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. 
• There are six fundamental rights of the Indian Constitution along with the constitutional articles related to them are mentioned below:
  • Right to Equality (Article 14-18)
  • Right to Freedom (Article 19-22)
  • Right against Exploitation (Article 23-24)
  • Right to Freedom of Religion (Article 25-28)
  • Cultural and Educational Rights (Article 29-30)
  • Right to Constitutional Remedies (Article 32)

Important Points

Why Right to Property is not a Fundamental Right?

• There was one more fundamental right in the Constitution, i.e., the right to property. 
• However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment. 
• This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people. 

Note: The right to property is now a legal right and not a fundamental right. 

The correct answer is option 2, i.e. Education.

86^th Constitutional Amendment Act inserted Education in Fundamental rights of the constitution.

• It made the elementary education a fundamental right and added a new article 21A.
• It declares that the state shall provide compulsory education to all children of the age 6 to 14 years.
• It changed the subject of Article 45 in directive principles that state shall provide early childhood care and education for all children until they reach the age of 6 years.
• It also added a new fundamental duty in Article 51A that it is the duty of every citizen to provide opportunities for education to their children between the age of 6 to 14 years.
• This was amended in the year 2002.
• Right to property was deleted from the fundamental right by the 44^th Constitutional Amendment Act in 1978. Now it is a legal right under Article 300A.
• Right to equality is a fundamental right under article 14 to 18 of the constitution.
• Right to freedom is given from article 19 to 22 in the constitution.

The correct answer is Not less than 45.

• Establishment of Lokpal
  • The Lokpal shall consist of
    (a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfills the eligibility specified in clause (b) of sub-section (3); and
    (b) such number of Members, not exceeding eight out of whom fifty percent. shall be Judicial Members: Provided that not less than fifty percent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.
  • A person shall be eligible to be appointed —
    (a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;
    (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
  • The Chairperson or a Member shall not be
    (i) a member of Parliament or a member of the Legislature of any State or Union territory;
    (ii) a person convicted of any offence involving moral turptitude;
    (iii) a person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be;
    (iv) a member of any Panchayat or Municipality;
    (v) a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if—
    (a) he holds any office of trust or profit, resign from such office; or
    (b) he is carrying on any business, sever his connection with the conduct and management of such
    business; or
    (c) he is practising any profession, cease to practise such profession.

The correct answer is 2 only.

Key Points

• The first statement is not correct because it talks about the chairman as well as the deputy chairman.
  • The Vice-President of India is ex-officio Chairman of Rajya Sabha.
  • Rajya Sabha also chooses from amongst its members, a Deputy Chairman.​
  • ​Hence statement 1 is not correct.
• President: Elected members of parliament (MPs from Lok Sabha as well as Rajya Sabha).
  • Elected members of State legislative members, including that of NCT of Delhi and Pondicherry.
• Vice President: Vice President is elected indirectly, by an electoral college consisting of members of both houses of the Parliament.
  • Hence statement 2 is correct.

​​​Additional Information

• Special Powers of Rajya Sabha
  • The Upper House also has some special powers, such as:
    • Power to transfer a subject from the State List to Union List for a specified period (Article 249).
    • To create additional All-India Services (Article 312).
    • To endorse Emergency under Article 352 for a limited period when the Lok Sabha remains dissolved.

The correct answer is 172.

• Article 172 of the Indian Constitution relates to the tenure of the state legislature.

Key Points

• State Legislature:
  • Articles 168 to 212 in Part VI of the Constitution deals with the organization, composition, duration, officers, procedures, privileges, powers of the state legislature.
  • States having bicameral legislatures are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. 
    • {Trick to Remember- KUMBAT- Karnatak, Uttar Pradesh, Bihar, Maharashtra, Andhra Pradesh, Telangana}
  • The legislature's maximum strength is fixed at 500 and minimum strength at 60.
  • Article 172 deals with the Duration of State Legislatures.

Additional Information