History & Civics
With reference to Fundamental Rights, answer the following questions:
(a) What are the components of the Right to Education?
(b) How is the Right to Information an implied Fundamental Right?
(c) Write a short note on Right to Privacy.
Constitution
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Answer
(a) The components of the Right to Education are:
- Protection of language, script, culture of minorities (Article-29).
- Right to establish and administer minority educational, social and cultural institutions (Article-30).
(b) An implied Fundamental Right is one which is a part of a named Fundamental Right or partakes of the same basic nature and character as that Fundamental Right. Since RTI is implicit in the Right to Freedom of Speech and Expression (Article-19), it is an implied Fundamental Right because if one does not know the facts one cannot speak freely.
(c) On August 24, 2017, the Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution. It is a fundamental right about all information of a person and the choice that he makes. It protects an individual from the scrutiny of the State in their home, of their movements and over their reproductive choice, choice of partners, food habits,etc.
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Related Questions
Article 20 provides for Protection in Respect of Conviction for offences. In this respect answer the following:
(a) What protections are available to the citizens against conviction?
(b) What is meant by Preventive Detention? State the right of citizens in this respect.
(c) Explain the limitations of the Right to Protection.
With reference to the Right to Constitutional Remedies, answer the following question:
(a) How has this right been given legal sanction?
(b) Why is this right important?
(c) Explain how writs issued by courts enforce this right.
With reference to the Fundamental Duties, answer the following:
(a) What are known as Fundamental Duties?
(b) Give any three Fundamental Duties.
(c) What is the importance of these Duties?
Name the writ that will be issued in each of the following circumstances.
(a) Against a person holding a public office to which he is not entitled.
(b) An order to an administrative authority to perform a certain duty.
(c) (i) For the transfer of a case from lower to higher court.
(ii) To prohibit a lower court from proceeding in a case.