Rights, Duties and Principles

Article 19(1)(b) provides for fundamental right to assemble peacefully and without arms.
Further, Article 19(3) of the Constitution provides for power of the State to provide for any law imposing reasonable restrictions on the exercise of the right to assemble peaceably and without arms in the interests of the sovereignty and integrity of India or public order.
# Supreme Court has recently stated that that public places cannot be occupied indefinitely for protests.

The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’, and it is the duty of the State to apply these principles in making laws.
Option 1 is correct. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. [Article 45]
Option 2 is correct. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. [Article 47]
Option 3 is correct. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. [Article 44]

Article 19(2) provides for power of state to put reasonable restrictions on ‘freedom of speech and expression’ in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Article 15 of the Constitution provides for prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 15(3): Nothing in this article shall prevent the State from making any special provision for women and children.
Article 15(4): Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Article 15(6) (a): Nothing in this article shall prevent state from making any special provision for the advancement of any economically weaker sections of citizens.

Statement 1 is correct. Article 39(a) states that the State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood.
Statement 2 is correct. Article 39A states that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Both statements are incorrect.
As per article 226(1) of the Constitution every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

Statement 1 is correct. Under the Constitution of India, Labour is a subject in the Concurrent List where both the Central & State Governments are competent to enact legislation subject to certain matters being reserved for the Centre. Trade Unions; industrial and labour disputes are listed as Entry 22 in Concurrent List.
Statement 2 is correct. All citizens have the fundamental right to form associations or unions or co-operative societies. [Article 19(c)]

Option 1 is correct. Article 25(1) states that subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
Option 2 is incorrect. In the case of Stanislaus vs State of Madhya Pradesh (1977), the court made a clear distinction between the right to propagate one’s religion or faith and the right to convert. Court ruled that former is guaranteed by Article 25 of Constitution. Conversion enjoys no such protection.
Option 3 is correct. Article 26 states that subject to public order, morality and health, every religious denomination or any section thereof shall have the right—
–to establish and maintain institutions for religious and charitable purposes;
–to manage its own affairs in matters of religion;
–to own and acquire movable and immovable property; and
–to administer such property in accordance with law.

Article 19(1)(b) provides for fundamental right to assemble peacefully and without arms.

Further, Article 19(3) of the Constitution provides for power of the State to provide for any law imposing reasonable restrictions on the exercise of the right to assemble peaceably and without arms in the interests of the sovereignty and integrity of India or public order.

# Supreme Court has recently stated that that public places cannot be occupied indefinitely for protests.

The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’, and it is the duty of the State to apply these principles in making laws.

Option 1 is correct. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. [Article 45]

Option 2 is correct. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. [Article 47]

Option 3 is correct. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. [Article 44]

Article 19(2) provides for power of state to put reasonable restrictions on ‘freedom of speech and expression’ in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Article 15 of the Constitution provides for prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 15(3): Nothing in this article shall prevent the State from making any special provision for women and children.

Article 15(4): Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 15(6) (a): Nothing in this article shall prevent state from making any special provision for the advancement of any economically weaker sections of citizens.

Statement 1 is correct. Article 39(a) states that the State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood.

Statement 2 is correct. Article 39A states that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Both statements are incorrect.

As per article 226(1) of the Constitution every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

Statement 1 is correct. Under the Constitution of India, Labour is a subject in the Concurrent List where both the Central & State Governments are competent to enact legislation subject to certain matters being reserved for the Centre. Trade Unions; industrial and labour disputes are listed as Entry 22 in Concurrent List.

Statement 2 is correct. All citizens have the fundamental right to form associations or unions or co-operative societies. [Article 19(c)]

Option 1 is correct. Article 25(1) states that subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

Option 2 is incorrect. In the case of Stanislaus vs State of Madhya Pradesh (1977), the court made a clear distinction between the right to propagate one’s religion or faith and the right to convert. Court ruled that former is guaranteed by Article 25 of Constitution. Conversion enjoys no such protection.

Option 3 is correct. Article 26 states that subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

–to establish and maintain institutions for religious and charitable purposes;

–to manage its own affairs in matters of religion;

–to own and acquire movable and immovable property; and

–to administer such property in accordance with law.

Statement 1 is incorrect. Under Article 22 (2) every arrested person must be produced before a magistrate within 24 hours after arrest. However, Article 22 (3) provides exception in case of preventive detention detainees and enemy aliens from the said clause.

Statement 2 is incorrect. As per the article 22(4), no law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless:

-an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention;

-or such person is detained in accordance with the provisions of any law made by Parliament.

All of the above are provided for in the Constitution of India.

Article 15 provides for prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Further article the clause 15(3) sates that nothing in this article shall prevent the State from making any special provision for women and children.

Clause 15(4) states that nothing in this article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Clause 15(6)(a) states that nothing in this article shall prevent the State from making any special provision for the advancement of any economically weaker sections of citizens.

Both statements are correct.

Article 25, providing for the freedom of conscience and free profession, practice and propagation of religion, under clause 25(1) states that ‘subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion’.

Similar exception is provided under article 26 regarding freedom to manage religious affairs.

Sub-clause 25(2)(a) provide for power of the state for making any law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.

Statement 1 is correct. Article 25(2) provides for State’s power with regard to Right to Freedom of Religion. It empowers State to make any law—

-regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

– providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

The reference to Hindus is construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion.

Statement 2 is correct. Article 26 of the Constitution provides that ‘subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

-to establish and maintain institutions for religious and charitable purposes;

-to manage its own affairs in matters of religion;

-to own and acquire movable and immovable property; and

-to administer such property in accordance with law

Both statements are incorrect. The definitions of vertical and horizontal reservations have been interchanged in the above statements.

In Indra Sawhney v. Union of India 1992 case, the principle of reservations in India was explained.

There are two types of reservations, which are often referred to as vertical reservations and horizontal reservations. The reservations in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes [under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped [under Article 16(1)] and women [under Article 15(3)] can be referred to as horizontal reservations.

Horizontal reservations cut across the vertical reservations, what is called interlocking reservations.

# Suppose 3% of the vacancies are reserved in favour of physically handicapped persons; the persons selected against this quota will be placed in the appropriate category; if she belongs to SC category he will be placed in that quota by making necessary adjustments; similarly, if she belongs to open competition (OC) category, she will be placed in that category by making necessary adjustments.

# Even after providing for these horizontal reservations, the percentage of reservations in favour of Backward Class of citizens remains and should remain the same.

The rights and duties of the citizens are correlative and inseparable; the original constitution contained only the fundamental rights and not the fundamental duties

• In other words, the framers of the Constitution did not feel it necessary to incorporate the fundamental duties of the citizens in the Constitution.

 However, they incorporated the duties of the State in the Constitution in the form of Directive Principles of State Polity.

 42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution.

 Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77.

 86th Amendment Act 2002 later added 11th Fundamental Duty to the list.

The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.

 In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.

 What is called Directive Principles is merely another name for the instrument of instructions.

 The only difference is that they are instructions to the legislature and the executive’.

The relevant Articles of the Constitution which govern the entire reservation set up are the following:

 Article 16(4): 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 which, in the opinion of the State, is not adequately represented in the services under the State.

 Article 46: The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

 Article 335: The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

The Constitution does not contain any classification of Directive Principles. However, on the basis of their content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian and liberal–intellectual.

Socialistic principles reflect the ideology of socialism. They lay down the framework of a democratic socialist state, aim at providing social and economic justice, and set the path towards welfare state. They direct the state:

1. To promote the welfare of the people by securing a social order permeated by justice—social, economic and political—and to minimize inequalities in income, status, facilities and opportunities (Article 38).
2. To secure

 The right to adequate means of livelihood for all citizens;

 The equitable distribution of material resources of the community for the common good;

 Prevention of concentration of wealth and means of production;

 Equal pay for equal work for men and women;

 Preservation of the health and strength of workers and children against forcible abuse; and

 Opportunities for healthy development of children (Article 39).

1. To promote equal justice and to provide free legal aid to the poor (Article 39 A).
2. To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41).
3. To make provision for just and humane conditions of work and maternity relief (Article 42).
4. To secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Article 43).
5. To take steps to secure the participation of workers in the management of industries (Article 43 A).
6. To raise the level of nutrition and the standard of living of people and to improve public health (Article 47).

NOTE: Article 48 – The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle – represent both Gandhian and liberal–intellectual principles.

The opposition party in December, 2019 claimed that the Citizenship (Amendment) Act not only “violates” provisions of the Constitution but also falls afoul of an international convention to which India is a signatory.
• India was a signatory to the international convention on torture that talks about “providing shelter to people who face torture in another country”.
• “India is bound by the principle of jus cogens that ensures human rights to those who are tortured and persecuted”.

The country’s law on our right to information was enacted in 2005.
•However, since 1975, in multiple judgments, the Supreme Court has recognized the
right to information as a fundamental right of citizens under Article 19(1)(a) of the
Constitution on our freedom of speech and expression.
•This has been read together with Articles 14, 19 and 21 to guarantee our right to
equality, right to freedom of speech and expression, and our right to life and liberty,
respectively.
•It was those judgments, together with the RTI movements by citizens, which
culminated in the RTI Act of 2005.
•This was an Act of Parliament that set forth a practical regime and framework to
grant citizens this right and replaced the erstwhile Freedom of Information Act, 2002.

The Constitution lays down certain Directive Principles of State Policy, which
though not justiciable, are ‘fundamental in governance of the country’, and it is the duty of
the State to apply these principles in making laws.
Option 1 is correct. The State shall endeavour to provide early childhood care and
education for all children until they complete the age of six years. [Article 45]
Option 2 is correct. The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs which are
injurious to health. [Article 47]
Option 3 is correct. The State shall endeavour to secure for the citizens a uniform civil
code throughout the territory of India. [Article 44]

Article 19(1) (b) provides for fundamental right to assemble peacefully and
without arms.
Further, Article 19(3) of the Constitution provides for power of the State to provide for any
law imposing reasonable restrictions on the exercise of the right to assemble peaceably and
without arms in the interests of the sovereignty and integrity of India or public order.
# Supreme Court has recently stated that that public places cannot be occupied indefinitely
for protests.

Statement 1 is correct. Constitution provides fundamental right against the forced self-incrimination by the accused under article 20(3) which states that no person accused of any offence shall be compelled to be a witness against himself.

Statement 2 is incorrect. India signed the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment in 1997 but has not ratified it so far.

21st Law Commission under Justice B.S. Chauhan (retd.) recommended on implementation of convention by legislation. It proposed amendments to the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. In addition, the Commission submitted a draft Prevention of Torture Bill, 2017 which defines acts that should constitute torture and prescribed punishments for such acts.

Article 19(2) provides for power of state to put reasonable restrictions on
‘freedom of speech and expression’ in the interests of the sovereignty and integrity of India,
the security of the State, friendly relations with foreign States, public order, decency or
morality, or in relation to contempt of court, defamation or incitement to an offence.

Article 19(2) provides for State’s power to make law imposes reasonable
restrictions on the exercise of the right to freedom of speech and expression in the
interests of the sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality, or in relation to contempt
of court, defamation or incitement to an offence.
The ‘protection of the interests of any Scheduled Tribe’ is provided under the
Constitution as basis of reasonable restriction on freedom to move freely throughout the
territory of India and to reside and settle in any part of the territory of India.

Statement 1 is correct. Article 25(1) provides that subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
Statement 2 is correct. Article 25(2) states that nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
–regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
— providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
The reference to Hindus is construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion.

Statement 1 is incorrect. The right to protest in not explicitly mentioned under the constitution. It is derived from the right to free speech and expression [19(1) (a)]; and right to assemble peacefully without arms [19(1) (b)].
Statement 2 is correct. Article 19 (3) provides that State can make any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right to assemble peaceably and without arms.