The Fundamental Rights have been guaranteed to protect the public from repressive state actions; judicial decisions tend to expand the scope of the word 'State' as defined by _______ of the Indian Constitution.
- A.Article 12
- B.Article 14
- C.Article 15
- D.Article 13
Correct answer
Explanation
The correct answer is Article 12. Most Fundamental Rights are claims against the State, so whoever counts as the "State" is bound by them. Article 12 defines the State for Part III to include the Government and Parliament of India, the government and legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India. Local authorities include bodies such as municipalities and panchayats.
The question's point about judicial decisions refers to the words "other authorities". Courts have read them widely, holding that statutory and government-controlled bodies, such as the Life Insurance Corporation and the Oil and Natural Gas Commission, are also the State for this purpose. Article 13 is the tempting wrong answer because it sits right next door: it makes laws inconsistent with Fundamental Rights void and is the base of judicial review. Article 14 guarantees equality before law and Article 15 forbids discrimination. A simple way to separate them: Article 12 answers "against whom are the rights enforced?" and Article 13 answers "what happens to a law that violates them?"
Read the full article: Fundamental Rights (Articles 12–35): Notes, Writs and PYQs
Practice Questions
View allThe Fundamental Rights in the Indian Constitution are inspired by the ‘Bill of Rights’ of which of the following countries?
- A.Australia
- B.Japan
- C.The USSR
- D.The USA
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The Bill of Rights is the name given to the first ten amendments to the Constitution of the United States, adopted in 1791, which protect freedoms such as speech and religion against the government.
Read the full explanation →Which of the following is NOT a fundamental right after the 44th Amendment Act, 1978 of Indian Constitution?
- A.Right to property
- B.Right to equality
- C.Right against exploitation
- D.Right to religion
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When the Constitution came into force, property was protected as a Fundamental Right in two places: Article 19(1)(f), the freedom to acquire, hold and dispose of property, and Article 31, protection against being deprived of property.
Read the full explanation →Which article of the Constitution of India abolishes the concept of ‘untouchability’ and prohibits its practice in any shape or form?
- A.16
- B.15
- C.17
- D.14
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Article 17 abolishes untouchability, forbids its practice in any form, and makes the enforcement of any disability arising out of untouchability an offence punishable in accordance with law.
Read the full explanation →Article 19 of the Indian Constitution provides for how many types of freedoms?
- A.13
- B.44
- C.30
- D.6
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Article 19(1) gives every citizen six freedoms: speech and expression; to assemble peaceably and without arms; to form associations, unions or co-operative societies; to move freely throughout India; to reside and settle in any part of India; and to practise any profession or carry on any occupation, trade or business.
Read the full explanation →Which of the following Constitutional Amendment Act added the Right to Education to the Indian constitution?
- A.85th
- B.88th
- C.87th
- D.86th
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The 86th Constitutional Amendment Act, 2002 made education a Fundamental Right by inserting Article 21A, under which the State shall provide free and compulsory education to all children aged six to fourteen years, in the manner it determines by law.
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