Prelims Revision Series | Polity | Fundamental Rights(Part 2) | 27

Answer: (b)

Racial discrimination is any discrimination against any individual on the basis of their skin color, or racial or ethnic origin. It is explicitly mentioned and prohibited under Article 15 and 16 of the Indian Constitution.

Answer: (d)

Article 19(a) guarantees the Right to Freedom of Speech and Expression to all citizens of India. But this right is subjected to reasonable restrictions that may be imposed by law relating to

• Defamation
• Contempt of court
• Decency/Morality
• Security of the state
• Friendly relationship with foreign state
• Incitement to an Offence
• Public Order (to maintain public peace and safety)
• Matters on the grounds of sovereignty and integrity of India

Answer: (a)

• The subject matter ‘untouchability’ does not fall in any of the lists in the seventh schedule.
• According to Article 35, Parliament shall have, and the Legislature of a State shall not have, the power to make laws for prescribing punishment for those acts which are declared to be offences mentioned in the Fundamental Rights.

Answer: (d)

• In the Maneka Gandhi case (1978), the Supreme Court overruled its judgment in the Gopalan case by taking a wider interpretation of Article 21. Therefore, it ruled that the right to life and personal liberty of a person can be deprived by law provided the procedure prescribed by that law is reasonable, fair, and just. In other words, it has introduced the American expression ‘due process of law’. In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.
• In the seminal Justice K.S. Puttaswamy (Retd) vs Union of India case, the Supreme Court of India ordered, that the right to privacy is an intrinsic part of the right to life and personal freedom guaranteed by the Indian Constitution under Article 21.

Answer: (c)

Mandamus is issued by the court against any inferior court, public official, public body, corporation, tribunal, or the government and it directs the persons or body who are bound to do a public duty

Answer: (d)

• Mandamus directs an authority to exercise its statutory functions and it cannot be issued to directly or indirectly restrain an authority from performing or exercising its statutory functions. So, Statement 1 is not correct.
• Mandamus cannot be issued against the president or governor of the state, against the Chief Justice
• of India, or the Chief Justice of a high court acting in a judicial capacity. It cannot be issued against a private individual or body. So, Statement 2 is not correct.

Answer: (c)

Article 15, Article 16, Article 19, Article 29, and Article 30 are applicable only to Indian Citizens.

Answer: (c)

The Madras High Court in Anandhi Simon vs The State of Tamil Nadu held that Right to decent Burial is a fundamental right guaranteed under Article 21 of the constitution and also it warned the local residents against raising objections to the disposal of the bodies of those who had died due to COVID- 19.

Answer: (a)

• The Right to Education Act 2009 prohibits all kinds of physical punishment and mental harassment, discrimination based on gender, caste, class, and religion, screening procedures for admission of children capitation fee, private tuition centres, and functioning of unrecognized schools. So, Statement 1 is correct.
• Sections 1(4) and 1(5) of the RTE Act say that the Act will not apply to minority and religious educational institutions. So, Statement 2 is not correct

Answer: (a)

• Supreme Court of India states that the writ of habeas corpus is not suspended even during the martial rule in any area under Article 34 of Indian Constitution.

ANSWER: C

The Fundamental Rights are meant for promoting the ideal of political democracy. Right for protection of language, script and culture of minorities is available to citizens of India only.

Answer: (b)

Answer: (b)

Answer: (d)

Answer: (b)