AIR 32 · CSE 2023 · GS2 · 52 pages

Arjun Gupta: GS2 answer copy

20 answers by Arjun Gupta, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 152 words written

Fundamental rights chapter of the constitution is the "north star" of the universe of constitutionalism. Examine.

Opening · a definition

Part III of the Constitution provides for fundamental rights of citizens which are claims against the state. It defines the political as well as moral identity of individual.

Body · points and prose

Diagram
* Fundamental Rights (FR) as North Star 1. Protected by Supreme Court * Art 13, 32, 226 → Judicial Review of laws impinging FRs * Read Due Process of law into Art 21 (Maneka Gandhi case) 2. Repealing of Fundamental Rights require the strong reason of social welfare. (eg Right to Property) 3. Promotes equality and provide for affirmative action to ensure retributive justice. (eg Art 14)

④ Secularism & freedom of religion through Art 25 (SR Bommai Case).

⑤ Right to free speech → right to press → right to protest → right to criticise govt. protected by FRs.

⑥ Ensure the duty of state to provide for right to clean environment (MC Mehta), Right to livelihood (Olga Tellis) & Right to Education.

However, the rights are not absolute but come with restrictions mentioned in Art 19- ① Public order ② Security of State ③ Right to protest ≠ Right to strike (Bharat Kumar case) ④ Friendly relations with other states. ⑤ Art 352 - can be suspended

Close · a summary

Thus, fundamental rights act as north star but allows the state to disrupt the light of north star in need of emergencies