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 option 2.

Key Points

• Rajya Sabha is authorized to do the following
  • It can authorize the parliament to make a law on a subject enumerated in the state list (Art.249).
  • It can authorize the parliament to create a new India service common to both the Centre and the State (Art.312).

The Correct answer is ​42nd Amendment.

 Key Points

• The 42nd Amendment of the Indian Constitution is the most comprehensive amendment to the Constitution and carried out major changes.
• It is also known as “mini-constitution”.
•  Amendments:
  • Added three new words (i.e., socialist, secular, and integrity) in the Preamble.
  • Added Fundamental Duties by the citizens (new Part IV A).
  • Made the president bound by the advice of the cabinet.
  • Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
  • Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001 - Population Controlling Measure
  • Made the constitutional amendments beyond judicial scrutiny.
  • Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
  • Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
  • Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.
  • Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife.
  • Provided for the creation of the All-India Judicial Service.
  • Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry (i.e., on the penalty proposed).

 Important Points

• The 24th Amendment had re-established Parliament's authority to amend the Fundamental Rights in the Constitution.
• The 25th Amendment was intended to strip the Supreme Court of the power to go into the quantum of compensation for the takeover of property for public use.
• 44th Amendment Act nullified this unjustified power to the government.
• Right to Property was removed from the list of fundamental rights (Article 31) and was made a legal right under Article 300A.
• 73rd and 74th Constitutional Amendments were passed by Parliament in December 1992.
• Through these amendments, local self-governance was introduced in rural and urban India.

The correct answer is 214. 

• According to Article 214 of the Constitution, a High Court has been established in every state.
• The Chief Justice of the state is appointed by the President in consultation with the Chief Justice of India and the Governor of the state.
  • Each judge of the High Court can hold office until the age of 62 years.
  • The High Court judges submit their resignations to the Governor.
  • The High Court judge can only be removed on the charge of incompetence.
  • Removal is the same as the impeachment of the President.

Key Points

• The Rajasthan High Court in Rajasthan was established in 1949 in Jodhpur.
• A block bench of it was established in Jaipur.
• Currently, 50 judges have been appointed in the Rajasthan High Court.
• The first judge of the Rajasthan High Court was Mr. Kamalkant Verma.
• In Rajasthan, it has a district court for civil cases and a sessions court for criminal cases.

Additional Information

• Article 231 - It states that there can be one high court for two or more states or for union territories.
• Article 217 - Qualifications of Judge of High court.
• Article 220 - After retirement, a judge of a High Court, except the Supreme Court or any other court, cannot advocate it in the court or in the subordinate courts and can not take any post of profit under the government.

The correct answer is  Suryakant.

Key Points

• Suryakant is the Chief Justice of the High Court of Himachal Pradesh from 5 October 2018 to 24 May 2019.
• Suryakant is also a former Judge of Punjab and Haryana High Court.
• He is also a judge of the Supreme court.
• Justice Surya Kant took oath as a judge of the Supreme Court of India on 24 May 2019.

Important Points

• Justice V. Ramasubramanian was the Chief Justice of Himachal Pradesh from 22 June 2019 to 22 September 2019.
• From 6 October 2019, Lingappa Narayana Swamy is the chief justice of Himachal Pradesh.
• Himachal Pradesh high court was established in 1971.