NAGARJUNA COLLEGE OF ENGINEERING & TECHNOLOGY

Constitution of India and Professional Ethics (10CIP 28)

CHAPTER - I

Preamble to the constitution of India, Fundamental Rights under Part-III details of Exercise of rights, limitations & important cases.

INTRODUCTION
Definition of Constitution : Constitution means a system of laws and principles, according to which a State or other organization is governed. The 26-01-1950 was a remarkable day in the Constitutional history of India. The Indian Constitution is the lengthiest and the most detailed of all the written Constitutions of the world. It consists of 447 articles divide into 26 parts and 12 Schedules (presently 444 articles)

FEATURES OF INDIAN CONSTITUTION

1. 2. 3. 4. 5. 6. 7. 8. 9.

10.
11.

The lengthiest Constitution in the world Parliamentary form Government. Mixture of rigidity and flexibility Fundamental rights Directive Principles of State policy A Centralized Federation Universal Adult Franchise An Independent and impartial Judiciary A secular State Single citizenship Fundamental duties.

PREAMBLE
Parts of the preamble 1. Source of authority constitution is prepared by the people through their representatives 2. The type of government sought to be established Sovereign , Socialist, Secular, Democratic, Republic 3. Objectives of the Constitution Justice Liberty, Equality, To Promote fraternity, to dignity of Individual, To assure dignity of Individual, To assure unity and integrity of the nation 4. Adoption and enforcement of the Constitution (Enacting clause) - on 26/11/1949

FUNDAMENTAL RIGHTS (PART-III) ARTICLE 12 TO 35

Basic rights without which a human life becomes meaningless In the absence of these rights the growth and development of the human personality is not possible. The people of India enjoy the rights to Equality, Liberty, Freedom of Religion and the fight to Education and Culture.

PART III (SIX CATEGORIES OF FR)

Article 14 to 18 - Right to equality Article 19 to 22 - Right to Freedom Article 23 to 24 - Right against Exploitation Article 25 to 28 - Right to Freedom of Religion Article 29 to 30 - Cultural and Educational Rights Article 32 - Right to constitutional Remedies

ARTICLE 12 &13

Deals with the definition of state and Law respectively

ARTICLE 14
Equality Before Law This speaks about application of same laws to all persons irrespective of his caste, creed, color or sex. Prohibition of discrimination on the grounds of religion, race, sex, caste or place of birth or any of them.

ARTICLE 15 - EQUALITY
Article 15 (1) State shall not discriminate against any citizen on ground only of religion, race, Caste, sex, and place of birth or any of them. Article 15 (2) - Prohibits not only the State but also private persons. Article 15 (3) State can make any special provision for Women and Children Article 15 (4) Special provision for socially and educationally backward classes of citizen.

ARTICLE 16 - EQUALITY IN PUBLIC EMPLOYMENT

Article 16 (1) Guarantees equality of opportunity for all citizens in employment or appointment to any office under the state. Article 16 (2) - No citizen shall be ineligible on the basis of caste, colour, race, religion, sex or place of birth fro employment.

ARTICLE 16 - EQUALITY IN PUBLIC EMPLOYMENT

Article 16 (3) - Residence can be a ground for Reservation of Posts Article 16 (4) - Reservation of appointment of post in favor of any backward classed of citizens Article 16 (4-A) Provision for reservation in matter of promotion for SCs and STs which in the opinion of the state.

ARTICLE 16 - EQUALITY IN PUBLIC EMPLOYMENT

Article 16 (4-B) Provision for reservation in matter of promotion for SCs and STs which in the opinion of the state. 16 (5) Religious qualification can be prescribed for an incumbent of any religious institution.

ARTICLE 17 ABOLITION OF UNTOUCHABILITY

Untouchability shall be an office punishable in accordance with law. ARTICLE 18 - ABOLITION OF TITLES Any person who is holding any office or profit or trust under state cannot accept any present, emoluments or office without the Presidents Consent

ARTICLE 19 RIGHT TO FREEDOM

Article 19(1) there are 6 fundamental freedoms Article 19(1)(a) Freedom of Speech & expression Article 19(1)(b) Freedom to assemble peaceably and without arms Article 19(1)(c) Freedom of Association or Unions Article 19(1)(d) Freedom to move freely throughout the territory of India Article 19(1)(e) Freedom to reside and settle in any part of the territory of India Article 19(1)(f) Freedom to own and acquire property Article 19(1)(g) Freedom to practice any profession.

ARTICLE 20 PROTECTION GIVEN TO

ACCUSED PERSONS

Clause 1 - Protection against Ex-post facto law Clause 2 - Protection against double jeopardy Clause 3 - Prohibition Against self incrimination ARTICLE 21 - PROTECTION OF LIFE AND
PERSONAL LIBERTY Right to live with human dignity, livelihood, shelter, privacy, Health and Medical Assistance, to get pollution free water and air, die, education, Free

ARTICLE 21 (A) RIGHT TO ECUATION

The state shall provide free and compulsory education to all children of the age of 6 to 14 years. ARTICLE 22 - PROTECTION AGAINST ARBITRARY ARREST AND DETENTION it deals with two separate matters Persons arrested under the ordinary law of crimes Persons detained under the law of Preventive Detention

ARTICLE 23 RIGHT AGAINST EXPLOITATION

A person who is asked to do any labour without payment or one who has received payment but is forced to work against his wish can complain against the violation of his fundamental right. ARTICLE 24 - PROHIBITION OF EMPLOYMENT OF CHILDREN Prohibits the employment of children below the age of 14 years in any factory or mine or engaged in any other employment.

ARTICLE 25 FREEDOM OF CONSCIENCE

Article 25 makes very person equally entitled to Freedom of conscience and the right to freely practice profess and propagates religion. ARTICLE 26 - FREEDOM TO MANAGE RELIGIOUS AFFAIRS Religious Denomination Denomination means a collection of individuals classed together under the same name a religious body having a common faith and designated by a distinctive name. Eg. Siddaganga math, Beli math

ARTICLE 27 FREEDOM OF PAYMENT OF TAX

No person can be compelled to pay any taxes, the proceeds of which are specially appropriated in payment of expenses for the promotion or maintenance of any particular religion. (wage of tax for public welfare) ARTICLE 28 - PROHIBITS RELIGIOUS INSTRUCTIONS IN STATE AIDED EDUCATIONAL INSTITUTIONS There can be no imparting of instruction about any particular religion in any educational institution, which is wholly maintained by the state

ARTICLE 29 & 30 CULTURAL AND EDUCATIONAL RIGHTS

Article 29(1) Right of Conservation Article 29 (2) - Right of Admission Article 30 (1) Right of Establishment

Article 30 (2) - Right to receive Aid

ARTICLE 32 RIGHT TO CONSTITUTIONAL REMEDIES

Supreme court as the protector and Guarantor of Fundamental Rights The constitution under Article 32 provides for remedies by way of writs. There are 5 kinds of writs. Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo- warranto

ARTICLE 33 RESTRICTIONS ON FUNDAMENTAL

RIGHTS OF MEMBERS OF ARMED FORCES

Restrict the fundamental rights in application to a. The member of armed forces or b. The forces charged with the maintenance of public orders c. The persons employed in intelligence bureau d. The persons employed in telecommunication system setup for the purposes of any force.

ARTICLE 34
Restriction of fundamental rights while martial law is in force in any area. ARTICLE 35 It empowers the parliament by law to punish the acts prohibited by Article 23 9prohibition of Traffic in human being and forced labour)

OBJECTIVE TYPE QUESTIONS

1. The date of commencement of the Indian constitution is
a) 26th Nov 1949 b) 26th Nov 1945 C) 26th Jan 1950 d) 15th Aug 1947

2. Preamble to the Indian Constitution

a) Privileges given to the SCs and STs. b) The power of Govt. to make laws C) The Circumstance under which the Constitution can be amended d) The Source of Indian constitution

3. The source of authority of the Indian Constitution is

a)

The Govt. b) The People of India C) The Supreme court d) The President

OBJECTIVE TYPE QUESTIONS

4. One of the objectives of the Constitution is to achieve
a) Law and order b) Justice C) Political Stability d) Social Control

5. The word Secular as used in the Preamble indicates

a) Treating all the languages equally b) Special Treatment to Hindu religion C) Treating all the religions equally d) Non of these

6. A state whose execute head is an elected representative is called

a) The Republic b) Anarchy C) Monarchy d) Dictatorship

OBJECTIVE TYPE QUESTIONS

7. Fundamental Rights are protected by the
a) Civil courts b) Criminal Courts C) Supreme Court d) Non of these.

8. 9.

Fundamental Rights are

a) Civil Rights b) Criminal Rights C) Basic Rights d) Non of these.

Part III of the Constitution guarantees. Categories of Fundamental Rights

a) 5 b) 6 C) 7 d) 8

OBJECTIVE TYPE QUESTIONS

10. The Right to Equality means
a) Treating all citizens equally b) Treating Government Servants equally Treating Citizens Differently d) Non of the above. C)

11. Equality must be among

a) Equals b) In-equals C) all d) Non of these

12. Article 14 permits reasonable .

a) Classifications b) Discrimination C) Division d) Non of these

13. State is prohibited from denying any citizens access to

a) Shops, Public restaurants etc. b) Private Places C) Houses d) Non of these

OBJECTIVE TYPE QUESTIONS

14. State is authorized to make special provision for
a) Women and Children b) Men only C) Men and Women d) Non of these

15. State Can make special provisions for the advancement of

a) Socially and Educationally Backward Classes of citizens b) Economically Backward Classes of Citizens C) Both (a) 7 (b) d) Non of these

16. Equality of opportunity in public employment means

a) All applicants are entitled to be employed b) State has to give equal opportunity in public employment without discrimination C) State cannot prescribe any condition for employment. d) Non of these

OBJECTIVE TYPE QUESTIONS

17. . Can be a ground for reservation of posts
a) Language b) Residence C) Color of the persons d) Non of these

18. Untouchability is .
a) an offence b) Not an offence C) permissible d) Non of these

19. The Constitution Provides for the abolition of

a) Titles b) Salaries of public servants C) Parliament d) Non of these Allowance of the Members of t e

OBJECTIVE TYPE QUESTIONS

20. The Freedom of Speech includes
a) Freedom of Press b) Freedom of disturbing public peace C) to create nuisance d) Non of these Freedom

21. Freedom of Speech and Expression means right to express ones own opinion only by
a) Words by mouth b) Writing and Printing C) these Both (a) & (b) d) Non of

22. Classification of Films into A & U is .

a) Valid b) Invalid C ) Either (a) or (b) d) Non of these

OBJECTIVE TYPE QUESTIONS

23. Freedom of Assembly means right to assemble peacefully.
a) with arms b) without arms C ) with deadly weapons d) Non of these

24. Freedom of Association includes..

a) Freedom to move b) Freedom to form companies C ) Freedom to reside and settle d) Non of these

25. The Freedom of movement under Article 19 (1) (d) can be restricted in the interest of .
a) Women b) Law & Order C ) General Public d) Non of these

OBJECTIVE TYPE QUESTIONS

26. Freedom of Residence means right to
a) Reside and settle only in a particular area b) Reside and settle in any part of the territory of India C ) Reside in a foreign country d) Non of these

27. Right to Property is a ..

a) Ordinary Right b) Fundamental Right C ) Mora Right d) Not a Right

28. The Constitution right to practice..

a) any profession, occupation, trade or business b) only profession C ) both (a) and (b) d) Non of these

OBJECTIVE TYPE QUESTIONS

29. The Constitution guarantees Fundamental rights to
a) both citizens and Non citizens b) Citizens only C ) Foreigners only d) Non of these

30. Ex-post facto law means.

a) Law imposing penalties from a previous date b) Law imposing penalties from a future date C ) Civil Law d) Non of these

31. Double Jeopardy means

No prosecution and punishment for the same offence more than once b) there can be prosecution and punishment for the same offence more than once C ) Double benefit d) Non of these
a)

OBJECTIVE TYPE QUESTIONS

32. Self-incrimination means.
a) Compulsion to be a witness against himself b) compulsion to be a witness against other C ) Voluntarily giving evidence d) Non of these

33. Article 21 Protects

a) Life only b) liberty only C ) life & personal liberty d) Non of these

34. Right to life includes

a) Right to live with human dignity b) right to not live with human dignity C ) right to mere animal existence d) Non of these

OBJECTIVE TYPE QUESTIONS

35. Right to shelter is part of
a) right to live b) right to equality C ) right to freedom d) Non of these

36. An arrested person has .. Number of rights under Article 22

a) 4 b) 5 C) 1 d) 6

37. The first right under Article 22 is

a) right to informed of grounds of arrest b) right to consult his won lawyer C ) right to be produced before a magistrate d) Non of these

OBJECTIVE TYPE QUESTIONS

38. An arrested person must be produced before a magistrate within .. Hours of his arrest
a) 12 b) 24 C ) 36 d) 48

39. Telephone tapping is violation of

a) right to Freedom of speech & expression b) right to life and personal liberty C ) right to carry on any profession d) right to equality

40. A person can be detained under Preventive Detention Law

a) If he has committed offence against the public b) if he is likely to cause harm to public C ) if he is insolvent d) if he is alien enemy

OBJECTIVE TYPE QUESTIONS

41. Right to pollution free environment includes
a) right to life b) Freedom of Speech and Expression C ) Right to religion d) Abolition of Untouchability

42. Right to life includes

a) Prisoners Right b) Right Teachers Right C ) Students Right d) Ministers

43. Right to Education is

a) Fundamental Right b) & (b) Ordinary legal Right C ) Not a Right d) Both (a)

44. Traffic in Human beings & labour is

a) Prohibited under the Constitution b) Both (a) & (b) d) Non of these Permitted under Constitution C )

OBJECTIVE TYPE QUESTIONS

45. Children below the age of . Years are prohibited to be employed in hazardous employment.
a) 21 years b) 18 years C ) 14 years d) 30 years

46. Right to Freedom of Religion aims at achieving the concept of .

a) Secularism b) Federalism C ) Political Justice d) Economic Justice

47. There can be prohibition of religious instructions in institution.

a) Stated aided b) Unaided C ) Minority Educational d) Non of these

OBJECTIVE TYPE QUESTIONS

48. The tax collected by the state cannot be utilized
a) For the promotion of any particular religion b) For the promotion of particular business C ) Both (a) & (b) d) Non of these

49. Cultural and Educational Rights are also know as

a) Minority Rights b) Majority Rights C ) Both (a) & (b) d) Non of these

50. Minorities have Right to .

a) Establish and administer Educational Institutions b) Only to establish educational institutions C ) Carry on profession or business d) Non of these

OBJECTIVE TYPE QUESTIONS

51. Minorities under Article 30 are based on
a) Religion or language b) Religion only C ) Language only d) Non of these

52. . Is the custodian of Fundamental Rights

a) Supreme Court & High Court b) Civil courts C ) President of India d) Non of these

53. The Supreme court is situated at

a) New Delhi b) Mumbai C ) Bangalore d) Kolkata

OBJECTIVE TYPE QUESTIONS

54. The founding father of the Indian Constitution is ..
a) Dr. B. R. Ambedkar b) Gandhiji C ) Pandit Nehru d) Sardar Valabhai Patel

55. Supreme court has power to issue .. Kinds of writs

a) 3 b) 4 C) 5 d) 6

56. Habeas Corpus means

a) You may have the body person d) Non of these b) What is your authority C ) Arrest the

OBJECTIVE TYPE QUESTIONS

57. Who can apply for Habeas Corpus Writ?
a) The person arrested only b) Any friend / relative of an arrested person C ) Arrest the person d) Non of these

58. Mandamus means

a) Command b) request C ) Permission d) Non of these

59. Mandamus writ lies against

a) Public authority these b) Private persons C ) both (a) & (b) d) Non of

60. Writ of Prohibition is issued against

a) Inferior Court b) Tribunal C ) Both (a) & (b) d) Superior court

OBJECTIVE TYPE QUESTIONS

60. Certiorari Means.
a) To certify b) To produce a person illegally arrested C ) Command d) None of these

61. Quo-Warranto means

a) What is your authority b) Direction C ) Issue a warrant d) None of these

62. Locus Standi means

a) Right to move the supreme Court / High Court b) Righty to be defended C ) Local Authority d) None of these

OBJECTIVE TYPE QUESTIONS

63. Supreme Court has invented a new docrine called
a) Public interest Litigation b) Private Interest Litigation C ) Publicity Interest Litigation d) None of these

64. Right to Education is contained in Article.

a) Article 20 b) Article 21 C ) Article 21 A d) Article 32

65. Right to Property is a .

a) Fundamental Right b) Legal Right C ) Moral Right d) Not a Right

OBJECTIVE TYPE QUESTIONS

66. Right to start a business under Article 19(1) (g) includes..
a) Right no to close down the business b) Right to close down the business C ) Right to travel abroad d) None of these

67. The Number of Articles in the constitution presently is

a) 368 b) 395 C ) 400 d) 444