HARD
Goa Police SI
IMPORTANT
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Consider the following statements regarding the exceptions to Fundamental Rights:

1. Laws placed in 9th Schedule of the Constitution can violate Fundamental Rights

2. Fundamental Rights of armed forces can be restricted by Parliament by law

3. Laws to give effect to Directive Principles under Articles 39(b) and (c) cannot be declared unconstitutional for violation of any Fundamental Right

Which of the statements given above is/are correct?

50% studentsanswered this correctly

Important Points to Remember in Chapter -1 - Part III Fundamental Rights (Art.12-35) from Cengage Experts Team Indian Polity For UPSC And State Civil Services Examinations Solutions

Fundamental Rights

1. They are basic human rights established in part III of the constitution.

2. It is justiciable. This means that if these rights are violated, remedy can be sought in a court of law.

3. The six fundamental rights guaranteed by the Indian Constitution are:

i. Right to Equality

ii. Right to Freedom

iii. Right against Exploitation

iv. Right to Freedom of Religion

v. Cultural and Educational Rights

vi. Right to Constitutional Remedies

4. These rights are not absolute and are limited by “reasonable restrictions”.

5.  Article 12 defines the state.

6. Article 13 defines the term “law” and declares that any law in violation of any fundamental right will be null and void.

7. Article 14

i. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

ii. Reasonable restrictions:

(a) Protections extended to the President and Governors.

(b) The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings.

(c) Protection from liability extended to the member of the legislature for anything he or she presents in the house.

8. Article 15

i. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

ii. Reasonable restriction:

(a) Provisions can be made for children, women and citizens from any socially or educationally backward class.

9. Article 16

i. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

ii. Reasonable restriction:

(a) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, SC/ST etc, which, in the opinion of the State, is not adequately represented in the services under the State.

10. Article 17

“Untouchability” is abolished and its practice in  any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law

11. Article 18

i. No title, not being a military or academic distinction, shall be conferred by the State.

ii. No citizen of India shall accept any title from any foreign State.

iii. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

iv. No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

12. Article 19

i. All citizens shall have the right—

(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; 
(g) to practise any profession, or to carry on any occupation, trade or business.

ii. Reasonable restrictions:

(a) The sovereignty and integrity of India 
(b) The security of the State 
(c) Friendly relations with foreign States
(d) Public order, decency or morality
(e) Contempt of court, defamation
(f) Incitement to an offence
(g) Protection of tribals
(h) The law does not prevent the State from making laws related to technical or professional qualifications required for practicing the occupation or trade.
(i) The Parliament can pass a law restricting the right to form political association to members of the armed forces, intelligence bureaus, persons employed with telecommunication system.

13. Article 20

i. No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
ii. No person shall be prosecuted and punished for the same offence more than once.
iii. No person accused of any offence shall be compelled to be a witness against himself.

14. Article 21

i. No person shall be deprived of his life or personal liberty except according to procedure established by law.

15. Article 22

i. Right to be informed of the grounds of arrest.
ii. Right to consult and be defended by a legal practitioner.
iii. Right to be produced before a magistrate within 24 hours, excluding the journey time.
iv. Right to be released after 24 hours unless the magistrate authorises further detention.
v. Right with respect to preventive detention
(a) The detention of a person cannot exceed three months unless an advisory board (judges of high court) reports sufficient cause for extended detention.
(b) The grounds of detention should be communicated to the detenu.
(c) The detenu should be afforded an opportunity to make a representation against the detention order.

16. Article 23

i. Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

ii. Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

17. Article 24

i. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

18. Article 25

i. All persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

ii. Reasonable restriction:

(a) Public order
(b) Morality 
(c) Health

19. Article 26

i. Every religious denomination or any section thereof shall have the right—

(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property 
(d) to administer such property in accordance with law.

ii. Reasonable restriction:

(a) Public order
(b) Morality 
(c) Health

20. Article 27

i. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance  of any particular religion or religious denomination.

21. Article 28

i. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

22. Article 29

i. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
ii. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

23. Article 30

i. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

24. Article 31 dealing with the right to property was repealed and made into a legal right.

25. Article 32

i. The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

26. The state can decide to extent these rights are applicable to the defence forces.

27. Article 34

i. Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

28. Article 35 contains provisions regarding certain laws that were in effect before the enactment of the constitution.