List of top Legal Studies Questions on Fundamental Rights and Duties asked in CLAT

Same-sex marriage has no legal recognition in India as per the recent Supreme Court's judgment, where it was decided that this is an issue for Parliament to address. While Hindu marriages between transgender persons and cisgender men are permissible, and the Court acknowledged systemic discrimination and the right to choose a partner, it held that there is no fundamental right to marry. The government has been urged to form a panel to consider granting more legal rights to same-sex couples, but the legal status of marriage remains unchanged for now. The five-judge bench of the Supreme Court of India in Supriya Chakraborty & Anr. v. Union of India (2023), in a majority verdict, ruled that there is no fundamental right to marry under the Indian Constitution, making it beyond the court's scope to legislate on same-sex marriage.
The Court stated that the power to legislate on same-sex marriage rests with the Parliament and state legislatures. The judgment affirmed constitutional rights for LGBTQ+ citizens and the right to choose a partner. The government agreed to set up a panel to explore legal rights and benefits for same-sex couples, though these benefits are not the same as those conferred by marriage. Same-sex couples cannot legally marry and do not receive the same legal rights, such as automatic inheritance, pension, or adoption rights, that legally married couples do. Despite the ruling, LGBTQ+ couples continue to face legal discrimination and have no social recognition of marriage. The Court affirmed the right of same-sex couples to cohabit privately. While the Supreme Court's verdict brought limited benefits and acknowledgments, it has not legalized same-sex marriage in India, deferring the ultimate decision to the Parliament. (279 words)
[Extracted, with edits and revisions, from "The Hindu", dated 27th October 2023]

The Supreme Court of India declared that the right to privacy is a fundamental right and that the right to informational privacy is part of this right. Subsequently, the Parliament of India enacted a new law relating to digital personal data protection. The law applies to Indian residents and businesses collecting the data of Indian residents. It also applies to non-citizens living in India whose data processing is "in connection with any activity related to the offering of goods or services" that happens outside India. The law allows personal data to be processed for any lawful purpose. If the personal data is sensitive, then additional safeguards are to be observed. The entity processing data can do so either by taking the concerned individual's consent or for "legitimate uses". which include situations where an individual has voluntarily provided personal data for a specified purpose. The law requires that an individual's consent must be "free, specific, informed, unconditional and unambiguous with a clear affirmative action" and for a specific purpose. The data collected has to be limited to that necessary for the specified purpose. A clear notice containing these details has to be provided to consumers, including the rights of the concerned individual and the grievance redressal mechanism. Individuals have the right to withdraw consent if consent is the ground on which data is being processed. The law also creates rights and obligations for individuals. These include the right to get a summary of all the collected data and to know the identities of all other entities/organisations with whom the personal data has been shared, along with a description of the data shared. Individuals also have the right to correction. completion, updating, and erasure of their data. Besides, they have a right to obtain redressal for their grievances and a right to nominate persons who will receive their data. [Excerpts from Anirudh Burman, "Understanding India's New Data Protection Law", CARNEGIE INDIA, October 03, 2023]

The Editors Guild of India has expressed concern over the “draconian provisions” of the Press and Registration of Periodicals (PRP) Bill, 2023, that can have an adverse impact on freedom of the press.
The Guild added: “Editors Guild of India would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the Registrar, and that the primary emphasis of the Registrar and the PRP remains ‘registration’ and not ‘regulation’, as the latter has the potential of restricting freedom of the press.”
“In the definitions section, the term ‘specified authority’ gives power to government agencies beyond the Press Registrar, to conduct the functions of the Registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive, and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing,” the Guild said.
The statement says sections 4(1) and 11(4) allow the Registrar to deny the right to bring out a periodical and cancel the certificate of registration of a periodical to persons convicted of “terrorist act or unlawful activity” or “for having done anything against the security of the State”.
“Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining ‘terrorist act’ and ‘unlawful activity’), as well as other criminal laws, including sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments,” it said.
Among the other worrisome provisions listed by the Guild is Section 6(b), which gives power to the Press Registrar (as well as any other “specified authority”) to enter the premises of a periodical to “inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished”
[Extracted, with edits and revisions from “Editors Guild of India expresses concern over draconian provisions of the Press and Registration of Periodicals Bills, 2023” published in The Telegraph dated 07-08-2023]

The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose 'reasonable restrictions' on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled Tribes.

To maintain the secular character of the Indian polity, not only does the Constitution of India guarantee freedom of religion to individuals and groups, but it is also against the general policy of the Constitution of India that any money be paid out of the public funds for promoting or maintaining any particular religion. Accordingly, it is provided in the Constitution of India that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. This does not prohibit the State from enacting a law to incur expenses for the promotion or maintenance of any particular religion or religious denomination, but by such law, no person can be compelled to pay any tax, the proceeds of which are to be so utilized. This, however, does not invalidate levy of a fee to provide some service. Thus, a fee can be levied on pilgrims to a religious fair to meet the expenses of the measures taken to safeguard the health, safety and welfare of the pilgrims. Such fee levied by a State will be valid because the object of such contribution is not to foster or preserve religion, but to control secular administration of religious institutions.

Compassionate appointment is an exception to the general rule of appointment which is a way of providing employment to the family of the deceased employee on compassionate grounds. The objective is only to provide solace and succour to the family in difficult times and, thus, its relevancy is at that stage of time when the employee passes away. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that, but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner. Thus, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.

The bench of Dr DY Chandrachud and MR Shah, JJ has refused to transfer to CBI the criminal cases lodged against Republic TV Editor in-Chief Arnab Goswami for alleged defamatory news show telecast on April 21 in connection with the Palghar mob-lynching case. It also quashed all FIRs against Arnab Goswami except one which was filed in Nagpur and which has been transferred to Mumbai via order dated 24.04.2020.
[Excerpt from SCC Online Blog, May 19, 2020]
Delivering the verdict, Justice Chandrachud said, "Article 32 of the Constitution constitutes recognition of the constitutional duty entrusted to this Court to protect the fundamental rights of citizens. The exercise of journalistic freedom lies at the core of speech and expression protected by Article 19(1)(a). The petitioner is a media journalist. The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and expression under Article 19(1)(a). India's freedoms will rest safe as long as journalists can speak truth to power without being chilled by a threat of reprisal…Free citizens cannot exist when the news media is chained to adhere to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”: “Questions you cannot answer are usually far better for you than answers you cannot question.”
[Excerpt from Arnab Ranjan Goswami vs Union Of India on 19 May, 2020]

Principle: Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while travelling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

Principle: Anyone who induces or attempts to induce a voter to vote in a particular manner on the ground that the voter will face divine displeasure, shall be guilty of offence of interfering with free exercise of right to vote.
Facts: During election campaign period one candidate X told the voters that if they do not vote for her, voters will be cursed because the election candidate is the God‘s own child and those who do not vote for her, they will not be liked by God.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

The right to information under the Right to Information Act, 2005 is a:

Legal Principle: Article 20(3) of the Constitution of India states that no person accused of any offence shall be compelled to be a witness against himself.
Fact Situation: Ubaid refuses to give a sample of his blood after he is stopped by the police for driving over the speed limit. The police suspect him to be driving under the influence of alcohol, which is prohibited under the law.
Which of the following statements is the most appropriate in relation to the legal principle stated above?

Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.
Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.
Which of the following statements is the most appropriate in relation to the legal principle stated above?

Examine the Statement and Conclusions given below and choose a suitable answer from the options given:
Statement: It is a fundamental duty, which is unenforceable in a Court of Law, that every citizen shall renounce practices derogatory to the dignity of women.
Conclusions:
1. Reservation of seats for women in employment is violative of the principle stated.
2. Asking a lady inappropriate questions about her personal life is violative of the principle stated.

Assertion (A): It is the legal and constitutional duty of the State to provide legal aid to the poor.
Reason (R): No one should be denied justice by reason of his poverty.

Which among the following was described by Dr. B. R. Ambedkar as the "heart and soul of the Constitution of India"?

Under the Constitution of India 'Right to Pollution Free Environment' has emerged as a fundamental right from the right to-

Assertion: Every person should have the freedom of speech and expression.
Reason: If a person is stopped from speaking then mankind will lose the truth.

Choose the best option for the following statement:
No one can be compelled to sing the National Anthem since:
1. It will be violative of the right to freedom of speech and expression.
2. It will be violative of the right to freedom of conscience and practice & propagation of religion.
3. There is no legal provision obliging anyone to sing the National Anthem.

Which one of the following statements is correct?
Right to free and compulsory education for all children of the age of 6 to 14 years is:

Principles:
(i) Freedom consists in making choices out of two or more alternatives.
(ii) Everyone has freedom to speak.
Facts:
X says his freedom to speech includes freedom not to speak. X’s assertion is:

Which of the following is not a fundamental right in India?

Which of the following is not a fundamental right?