MCQs Based On Political Science- (234)

Correct Option: 3. Article 23.
Explanation: In general, Fundamental Rights in India are enforceable against the State, meaning the government and its authorities must not violate these rights. This is known as a vertical relationship — between the individual and the State.
However, some Fundamental Rights are also enforceable against private individuals, which creates a horizontal relationship — between private persons. These are exceptions to the general rule.
Key Features of Article 23:
1. Applies to both State and private individuals:
-Even if a private person forces another person into labour (without payment or against their will), it is a violation of Article 23.
-The State has a duty to prohibit and penalize such acts, but even in the absence of State involvement, private violations are punishable.
2. Covers human trafficking:
-Selling or buying of human beings for immoral or exploitative purposes (like prostitution or slavery) is explicitly prohibited.
-This applies to both government officials and private individuals or syndicates.
3. Includes ‘begar’:
-Begar is a system where a person is forced to work without payment. This system was historically common in colonial and feudal India.
-Article 23 outlaws this irrespective of who imposes it — government, landlord, contractor, etc.
4. Does not require State action to be violated:
-For most Fundamental Rights (e.g., Article 19 — freedom of speech), the violation must come from the State. -In contrast, Article 23 can be violated by any person, so its scope is broader and directly applicable to private misconduct. Judicial Support:
In People’s Union for Democratic Rights v. Union of India (1982), the Supreme Court held:
-“Even private individuals, who force labor without payment or under coercion, violate Article 23. The State has a constitutional obligation to take action against such violations.”
-This case involved construction workers employed under exploitative conditions by private
contractors.
Conclusion:
-Article 23 is distinct because it protects individuals not just from the State, but also from other private individuals or entities.
-It plays a crucial role in protecting vulnerable sections of society (like migrant laborers, bonded workers, victims of trafficking).
-That’s why Article 23 is rightly called a horizontally enforceable right, and is an exception to the general verticality of Fundamental Rights.

Correct Option: 2. Article 13(2).
Explanation: Article 13(2) mandates that the State shall not make any law that takes away or abridges the Fundamental Rights, making such laws void ab initio.

Correct Option: 3. Parliament.
Explanation: The Basic Structure Doctrine, established in Kesavananda Bharati, restricts Parliament’s power to amend the Constitution under Article 368, ensuring it does not damage core principles like Fundamental Rights.

Correct Option: 4. Economic development.
Explanation: Article 19(2) allows reasonable restrictions on freedom of speech for reasons like public order, decency, morality, etc., but not for economic development.

Correct Option: 2. Article 15 – Prohibition of discrimination.
Explanation: A negative right imposes a restriction on the State’s action. Article 15 prohibits the State from discriminating, making it a classic example of a negative obligation.