Understanding Fundamental Rights in the Indian Constitution

The question asks us to identify the correct statement(s) regarding fundamental rights as laid down in the Indian Constitution. Let's examine each statement.

Analysis of Statement (a): Right to Education (Article 21A) Applicability

Statement (a) says: "Right to Education (Article 21A) is applicable to all persons in India, Citizens and foreigners alike."

• Article 21A was inserted by the 86th Constitutional Amendment Act, 2002.
• It states that "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."
• This right is considered an extension of the right to life and personal liberty guaranteed under Article 21.
• Fundamental Rights can apply either only to citizens or to all persons (citizens and foreigners). Rights under Articles 15, 16, 19 are available only to citizens.
• However, rights under Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28 apply to all persons in India, whether citizens or foreigners.
• Since Article 21A is derived from Article 21, and Article 21 applies to all persons, Article 21A is also applicable to all persons, specifically children aged 6-14 residing in India, including those who are not citizens.
• Therefore, statement (a) is correct.

Analysis of Statement (b): Nature of Rights under Articles 20 and 21

Statement (b) says: "Fundamental Rights under Article 20, 21 are mandate to the state, not to do a particular type of act hence they are negative in form."

• Fundamental rights generally act as limitations on the power of the State. They prevent the State from encroaching upon the liberties of individuals.
• Rights that prohibit the State from doing certain things are often described as 'negative' rights because they place restrictions or prohibitions on the State's actions.
• Article 20 provides protection against arbitrary and excessive punishment for an accused person. It prohibits:
  • Ex post facto law (no conviction for acts not illegal at the time they were committed).
  • Double jeopardy (no prosecution and punishment for the same offence more than once).
  • Self-incrimination (no compulsion to be a witness against oneself).
• These provisions clearly restrict the State's ability to act against individuals.
• Article 21 guarantees the protection of life and personal liberty, stating that no person shall be deprived of his life or personal liberty except according to procedure established by law. This is a direct prohibition on the State unless a valid legal procedure is followed.
• Both Article 20 and Article 21 essentially tell the State what it cannot do (or can only do under strict conditions), hence they are considered negative rights in form.
• Therefore, statement (b) is correct.

Conclusion

Based on the analysis, both statement (a) and statement (b) are correct statements regarding fundamental rights in the Indian Constitution.

Statement (a) is correct as Article 21A applies to all persons residing in India, including children of foreigners, subject to the age limit. Statement (b) is correct because Articles 20 and 21 impose restrictions and prohibitions on the State, fitting the description of negative rights.

Thus, the correct option is the one stating that both (a) and (b) are correct.