Here are some of the most important questions along with answers based on the document "The
Fundamental Rights." These have a high chance of being asked in exams:
1. What are Fundamental Rights? Why are they important?
Answer: Fundamental Rights are the basic rights guaranteed to individuals by the Constitution of
India under Part III. They are essential for ensuring human dignity, equality, and freedom. They limit
the power of the government and protect individuals from arbitrary state actions. These rights are
enforceable by the courts, and any violation can be challenged directly in the Supreme Court under
Article 32.
2. What is the difference between Positive and Negative Rights?
Answer:
• Positive Rights require the state to take action for their fulfillment, such as the Right to
Education and Right to Health. They are economic and social rights.
• Negative Rights impose restrictions on the state to prevent interference, such as the Right to
Freedom of Speech and Right to Private Property. They are civil and political rights.
3. What are the six categories of Fundamental Rights?
Answer: The Indian Constitution provides six categories of Fundamental Rights:
1. Right to Equality (Articles 14–18) – Equality before law, prohibition of discrimination.
2. Right to Freedom (Articles 19–22) – Freedom of speech, expression, movement, etc.
3. Right Against Exploitation (Articles 23–24) – Prohibition of human trafficking and child
labor.
4. Right to Freedom of Religion (Articles 25–28) – Freedom to practice, profess, and
propagate religion.
5. Cultural and Educational Rights (Articles 29–30) – Protection of cultural minorities and
right to education.
6. Right to Constitutional Remedies (Article 32) – Right to approach the Supreme Court in
case of rights violation.
4. What is the significance of Article 32?
Answer: Article 32 is known as the "heart and soul of the Constitution" (as called by Dr. B.R.
Ambedkar). It allows individuals to directly approach the Supreme Court if their Fundamental Rights
are violated. It provides remedies through writs such as:
• Habeas Corpus – To release a person from unlawful detention.
• Mandamus – To direct a public official to perform their duty.
• Prohibition – To stop lower courts from exceeding their jurisdiction.
• Certiorari – To transfer a case to a higher court.
• Quo Warranto – To challenge an illegal public office occupation.
5. What is the concept of ‘Generations of Rights’?
Answer: The evolution of rights is categorized into five generations:
1. First Generation – Civil and Political Rights (Negative Rights).
2. Second Generation – Economic, Social, and Cultural Rights (Positive Rights).
3. Third Generation – Environmental and Development Rights (Right to Clean Air, Water).
4. Fourth Generation – Animal Rights (Rights of animals as ‘living persons’).
5. Fifth Generation – Rights of Natural Entities (Legal recognition of rivers and forests).
6. What is the ‘Golden Triangle’ of Fundamental Rights?
Answer: The "Golden Triangle" refers to Articles 14, 19, and 21 of the Constitution:
• Article 14 – Right to Equality
• Article 19 – Right to Freedom
• Article 21 – Right to Life and Personal Liberty
The Supreme Court applies strict scrutiny to any law that violates these articles, ensuring
maximum protection of Fundamental Rights.
7. What are the differences between Legal Rights, Constitutional Rights, and Fundamental
Rights?
Answer:
• Legal Rights – Created by law; can be modified or removed (e.g., right to pension).
• Constitutional Rights – Enshrined in the Constitution but not Fundamental (e.g., Right to
Property).
• Fundamental Rights – Special protection under Part III; cannot be easily amended.
8. How are Fundamental Rights limited during a National Emergency?
Answer: During a National Emergency (Article 352):
• Article 19 is automatically suspended in case of war or external aggression.
• Article 359 allows suspension of other Fundamental Rights except Articles 20 and 21.
• The 44th Amendment (1978) ensured that the Right to Life and Personal Liberty (Article 21)
cannot be suspended.
9. How does the Constitution protect Fundamental Rights against both the State and private
individuals?
Answer:
• Fundamental Rights primarily restrict state actions.
• Some rights also apply to private individuals, such as:
o Abolition of Untouchability (Article 17) – Prevents discrimination by both state and
individuals.
o Right to Equality (Article 15) – Prevents private businesses from discriminating.
o Right against Exploitation (Articles 23-24) – Prevents bonded labor and child labor.
10. What are the major Constitutional Amendments affecting Fundamental Rights?
Answer:
• 1st and 93rd Amendments – Strengthened Articles 15–16 for affirmative action.
• 44th Amendment (1978) – Removed the Right to Property from Fundamental Rights.
• 86th Amendment (2002) – Added Right to Education (Article 21A).
• 103rd Amendment (2019) – Introduced EWS reservation.
11. What was the impact of the COVID-19 pandemic on Fundamental Rights?
Answer:
• Right to Movement (Article 19) was restricted due to lockdowns.
• Right to Privacy (Article 21) was debated due to contact-tracing apps.
• Right to Business (Article 19(1)(g)) was impacted due to restrictions on industries.
• Right to Health (Inferred under Article 21) was affected as hospitals struggled with
resources.
12. What are some landmark Supreme Court cases related to Fundamental Rights?
Answer:
1. Keshavananda Bharati vs. State of Kerala (1973) – Established the Basic Structure
Doctrine.
2. Maneka Gandhi vs. Union of India (1978) – Expanded the interpretation of Article 21.
3. Justice K.S. Puttaswamy vs. Union of India (2017) – Declared the Right to Privacy as a
Fundamental Right.
4. IR Coelho vs. State of Tamil Nadu (2007) – Strengthened the judicial review of laws
violating the Golden Triangle.
