — that is, they are legally enforceable in a court of law.

In its landmark Minerva Mills judgment (1980), the Supreme Court held: “Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles). To give absolute primacy to one over the other is to disturb the harmony of the Constitution.”

Article 31C says that if a law is made to implement any of the Directive Principles, it cannot be challenged on the ground of being violative of the Fundamental Rights under Articles 14 and 19.

Solution: b)

Right to Equality includes the following laws:

• Equality before law
• Equal protection of laws
• Prohibition on discrimination on ground of religion
• Equal access to shops, bathing ghats, hotels etc.
• Equality of opportunity in employment
• Abolition of titles
• Abolition of untouchability

Solution: d)

Public order is one of the three grounds on which the state can restrict freedom of religion. Public order’ is also one of the grounds to restrict free speech and other fundamental rights.

Article 25 of the Constitution guarantees to all persons right to freedom and conscience and the right freely to profess, practise and propagate religion subject to public order, morality and health.

Public order is normally equated with equated with public peace and safety. According to List 2 of the Seventh Schedule of the Constitution, the power to legislate on aspects of public order rests with the states.

In Ram Manohar Lohia vs State of Bihar (1965), the Supreme Court held that in the case of ‘public order’, the community or the public at large have to be affected by a particular action.