UPSC Mains Law Paper Topic : Fundamental Rights

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UPSC Mains Law Paper Topic : Fundamental Rights

The state education rules provide for compulsory singing of national anthems in schools every morning. “X”, a student, whose religion does not permit singing in praise of anyone other then God refuses to sing but stands in respect when national anthem is sung. The school authorities expel “X” for violating the rules. Write the grounds on which the expulsion can be challenged. (93/I/4a/30)
Are provisions relating to preventive detention “undemocratic and harsh”? Discuss briefly the safeguards available to a person detained under law of preventive detention. (93/I/ 2b/ 30)
Explain how fundamental right to education was evolved. What limitations are now placed on this right by the Supreme Court? (93/I/1b/20)
The post of the Director of Health Services was reserved by the State government for Scheduled Caste. ‘A’ a member of the Scheduled Caste was appointed to this post. B, the senior most Deputy Director of the Health Services questioned the selection. B’s argument was that treating a single isolated post of the director as reserved is hundred percent reservation not allowed under the Constitution. Write a reasoned judgement. (94/I/4b/30)
Doordarshan invited X, a lady journalist, for an interview to be telecast subsequently. The theme of the interview was “Laws relating to women”. In the course of the interview X referred to a bill on women’s right pending in Parliament and criticized that some of its provisions are unjustified and unconstitutional. This portion of the interview was arbitrarily deleted when the interview was telecast. X wants to challenge with deletion. Discuss the questions involved. (95/I/ 4c/30)
Critically examine the widening dimensions of the concept “the State” in Article 12 of the Constitution of India. (95/I/2a/ 30)
“Right to life includes the right to commit suicide.” Examine. (95/I/1c/20)
“The right to receive compensation in proceedings under Article 32 of the Constitution for violation of the fundamental right to life and personal liberty by public officials cannot be defeated by raising a plea of sovereign immunity.” Discuss with the help of case-law. (96/I/2b/20)
Examine the contention that the Constitution 44th Amendment which has radically altered the character and content of the right to property violates the basic structure of the Constitution. (96/I/1b/20)
Does the right to life and personal liberty in Article 21 of the Constitution embrace a right to clean, healthy and livable environment, using the expression “environment” in its broadest meaning as understood in contemporary jurisprudence? Examine the question in the background of cognate constitutional provisions and case-law. (96/I/1a/20)
X has been sentenced to death for having committed several murders. He writes his autobiography in jail and hands over the same to his wife for publication. The autobiography depicts a close nexus between X and some top government officials, some of whom had been partners in these murders. Z, a publisher accepts the autobiography for publication. The Inspector-General Prisons asks Z to stop publication of ‘X’s autobiography as it contains defamatory material against State officials and is false. Z contends that the Inspector-General Prisons has no authority to impose a prior-restraint upon the publication of the autobiography. Decide. (96/I/4b/30)
“The Writ of Habeas Corpus cannot be suspended even in an emergency.” Discuss in the background of connected case law and constitutional provisions. (97/I/1c/20)
“Reservations should be made only in respect of direct recruitment at any level but not in respect of promotions.” Discuss. (97/I/1b/20)
“The concept of instrumentality or agency of the government is not limited to a corporation by a status but it is equally applicable to a created company or society.” Discuss and state whether Article 12 also includes private persons. (97/I/3a/30)
Clause 3 of the Constitution 44th Amendment Act which provides for several vital safeguards in favour of persons under preventive detention has not yet come into force as the Central Government has not issued the necessary notification under Clause 2 of the Amendment. A detenue aggrieved by the Central Governments apathy and in action moves the Supreme Court in proceedings under Art. 32 for a writ of mandamus to compel the Government to appoint and notify the date of commencement of Clause 3 forthwith. Is he entitled to seek suck a direction frorn the court? Discuss in the background of connected case law. (97/I/4c/30)
X was sentenced to death but his death sentence was not executed for ten years. X contends that to take away his life after keeping him in jail for ten years entitles him to demand the quashing of his death sentence under Article 21 of the Constitution. Examine X’s contention. (97/I/4a/30)
‘Right to equality and protection to personal liberty are no longer mutually exclusive.” Discuss. (98/I/1b/20)
The Government of India by an offence memorandum reserved 27% of posts for appointment under the State in favour of socially and educationally backward classes. A petition is filed in the Supreme Court challenging its validity on the ground that it could only be done by an Act of Parliament and not by an executive order. Decide. (98/I/4c/30)
Right not to be discriminated on the ground of sex and the need for empowerment of women by making special provision for them requires the State to ensure that women have adequate representation in Parliament. Argue for and against the proposed constitutional amendment for the purpose. (98/I/3a/30)
Prohibited is hostile discrimination, and not reasonable classification. Comment. (99/I/1a/20)
What is included within the right to freedom of speech and expression? Are commercial advertisements covered by the protection? Discuss referring to decided cases. (99/I/2a/30)
The term ‘procedure established by law’ in Article 21 of the Constitution has been interpreted by the Supreme Court to entitle an accused person to a right to fair trial. Discuss and referring to decided cases spell out the ingredients of a fair trial. (99/I/3a/30)
A minority educational institution, which is completely unaided by the Government, is ‘required by the Education Code framed by the Government to pay to its teachers, salary at the prescribed rate. The institution shows its inability and contends that the enforcement of the code amounts to interference with its constitutionally guaranteed right of administration. Decide giving reasons. (99/I/4c/20)
The Service Rules of a Statutory Corporation allow the Corporation to terminate the services of a confirmed employee by giving three months notice or by paying three month’s salary in lieu of notice. The validity of the rule is challenged for violation of Articles 14 and 21 of the Constitution. Decide giving reasons. (99/I/4b/20)
A law prohibits religious conversions brought about by use of fraud, force, or allurement and makes it a punishable offence. In a write petition it is alleged that the law is violative of right to propagate religion guaranteed under Article 25 of the Constitution. Decide giving reasons. (99/I/4a/20)
The Civil Surgeon had issued an advertisement for a training course in midwifery at the District Hospital. The advertisement had a clause “Married women candidates must enclose along with their application their husband’s written permission for pursuing the course.” The wife got the letter of consent from her husband and joined the course. The husband, however, had second thoughts and wrote to her and the authority saying she should return immediately as her not being there would disturb the family life and hence she would not be permitted to join. Thereafter the authority asked her to produce another letter of “no objection” from the husband. Examine with reference to the relevant provisions of the Constitution the validity of the order of the authority. (00/I/4b/30)
“The Supreme Court in Maneka Gandhi’s case has revolutionised the law relating to ‘personal-liberty’ under Article 21 of the Constitution.” Explain with illustration. (00/I/2a/30)
Discuss the nature and the scope of the following writs: (01/I/4b (i) (ii)/15×2)
(i) Certiorari
(ii) Mandamus
In order to cure the heavy underrepresentation of the Schedules Castes and the Schedules Tribes in ‘the State services even after fifty years of the Constitution, a State wants to make a scheme, which may remove this imbalance within a period of five years. Advise the State about the steps that it may take under the Constitution for this purpose. (01/I/3b/30)
Critically examine the statement that though Maneka Gandhi Vs. Union of India has made a great advancement towards the understanding and application of the Fundamental Rights in our Constitution it has not been able to make much difference either to the preventive detentions or towards ensuring the due process of law. (01/I/3a/30)
What fundamental right, if any, of a person is violated if the State acts in pursuance of either Article 15(4 ) or 16(4) of the Constitution of India? (01/I/1a/20)
Discuss any one theory developed by the Supreme Court of India under Article 21 of the Constitution of India for compensation to the victims. (02/I/2a/30)
If the words “All minorities “ in Article 30 of the Constitution of India are replaced by the words, “All sections of citizens having distinct language or religion “, what fundamental rights of the minorities would be affected? (02/I/1a/ 20)
“Preventive Detention is the only exception carved out to the generally accepted proposition that no person shall be deprived of his personal liberty except in accordance with the procedure established by law”. Discuss the safeguards evolved by the Judiciary for the protection of personal liberty of a person detained under the law ofPreventive Detention. (03/I/1a/20)
Critically examine the decisions of the Supreme Court from A.K. Gopalan to Maneka Gandhi cases with special reference to “procedure established by law”. (03/I/4a/30)
“Liberty of Press consists in laying no prior restraints upon publications and not in freedom from censure for matters when published.” Explain and indicate how far this liberty of Press is protected under the Indian Constitution. (04/I/1b/20)
“The extensive use of the device of ‘reasonable classification’ by State and its approval by the Supreme Court has rendered the guarantee of ‘fair and equitable treatment’ under Article 14 largely illusory.” Discuss making clear the constitutional and popular concepts of ‘right to equality’ in India. (04/I/1c/20)
“Article 16(4) is by itself a rule of equality rather than an exception to the rule.” What is your view? Discuss with the help of case-law. (05/I/1a/20)
“The fundamental right to freedom of speech and expression has in recent times seen expanding horizons.” Discuss and point out the judicial approach in this regard. (05/I/1b/20)
“In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch.” Elucidate with the help of constitutional provisions & judicial decisions. (06/I/1a/20)
What is the meaning of ‘Freedom of Press’ under the Indian Constitution? Can the freedom of press be restricted by a law requiring the press owners to pay minimum wages to the employees of the press? Decide. (07/I/1d/20)
Examine and elucidate the scope and significance of Article 32 of the Constitution in the context of Public Interest Litigation as expounded by the Supreme Court in MC. Mehta Vs. Union of India, AIR 1987 S.C. 1086. (07/I/2a/30)
Write short note : Meaning of the term ‘Other Authorities’ under Article 12 of the Constitution (07/I/4b/20)
‘Rule of Law’ does not mean rule according to statutory law, pure and simple, because such a law may itself be harsh, inequitable, discriminatory or unjust. ‘Rule of Law’ connotes some higher kind of law which is reasonable, just and non-discriminatory. Explain. (08/I/1a/20)
”Equality is the basic feature of the Constitution of India and any treatment of equals unequally or unequals as equals will be violation of basic structure of the Constitution of India.” Explain. (08/I/3b/30)
‘Write short note: Rights of the Press and the problem of Pre-censorship. (08/I/4b/20)
Define and distinguish between ‘formal equality’ and ‘substantive equality’ as interpreted by the Apex Court of the country. (09/I/1c/20)
“The term ‘freedom of speech and expression’ in Article 19(l)(a) has been held to include the right to acquire information and disseminate the same.” Elucidate the import of this statement in the context of media industry. Is the right to paint or sing or dance covered by Article 19 (1) (a) of the Indian Constitution or not? (09/I/2b/30)
Write short note on Scope of the Right with regard to self - incrimination. (09/I/4a/20)
“The fragrance and colour whch is enshrinced in Article 141 of the constitution of Indis is destined to uphold the Rule of Law in the interest of justice and people of India.” Do you agree? Give reasons. (10/I/1a/20)
Whether right to vote is a fundamental or a statutory right? Justify your statement with the help of relevant caselaw on this subject. (10/I/1b/20)
New frontiers of criminal justice have been spelled out from Article 21 of the Constitution, which provides that no person shall be deprived of his right to life and personal liberty except according to procedure established by law. Discuss and refer to decided cases. (10/I/2a/30)
“It is the religious teaching, not the teaching of religion which is prohibited under the Constitution of India”
The decision of the Supreme Court of India in ADM, Jabalpur v.S. Shukla, according to Dr. Upendra Baxi, “made the darkness of emergency completely dark”. Do you think that the Constitution (44th Amendment) Act 1978 removed this darkness and provided for better protection of the Fundamental Rights? Explain. (11/I/3a/30)
Article 13 makes the judiciary, and especially the Apex Court, as a IAS Mains 2014 Categorised Paper guardian, protector and the interpreter of the fundamental Rights. It confers a power as well as imposes an obligation on the Courts to declare a low void if it is inconsistent with a Fundamental Rights. Discuss. (14/1/1c/10)
Explain and elucidate the meaning of the ‘Right to personal liberty’ as interpreted by the Supreme Court in Papanasam Labour Union v. Madura Coat Ltd. AIR 1995 S.C. 2200. Analyse critically the guidelines prescribed by the Hon’ble Supreme Court in this respect.(14/1/2b)
A backward class cannot be identified only and exclusively with-reference to economic criterion. A backward class may, however, be identified on the basic of occupation-cum-income without any reference to caste. There is not constitutional bar in the State categorizing the backward classes as (Main) Law—Topic Wise Paper 12 ‘backward’ and ‘more backward’. Do you agree with the statement? Give reasons.(14/1/3b/15)
What is ‘Public Interest Litigation’? What are the major facets of this form of ligation? Also discuss the limitations of this type of litigation.(14/1/3c/15)
Do you agree with the statement that “all human rights are fundamental rights protected and recognized by the Constitution of India”. Discuss with reference to statutory provisions and case laws. (14/1/2b/15)
What do you think is the form/nature of our Constitution — Federal, Unitary or Quasi-federal? The Members of the Drafting Committee call it federal, but many others would dispute this title. Critically examine the statement. 1c Article 13 makes the judiciary, and especially the Apex Court, as a guardian, protector and the interpreter of the Fundamental Rights. It confers a power as well as imposes an obligation on the Courts to declare law void if it is inconsistent with a Fundamental Right. Discuss.(15/1/1a)
The concept of ‘Reasonable Opportunity’ being a constitutional limitation on the doctrine of ‘Tenure Pleasure’, Parliament or State Legislature can make a law defining the content of ‘Reasonable Opportunity’ and prescribing procedure for affording the said opportunity to the accused government servant. Explain the concept with reference to leading cases. (15/1/2a)
A backward class cannot be identified only and exclusively with reference to economic criterion. A backward class may, however, be identified on the basis of occupation-cum-income without any reference to caste. There is no constitutional bar in the State categorising the backward classes as ‘backward’ and ‘more backward’. Do you agree with the statement? Give reasons. (15/1/3b)