Fundamental Rights, Directive Principles and the Basic Structure — Practice

Question 1

Which case propounded the basic structure doctrine and by what majority?

Accepted Answer

Kesavananda Bharati v. State of Kerala (1973), by a majority of 7 to 6.

Question 2

Which Amendment inserted Article 21A and what does it provide?

Accepted Answer

The 86th Amendment (2002)  free and compulsory education for children aged six to fourteen.

Question 3

State the test of reasonable classification and the arbitrariness principle under Article 14.

Accepted Answer

A classification is valid if it rests on an intelligible differentia and has a rational nexus with the object of the law. Separately, in E. P. Royappa (1974) the Court held that arbitrariness is the antithesis of equality, so State action that is arbitrary violates Article 14 even without classification.

Question 4

Match: Olga Tellis, Hussainara Khatoon, Puttaswamy with the right recognised under Article 21.

Accepted Answer

Olga Tellis: right to livelihood  Hussainara Khatoon: speedy trial  Puttaswamy: right to privacy.

Question 5

What protections does Article 20 give and which case applies Article 20(3) to scientific tests?

Accepted Answer

No ex post facto criminal law, no double jeopardy and no compulsion to be a witness against oneself. Selvi v. State of Karnataka (2010) held that involuntary narcoanalysis, polygraph and brain-mapping tests violate Article 20(3).

Question 6

A State Government transfers a doctor without reasons on 24 hours' notice, apparently to punish her complaint about shortages. Advise her on the remedy and grounds.

Accepted Answer

The employer is the State under Article 12, and the transfer can be challenged by a writ under Article 226 before the High Court. Grounds: arbitrariness under Article 14 (E. P. Royappa) because there are no reasons, mala fides because the order follows her complaint, and breach of natural justice. Courts interfere with transfers only for malice, violation of rules or arbitrariness, so she should show the timing and the absence of a public interest.

Question 7

Trace the development of the basic structure doctrine.

Accepted Answer

Shankari Prasad and Sajjan Singh held that Part III could be amended. Golaknath (1967) reversed this. Kesavananda Bharati (1973) held that Parliament may amend any provision but may not destroy the basic structure. Indira Gandhi v. Raj Narain (1975) applied it to strike down a clause of the 39th Amendment, Minerva Mills (1980) held limited amending power to be basic, and I. R. Coelho (2007) held that Ninth Schedule laws can be tested against it.

Question 8

Name the five writs.

Accepted Answer

Habeas corpus, mandamus, prohibition, certiorari and quo warranto.

Practice — Fundamental Rights, Directive Principles and the Basic Structure

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