Fundamental and Human Rights

The Constitution provides special measures, in Articles 29 and 30, to protect the rights of religious and linguistic minorities as they have their different languages, religions and cultures.

The Right to Property ceased to be a Fundamental Right after the 44th Constitutional Amendment (1978) and became a legal right under Article 300A. While Right to Privacy, Right to Speedy Trial (under Article 21), and Right to Clean Environment have been recognized by the Supreme Court as part of Fundamental Rights (especially Article 21), the Right to Property is explicitly NOT a fundamental right in the Constitutional text.

Rights and duties are complementary to each other - they are two sides of the same coin. Every right carries with it a corresponding duty, and rights cannot exist in isolation from duties. This is a fundamental principle of legal and social systems.

In Gian Kaur v. State of Punjab (1996), the Supreme Court overruled P. Rathinam v. Union of India and held that the Right to Life under Article 21 does not include the Right to Die. The court distinguished between suicide (criminalized) and passive euthanasia (later permitted in 2011 Aruna Shanbaug case).

The 86th Constitutional Amendment (2002) introduced Article 21A, making education a fundamental right for children aged 6-14 years. It provides for free and compulsory education, meaning the state must ensure no child is denied education due to financial barriers. Option B correctly captures this core provision.

Fundamental Rights are not absolute but subject to reasonable restrictions. Articles 19, 21, and other fundamental rights can be limited during emergencies (Article 359, 358) or in public interest (Article 19 clauses). The Constitution itself provides for restrictions, making them restricted rather than absolute or unrestricted.

The Constitution of India does not expressly mention 'freedom of press' as a fundamental right. Press freedom is read into Article 19(1)(a) which guarantees 'freedom of speech and expression,' and the Supreme Court has consistently held that freedom of the press is implicit in this provision. In contrast, rights to form association (Article 19(1)(c)), equality before law (Article 14), and peaceful assembly (Article 19(1)(b)) are expressly enumerated.

Option A is correct. A 'right in stricto sensu' (strict sense) is a right vested in a person for their own benefit, enforceable against specific parties. The right to divorce fits this category - it's a personal right the holder can exercise against their spouse. Liberty is broader freedom, Power is authority to affect others' legal relations, and Privilege is an exemption from duty rather than an affirmative right.

In Daryao v. State of UP (1962), the Supreme Court emphasized that the Fundamental Right to approach the Court is the cornerstone of the democratic structure established by the Constitution. This case established the Court's duty to protect Fundamental Rights vigilantly. The other options are important cases but did not make this specific statement about the cornerstone of democratic edifice.

Fundamental Rights are justiciable rights that can be enforced in courts, while Directive Principles are policy guidelines for the government. In case of conflict, Fundamental Rights prevail over Directive Principles. The Supreme Court has consistently held that Fundamental Rights cannot be violated to implement Directive Principles.

Universal suffrage means all adult citizens have the right to vote regardless of wealth, literacy, gender, or social status. It is a fundamental principle of democratic governance. Options A, C, and D incorrectly associate 'suffrage' with 'suffering' - these are unrelated concepts with similar spelling.

The Minerva Mills case (1980) established the principle of balance between Directive Principles (DPSPs) and Fundamental Rights. The Court held that Fundamental Rights and DPSPs are complementary and must be harmonized. This case invalidated parts of the 42nd Amendment that gave DPSPs primacy.

Fundamental Rights under the Indian Constitution are restricted, not absolute. Articles 12-35 of the Constitution contain these rights, but they are subject to reasonable restrictions in the interests of public order, morality, health, and other state interests. For instance, freedom of speech (Article 19(1)(a)) can be restricted under Article 19(2). The Constitution itself provides mechanisms for restricting these rights during emergencies (Article 352, 358, 359).

The Right to Education became a fundamental right under Article 21A through the 86th Constitutional Amendment (2002). Before this, education was a Directive Principle under Article 45. Article 21A guarantees free and compulsory education to children aged 6-14 years.