12.Schedule IX and Article 14 & Article 15

Question 1

What was the initial stance regarding the judicial review of laws in the IX Schedule?

Answer 1

Initially, it was believed that the judiciary could not review laws under the power of judicial review inserted in the IX Schedule of the Indian Constitution.

Question 2

What purpose did the IX Schedule serve?

Answer 2

The IX Schedule acted as a protective barrier for laws made by the Parliament/State legislature.

Question 3

What did the Waman Rao judgment of 1981 reiterate?

Answer 3

The Waman Rao judgment reiterated the Basic Structure Doctrine.

Question 4

From which date did the court apply the Basic Structure Doctrine?

Answer 4

The Basic Structure Doctrine was applied from April 24th, 1973, the date of the Kesavananda Bharati judgment.

Question 5

How was the retrospective application of the Basic Structure Doctrine addressed in the Waman Rao case?

Answer 5

The court held that the Basic Structure Doctrine should not be applied retrospectively to reopen the validity of any amendment to the Constitution made prior to April 24th, 1973.

Question 6

What did the court state regarding the judicial review of laws in Schedule IX?

Answer 6

In the Waman Rao case, the court affirmed that Schedule IX could be judicially reviewed.

Question 7

Which amendment introduced the concept of harmonious construction between Fundamental Rights and Directive Principles?

Answer 7

1st Amendment Act 1951.

Question 8

Which case upheld the validity of the 1st Amendment Act 1951?

Answer 8

Shankari Prasad Case 1951.

Question 9

What was the major change brought by the 2nd Amendment Act 1967?

Answer 9

It declared that Fundamental rights cannot be amended.

Question 10

Which case challenged the 2nd Amendment Act 1967?

Answer 10

I C Golaknath case (1967).

Question 11

Which amendment gave primacy to Directive Principles over Fundamental Rights?

Answer 11

4th Amendment Act 1976.

Question 12

Which case held that there should be harmony between Fundamental Rights and Directive Principles?

Answer 12

Minerva Mills case (1980).

Question 13

What was the significance of the 5th Amendment Act 1981?

Answer 13

It established the applicability of the Basic Structure Doctrine from April 24th, 1973.

Question 14

Which case confirmed that Schedule IX can be judicially reviewed?

Answer 14

Waman Rao Case (1981).

Question 15

Which amendment clarified the availability of judicial review for the IX Schedule?

Answer 15

6th Amendment Act 2007.

Question 16

Which case determined that the judicial review of the IX Schedule is available from 1951?

Answer 16

I R Coelho Case (2007).

Question 17

What was the purpose of the 1st Amendment Act 1951?

Answer 17

It made the Right to Property (Article 19(1)(f)) limited and introduced the insertion of 31A, 31B, and the IX Schedule.

Question 18

Which case challenged the validity of the 1st Amendment Act 1951?

Answer 18

Shankari Prasad Case 1951.

Question 19

What was the outcome of the Shankari Prasad Case 1951?

Answer 19

The Court upheld the validity of the 1st Amendment Act 1951 and established the idea of harmonious construction between Fundamental Rights and Directive Principles.

Question 20

What did the I C Golaknath case (1967) determine?

Answer 20

The case held that Fundamental rights cannot be amended, and Article 368 has a relation with Article 13(3), implying that amendments to the Constitution are considered laws.

Question 21

Which amendment was brought by the Indira Gandhi Government in response to the Golaknath case?

Answer 21

The 24th Amendment Act.

Question 22

Which case challenged the validity of the 24th Amendment Act?

Answer 22

Keshavananda Bharati Case (1973).

Question 23

What did the Keshavananda Bharati Case (1973) decide?

Answer 23

The case held that Fundamental Rights can be amended but the Doctrine of Basic Structure must be followed.

Question 24

What changes were introduced by the 42nd Amendment Act?

Answer 24

The 42nd Amendment Act made Directive Principles superior to Fundamental Rights and gave primacy to Article 39B and 39C over Article 14 and Article 17.

Question 25

Which case was a result of the 42nd Amendment Act?

Answer 25

Minerva Mills case (1980).

Question 26

What did the Minerva Mills case (1980) establish?

Answer 26

The case affirmed the need for harmony between Fundamental Rights and Directive Principles and reiterated that the Constitution is supreme.

Question 27

Which amendment clarified the applicability of judicial review for the IX Schedule?

Answer 27

The 6th Amendment Act 2007.

Question 28

What was the ruling in the I R Coelho Case (2007)?

Answer 28

The case held that the judicial review of the IX Schedule is available from 1951, the day of its insertion.

Question 29

What are Fundamental Rights?

Answer 29

Rights mentioned in Part III of the Constitution are called Fundamental Rights.

Question 30

Give an example of a Fundamental Right.

Answer 30

Right to Equality, Right to Life, Right to Marry, etc.

Question 31

What are Constitutional Rights?

Answer 31

Rights mentioned in the Constitution outside Part III of the Constitution are called Constitutional Rights.

Question 32

Give an example of a Constitutional Right.

Answer 32

Right to Property (Article 300A via 44th Amendment).

Question 33

When was the Right to Property added as a Constitutional Right?

Answer 33

The Right to Property was added through Article 300A by the 44th Amendment Act in 1978.

Question 34

What are Statutory or Legal Rights?

Answer 34

Statutory or Legal Rights are rights derived from a statute or law.

Question 35

Provide an example of a Statutory Right.

Answer 35

Right to work under the MNREGA, 2005, Right to Maternity leave under Maternity Benefit (Amendment) Act, 2017.

Question 36

Who has the authority to make Statutory Rights?

Answer 36

Statutory rights are made by the concerned authority such as Parliament, State Legislature, or District Authority.

Question 37

What determines the enforceability of a right?

Answer 37

The enforceability of the right is dependent upon where the law is derived from.

Question 38

What is the significance of Article 14 in the Indian Constitution?

Answer 38

Article 14 guarantees equality before the law and equal protection of the law, which are fundamental principles of justice and fairness in the Indian legal system.

Question 39

What are the two expressions used in Article 14?

Answer 39

The two expressions used in Article 14 are “equality before the law” and “equal protection of the law.

Question 40

What is the concept of “equality before the law”?

Answer 40

“Equality before the law” means that there should be no special privileges or discrimination in favor of any individual or group. It ensures that everyone is subject to the same laws and is treated equally by the legal system.

Question 41

What is the concept of “equal protection of the law”?

Answer 41

“Equal protection of the law” means that individuals should receive equal treatment under the law, especially in similar circumstances. It requires the state to take necessary actions to remove inequalities and provide necessary protections.

Question 42

Where is the concept of “equal protection of the law” derived from?

Answer 42

The concept of “equal protection of the law” is taken from Section 1 of the 14th Amendment of the United States Constitution.

Question 43

What is the difference between “equality before the law” and “equal protection of the law”?

Answer 43

“Equality before the law” focuses on the absence of special privileges and the application of the ordinary law to all individuals. “Equal protection of the law” emphasizes equal treatment in similar circumstances and the state’s responsibility to address inequalities.

Question 44

What are the characteristics of “equality before the law”?

Answer 44

“Equality before the law” is a negative concept, implying the absence of privileges, and it aims to maintain the status quo by treating everyone in the same manner.

Question 45

What are the characteristics of “equal protection of the law”?

Answer 45

“Equal protection of the law” is a positive concept, involving special privileges if necessary, and it has a progressive approach towards addressing inequalities and ensuring fairness.

Question 46

Who does the equal protection of the law apply to?

Answer 46

The equal protection of the law applies to all individuals within the territory of India, regardless of their citizenship status.

Question 47

What is the purpose of equal protection of the law?

Answer 47

The purpose of equal protection of the law is to ensure justice, fairness, and non-discrimination in the legal system, providing equal rights and opportunities to all individuals.

Question 48

What does equality before the law mean?

Answer 48

Equality before the law refers to the absence of discrimination and the equal treatment of individuals under the legal system.

Question 49

What does equal protection mean?

Answer 49

Equal protection means that individuals should receive equal treatment in similar circumstances, ensuring fairness and justice.

Question 50

Is reasonable classification allowed under Article 14?

Answer 50

Yes, reasonable classification is permitted under Article 14 to achieve equity and address specific needs or circumstances.

Question 51

What is the condition for reasonable classification?

Answer 51

The classification should not amount to class legislation, meaning it should not unfairly discriminate or create unjustifiable distinctions.

Question 52

Does Article 14 apply only to citizens of India?

Answer 52

No, Article 14 applies to both citizens and aliens within the territory of India, ensuring equal protection of the law for all individuals.

Question 53

Can Article 14 be suspended during emergencies?

Answer 53

Yes, Article 14 can be suspended during emergencies through the provisions of Article 359, which allows for the suspension of fundamental rights.

Question 54

Are there any special privileges for the President and Governors under Article 14?

Answer 54

Yes, Article 361 grants special privileges to the President and Governors, including immunity from criminal proceedings.

Question 55

What is the purpose of suspending Article 14 during emergencies?

Answer 55

The suspension of Article 14 during emergencies is aimed at maintaining public order and addressing critical situations that require temporary limitations on certain fundamental rights.

Question 56

Can the suspension of Article 14 be indefinite?

Answer 56

No, the suspension of Article 14 during emergencies is temporary and must be lifted once the emergency situation is resolved.

Question 57

What is the significance of Article 14 in ensuring equality and fairness in the Indian legal system?

Answer 57

Article 14 plays a crucial role in guaranteeing equal treatment, non-discrimination, and protection of rights for all individuals, regardless of their background or status.

Question 58

What did the State of West Bengal vs Anwar Ali case establish?

Answer 58

The State of West Bengal vs Anwar Ali case established that the expressions ‘Equality before the law’ and ‘Equal protection of the law’ have a similar meaning and are essentially the same.

Question 59

What did the Srinivas Theatre vs Government of Tamilnadu case conclude?

Answer 59

The Srinivas Theatre vs Government of Tamilnadu case concluded that the expressions ‘Equality before the law’ and ‘Equal protection of the law’ do not have the same meaning, despite some similarities between them.

Question 60

What was the outcome of the Air India vs Nargesh Meerza case?

Answer 60

In the Air India vs Nargesh Meerza case, the Supreme Court ruled that the termination of an employee’s service based on pregnancy was arbitrary and violated Article 14 of the Constitution.

Question 61

What regulations were struck down by the Supreme Court in the Air India vs Nargesh Meerza case?

Answer 61

The Supreme Court struck down the regulations of Air India and Indian Airlines that mandated retirement for air hostesses at the age of 35 or on their first pregnancy, whichever occurred earlier.

Question 62

What was considered arbitrary in the regulations of Air India and Indian Airlines?

Answer 62

The termination of service based on pregnancy was deemed to be manifestly arbitrary, violating the principles of Article 14 of the Constitution.

Question 63

What was the impact of the Air India vs Nargesh Meerza case?

Answer 63

The case set an important precedent by recognizing the discriminatory nature of certain employment policies based on pregnancy and emphasized the need for equal treatment and protection under Article 14 of the Constitution.