Right to Freedom — Punjab Police previous year questions

Read the given passage and answer the questions asked.

In the Dehradun quarrying case, the Supreme Court of India has held that the pollution caused by quarrying adversely affects the health and safety of the people, and that it must therefore be stopped as being a violation of Article 21. In this case the Supreme Court recognised for the first time that the right to a healthy environment is part of the right to life and personal liberty guaranteed under Article 21 of the Constitution.

The courts play a very important role in determining the scope of the powers and purposes of administrative activities and in bringing stability between the environment and development. The need of the hour is that a balance be struck between the two, that is, development on the one hand and an environment with acceptable pollution on the other.

Read the given passage and answer the questions that follow.

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the Act came into force on 1 April 2010.

Read the given passage and answer the questions that follow.

The rule of law is a set of principles, or ideals, for ensuring an orderly and just society. Many countries throughout the world strive to uphold the rule of law where no one is above the law, everyone is treated equally under the law, everyone is held accountable to the same laws, there are clear and fair processes for enforcing laws, there is an independent judiciary, and human rights are guaranteed for all. Even in absence of Article 21 in the Constitution, the state has got no power to deprive a person of his life and liberty without the authority of law. Without such sanctity of life and liberty, the distinction between a lawless society and one governed by laws would cease to have any meaning. Rule of Law is now the accepted norm of all civilized societies.

Read the given passage and answer the questions that follow. Article 19(1)(a) of the Constitution of India states that, all citizens shall have the right to freedom. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The Right of Freedom of Speech and Expression implies that every citizen has the rights to express his views, opinions, belief, and convictions freely by mouth, writing, printing or through any other methods. The exercise of this right is, however, subject to reasonable restrictions for certain purposes being imposed under Article 19(2) of the Constitution of India. It can be restricted provided three distinct and independent prerequisites are satisfied.

• i. The restriction shall have the power to enforce it by statute. Executive orders or administrative acts which lack the sanction of law cannot curb freedom of speech.
• ii. The law shall fall firmly under one or more headings of the restriction provided for in Article 19(2). Restriction on freedom of speech cannot be enforced on such omnibus grounds as “in the general public's interest”, which is permissible in the case of constitutional freedoms such as commerce and business free.
• iii. The restriction must be reasonable. It must not be excessive or disproportionate. The procedure and the manner of imposition of the restriction also must be just, fair, and reasonable.