Fundamental Rights

* Statement 1 is correct: According to Article 355 of the Indian Constitution, it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

* Statement 2 is correct: Article 22(3)(b) mentions that individuals detained under preventive detention laws are not initially entitled to consult or be defended by a legal practitioner until the grounds of detention are disclosed to them. Although the constitution allows for exceptions in preventive detention cases, it does not prohibit state governments from providing legal counsel to the detained person. The state has the discretion to offer legal assistance if it wishes.

* Statement 3 is incorrect: Section 32(1) of POTA 2002 allows confessions made to a police officer of at least Superintendent rank, overriding certain provisions of the Code of Criminal Procedure and the Indian Evidence Act.

Statement 1 is incorrect: As per the RTE Act, the minimum qualification for teachers is set by the National Council for Teacher Education (NCTE), not the state council.

Statement 2 is correct: The RTE Act mandates that candidates must pass the Teacher Eligibility Test (TET) to qualify for teaching primary classes. The NCTE sets the guidelines for conducting this test.

Statement 3 is incorrect: According to the All India Survey on Higher Education (AISHE) 2019-20, approximately 67% of teacher education institutions in India are privately managed, while only around 33% are government-run.

Hence, the correct answer is option (b) 2 only.

Statement 1 is Correct: The Food Safety and Standards Act, of 2006 did supersede the Prevention of Food Adulteration Act, of 1954. It established a more comprehensive framework for ensuring food safety and regulating the food industry in India.

Statement 2 is Incorrect: The Food Safety and Standards Authority of India (FSSAI) is an autonomous body, not under the direct control of the Director General of Health Services. While the Ministry of Health and Family Welfare oversees FSSAI, it functions independently with its own governing board and chairperson.

Therefore, the correct answer is option (a) 1 only.

* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India.

* The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty.

* Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy.

_While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_

* Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

* Article 16: Guarantees equality of opportunity in matters of public employment.

* Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.

* Option (a) is correct: The concept of 'Due Process of Law' primarily means that the procedure through which a person is deprived of life or liberty must be fair, just, and reasonable, following the principles of natural justice. It ensures that laws are not only enacted properly but also applied fairly and reasonably.

* Option (b) is not correct: The phrase 'Procedure established by law', used in Article 21 of the Indian Constitution, refers to any procedure laid down by law, even if it is unfair. However, after the Maneka Gandhi v. Union of India (1978) judgment, the Supreme Court read into Article 21 the American concept of 'Due Process of Law', ensuring fairness and reasonableness in both substance and procedure.

* Option (c) is not entirely correct: While fair application of law is part of due process, the phrase 'Due Process of Law' has a broader meaning that encompasses substantive fairness, procedural justice, and conformity with natural justice. Hence, option (a) captures its essence more accurately.

* Option (d) is not correct: Equality before law (Article 14) is a distinct constitutional principle and not equivalent to due process.

Statement 1 is correct: Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It is usually not usable against a private entity unless it is entrusted with a public duty.

Statement 2 is correct: As explained above, Mandamus can be used against a government corporation and/or company when it is discharging a "public duty", so the statement is incomplete. Public Duty is Key: Mandamus aims to compel performance of a public duty, not just private functions.

Statement 3 is correct: Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person.

Note (on Statement 2): In UPSC Prelims, statements must be judged as written, without adding extra conditions. A company does not become subject to the writ of Mandamus only because it is a Government company. Government ownership by itself is not enough. Since Statement 2 is framed in this limited and absolute sense, and no additional condition like "public duty" is mentioned, the statement is treated as correct.

* The legislation described would violate Article 14 of the Indian Constitution.

* Article 14 guarantees Equality Before Law and Equal Protection of Laws. This means that laws must be applied fairly and consistently, and everyone should be treated equally under the law.

* Legislation that gives unchecked power to the executive or administration to apply the law violates this principle.

Option B is incorrect. Article 28 is related to the right to freedom of religion.

Option C is incorrect. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. Under this article, the Supreme Court can issue writs for the enforcement of any of the fundamental rights of the citizens.

Option D is incorrect. Article 44 provides for one of the Directive Principles of State Policy. Article 44 says that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

Statement 1 is incorrect: Police Custody means that the police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In Police custody, the accused is lodged in a police station lockup while in Judicial Custody, he is locked up in the jail.

Statement 2 is correct: During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation is necessary under the facts produced before the court. However, during police custody, the police officer in charge of the case may interrogate the suspect.

The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21.

This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.


Previously a Fundamental Right - Before 1978, the Indian Constitution guaranteed the right to property as a fundamental right under Article 19(1)(f) and Article 31. - This meant citizens had the right to acquire, hold, and dispose of their property. - Article 31 also ensured that the government couldn't take over private property without due compensation and for public purposes only.

Change in 1978 - The 44th Amendment Act of 1978 changed the status of the Right to Property. - Articles 19(1)(f) and 31 were removed from the list of fundamental rights. - A new Article, 300-A, was introduced under Part XII of the Constitution.

Current Status: A legal right available to any person. - Article 300-A states, "No person shall be deprived of his property save by authority of law." - This means the government can still acquire private property, but only under legal authorization. - The law should be fair and reasonable, and the government has the power to decide the quantum of compensation.

The Right to Equality (Articles 14-18) of the Indian Constitution includes several provisions to ensure equal status and opportunities for all citizens. Article 17 specifically deals with the 'Abolition of Untouchability' and forbids its practice in any form. It is categorized under the Right to Equality because untouchability is a severe form of social discrimination that denies the basic principle of equality.

The Right to Equality comprises: * Article 14: Equality before law and equal protection of laws. * Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Equality of opportunity in matters of public employment. * Article 17: Abolition of untouchability and prohibition of its practice. * Article 18: Abolition of titles except military and academic.

Article 21: This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court of India has expanded the scope of personal liberty to include various fundamental rights, including the right to marry a person of one's choice.

Shamima Begum vs. State of Assam (2018): The court ruled that a woman has the right to marry a person of her choice, reinforcing that personal decisions related to marriage fall under individual autonomy and personal liberty as guaranteed by Article 21.

Hadiya's case (Shafin Jahan vs. Asokan K.M): The Supreme Court upheld the right to marry as a fundamental right under Article 21. It ruled that an adult woman is free to make decisions regarding her marriage, rejecting attempts to interfere in personal choices. The court emphasized that state or societal disapproval cannot restrict an individual's right to marry.

Right to Privacy and Article 21: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. In the landmark 2017 judgment of K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India unanimously held that the right to privacy is an intrinsic part of Article 21. This ruling reinforced privacy as a fundamental right, ensuring protection against unwarranted state and private intrusions.

Part III of the Constitution covers Fundamental Rights, which include: - Article 19: Right to freedom of speech and expression, freedom of movement, and other essential liberties. - Article 21: Right to life and personal liberty, which now includes privacy after the Puttaswamy judgment.

Article 14: Ensures equality before the law, but does not explicitly deal with privacy.

Article 17: Abolishes untouchability. Directive Principles of State Policy (DPSPs) are non-enforceable guidelines, not fundamental rights.

Article 24: Prohibits child labor but has no relation to privacy.

Thus, the right to privacy is most closely linked to Article 21 and the freedoms guaranteed in Part III of the Indian Constitution. Hence the correct answer is option (c).

The Right against Exploitation under the Indian Constitution aims to protect individuals from forced labor, human trafficking, and child exploitation.

It specifically includes: - Prohibition of human trafficking and forced labor (Article 23): This article bans begar (forced, unpaid labor), bonded labor, and human trafficking in any form. It also prohibits the state and private entities from compelling people to work without fair wages. - Prohibition of child labor in hazardous occupations (Article 24): This article prohibits the employment of children below the age of 14 in factories, mines, or other hazardous occupations to ensure their safety and well-being.

While other rights are crucial, they are not part of the Right against Exploitation: - Abolition of untouchability (Article 17) falls under the Right to Equality and prohibits the practice of untouchability in any form. - Protection of the interests of minorities is covered under Articles 25-30 and primarily falls under the Right to Freedom of Religion and Cultural & Educational Rights.

Thus, the Right against Exploitation focuses specifically on preventing forced labor, human trafficking, and child labor, ensuring dignity and freedom from exploitation

Therefore, the correct option is (C) 1 and 4 only.

Equality means that everyone has the same rights and opportunities, ensuring a fair and just society.

Privileges: They are the opposite of equality because they represent unearned advantages enjoyed by a select few, contradicting the principle that all individuals should have the same rights and opportunities.

Restraints: Some restrictions are necessary to maintain fairness, protect rights, and prevent harm (e.g., laws against discrimination). These restraints can coexist with equality rather than opposing it.

Competition: A society can be both competitive and equal if opportunities are fairly distributed. Competition can drive innovation and progress, but it does not inherently contradict equality.

Ideology: The impact of ideology on equality depends on its nature. Some ideologies promote social justice and equal rights, while others reinforce inequalities. However, ideology itself is not inherently opposed to equality.