Question Discussion & Solution

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. 

Important Points

The Fundamental Rights have been classified under six categories including the Right to equality which include the following rights:

1. Right to equality (Articles 14–18)
   1. Equality before the law and equal protection of laws (Article 14).
   2. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
   3. Equality of opportunity in matters of public employment (Article 16).
   4. Abolition of untouchability and prohibition of its practice (Article 17).
   5. Abolition of titles except military and academic (Article 18).

Additional Information

•  Right to Freedom (Articles 19 – 22)​- The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
  • Freedom of speech
  • Freedom of expression
  • Freedom of assembly without arms
  • Freedom of association
  • Freedom to practise any profession 
  • Freedom to reside in any part of the country
• Right against Exploitation (Articles 23 – 24)- This right implies the prohibition of traffic in human beings, beggar, and other forms of forced labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.
• Right to Constitutional Remedies (32 – 35)- The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

The correct answer is Article 20 and 21.

• Article 20 and 21 are the two articles (Fundamental Rights) of the Indian Constitution that are not suspended even during the National Emergency under Article 359.
• Article 20 gives protection in respect of conviction for offences.
• Article 21 gives the right to life, personal liberty, and the right to die with dignity.
• Article 21A gives free education to all children of the age of six to fourteen(6-14) years.
• Article 14 - Equality before the law
• Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 16 - Equality of opportunity in matters of public employment
• Article 17 - Abolition of untouchability
• Article 18 - Abolition of titles
• Article 19 - Protection of certain rights regarding freedom of speech, etc.

The Fundamental Rights from the article 12-35 have been classified under six categories:

• Right to Freedom
• Right to Equality
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational rights
• Right to constitutional remedies.

The correct answer is By indirect elections by the members of the Provincial Legislative Assemblies established in 1935.

• The members of this assembly were elected indirectly, that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation.

Additional Information 

• Important facts about the Constituent Assembly
  • In 1934, M N Roy first proposed the idea of a constituent assembly.
  • The demand was taken up by the Congress Party in 1935 as an official demand.
  • The British accepted this in the August Offer of 1940.
  • Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly.
  • The members of this assembly were elected indirectly, that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation
  • The constituent assembly was formed for the purpose of writing a constitution for independent India
  • Initially, the number of members was 389.
  • After partition, some of the members went to Pakistan and the number came down to 299.
  • Out of this, 229 were from the British provinces and 70 were nominated from the princely states.
  • Dr Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly.
  • Later, Dr Rajendra Prasad was elected as the President and its Vice President was Harendra Coomar Mookerjee.
  • BN Rau was the constitutional advisor.
  • The assembly first met on 9 December 1946.
  • On 13 December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’.
  • The National Flag of the Union was adopted on 22 July 1947.
  • The final document had 22 parts, 395 articles and 8 schedules.
  • The assembly had met for 11 sessions.
  • The last session was held during 14 – 26 November 1949.
  • The constitution was passed and adopted by the assembly on 26 November 1949.
  • On 24 January 1950, ‘Jana Gana Mana’ was adopted as the national anthem.
  • The constitution came into force on 26 January 1950 (which is celebrated as Republic Day).

The Correct Answer is State Election Commission.

Key Points

• A state's chief minister is appointed by the governor. He or she frequently appoints the Advocate General, the Chairman of the State Public Service Commission, and the members of the State Public Service Commission. Aside from that, the Governor appoints the State Election Commissioner (though removed by thea President).
• The State Election Commission has been tasked with holding free, equal, and impartial elections for local government bodies in the state.
• Part-IX and Part-IXA of the Indian Constitution, which cover provisions concerning Panchayats and Municipalities, respectively, were introduced by amendments 73 and 74 to the Indian Constitution.
• The constitutions of Panchayats and Municipalities, as well as their elections by the State Election Commission, are included in these parts.

Additional Information

• The President of India, in accordance with Article 280 of the Indian Constitution, appoints Finance Commissions on a regular basis to determine the financial ties between the central government of India and the various state governments.
• The Union Public Service Commission (UPSC) is India's premier public-sector recruitment agency. It is in charge of all promotions and examinations for All India Services and Group A and Group B positions in the central government's civil service and defence services cadres.
• The Inter-State Council is a permanent legislative body formed by presidential order under Article 263 of the Indian Constitution.

The correct answer is The Supreme Court.

Key Points 

• The Supreme Court of India is called the custodian of the Constitution in India.
• The highest court in India, the Supreme Court is considered as the guardian of the Constitution.
• The conflicts or quarrels of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court.
• It upholds and uplifts the rule of law and also ensures and protects citizens’ rights and liberties as given in the Constitution.
• Therefore, the Supreme Court is also known as the Guardian of the Constitution.​

Additional Information 

• The Indian constitution provides for a provision of the Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary).
• The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review.
• India is a federal state and has a single and unified judicial system with a three-tier structure, i.e. Supreme Court, High Courts, and Subordinate Courts.