Constitution and Fundamental Rights — Practice

Question 1

Principle: Fundamental rights are guaranteed against the State; a purely private act generally does not violate a fundamental right.
Facts: A privately owned bookshop refuses to serve a customer because it dislikes his political opinions.
Has a fundamental right been violated?
(a) Yes, refusing service is always unconstitutional (b) No — the bookshop is a private party, not the State (c) Yes, political opinion is protected against everyone (d) No, only because he can shop elsewhere

Accepted Answer

(b) No.

Fundamental rights run against the State. A private bookshop's refusal, based on political opinion, is a private act and does not by itself violate a fundamental right.

Question 2

Principle: The freedoms guaranteed by Article 19 (including freedom of assembly) are available to citizens of India only.
Facts: A foreign national living in India is refused permission to hold a public rally and claims a violation of his Article 19 freedom of assembly.
Can he claim this right?
(a) Yes, everyone in India has Article 19 rights (b) No — Article 19 freedoms belong to citizens only (c) Yes, because he lives in India (d) No, only because a rally needs a licence

Accepted Answer

(b) No.

The Article 19 freedoms, including assembly, are guaranteed to citizens. A foreign national cannot claim them, though he may invoke rights available to every person, such as Articles 14 and 21.

Question 3

Principle: Free speech may be restricted only on the grounds listed in the Constitution — public order, decency or morality, defamation, security of the State, incitement to an offence, and a few others.
Facts: A State law prohibits any speech that 'criticises the policies of the ruling party.'
Is the restriction valid?
(a) Yes, governments may protect their image (b) No — criticism of the ruling party is not a listed ground (c) Yes, it maintains public order (d) No, only if the speaker is a citizen

Accepted Answer

(b) No.

Criticism of the ruling party is not among the permitted grounds. Restricting speech on an off-list ground is invalid, however the government frames it.

Question 4

Principle: The State may impose reasonable restrictions on free speech in the interest of public order.
Facts: A law penalises speeches that are made to incite an angry mob to immediately attack a neighbourhood.
Is the restriction valid?
(a) No, all speech is absolutely protected (b) Yes — it is a reasonable restriction in the interest of public order (c) No, only violent acts can be punished (d) Yes, but only during an emergency

Accepted Answer

(b) Yes.

Preventing speech that incites an immediate mob attack is a reasonable restriction on the listed ground of public order, so the law is valid.

Question 5

Principle: Article 14 permits reasonable classification if it rests on an intelligible differentia that has a rational nexus to the object of the law.
Facts: A law grants free legal aid only to persons whose annual income falls below a fixed amount, to help those who cannot afford a lawyer.
Is the classification valid?
(a) No, everyone must get free legal aid equally (b) Yes — income is an intelligible differentia with a rational nexus to helping the poor (c) No, it discriminates against the rich (d) Yes, but only if the amount is very low

Accepted Answer

(b) Yes.

Income is a clear, identifiable basis (intelligible differentia), and it is rationally connected to the law's object of helping those who cannot afford lawyers. The classification satisfies both limbs and is valid.

Question 6

Principle: Article 14 forbids arbitrary classification; a classification must have an intelligible differentia with a rational nexus to the law's object.
Facts: A law imposes a special tax only on shopkeepers whose names begin with the letter 'S'.
Is the classification valid?
(a) Yes, the State may tax whom it chooses (b) No — the basis is arbitrary with no rational nexus to any object (c) Yes, if the tax rate is low (d) No, only because it is a tax

Accepted Answer

(b) No.

Singling out shopkeepers by the first letter of their name has no intelligible differentia connected to any legitimate object. It is arbitrary and violates Article 14.

Question 7

Principle: No person shall be deprived of life or personal liberty except by a procedure established by law; the protection extends to every person, whether citizen or foreigner.
Facts: A foreign tourist is detained by the police for a week with no legal procedure, no charge and no order.
Can he claim a violation of Article 21?
(a) No, Article 21 protects only citizens (b) Yes — Article 21 protects the liberty of every person, and there was no lawful procedure (c) No, tourists have no rights in India (d) Yes, but only after he is charged

Accepted Answer

(b) Yes.

Article 21 protects the personal liberty of every person, not just citizens. Detaining the tourist with no procedure established by law violates Article 21.

Question 8

Principle: The freedom to practise religion under Article 25 is subject to public order, morality and health.
Facts: A religious practice involves a ritual that spreads a serious contagious disease, and the State prohibits the ritual on public-health grounds.
Is the prohibition valid?
(a) No, religious freedom is absolute (b) Yes — Article 25 is expressly subject to public health (c) No, the State cannot touch religion (d) Yes, only if most people object

Accepted Answer

(b) Yes.

Article 25 guarantees religious freedom but is expressly subject to public order, morality and health. A ritual that spreads a contagious disease may be prohibited on health grounds.

Question 9

Principle: For fundamental rights, the 'State' includes not only government and legislatures but also local and other authorities performing public functions under government control.
Facts: A statutory corporation, wholly controlled by the government and running the city's public bus service, denies a job to a qualified applicant on an arbitrary basis. He challenges it under Article 14.
Does Article 14 apply to the corporation?
(a) No, a corporation is a private employer (b) Yes — a government-controlled public authority is 'State' and is bound by Article 14 (c) No, Article 14 covers only Parliament (d) Yes, but only for its own employees

Accepted Answer

(b) Yes.

A statutory corporation wholly controlled by the government and performing a public function is 'State' within the meaning of the Constitution. It is therefore bound by Article 14, and its arbitrary denial can be challenged.

Practice — Constitution and Fundamental Rights

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