fr Flashcards
Article 12
Article 12 of the Indian Constitution defines The State as:
The Government and Parliament of India,
The Government and legislatures of the states,
All local authorities and
Other authorities in India or under the control of the Government of India.
Article 13:
Defines Laws Inconsistent with or In derogation of Fundamental Rights
All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
In this article, unless the context otherwise required, – (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
Nothing in this article shall apply to any amendment of this Constitution made under article 368
Right to Equality
14-18
ART 14
Equality Before Law
ART 15
Prohibition of Discrimination
ART 16
Equality of Opportunity in Public Employment
ART 17
Abolition of Untouchability
ART 18
Abolition of Titles
Right to Freedom
19-22
ART 19
Protection of 6 Rights
Right to freedom of speech and expression.
Right to assemble peaceably and without arms.
Right to form associations or unions or co-operative societies.
Right to move freely throughout the territory of India.
Right to reside and settle in any part of the territory of India.
Right to practice any profession or to carry on any occupation, trade or business.
ART 20
Protection in Respect of Conviction for Offences
ART 21
Protection of Life and Personal Liberty
No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights:
Right to life, and
Right to personal liberty.
The Government of India Act, 1935 provided for the establishment of Article 21 of the Indian Constitution. It declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Article 21 comes under the Part III of the Indian constitution and is one of the fundamental rights guaranteed to all citizens of India
“heart of fundamental rights”
ART 21/ SC
Some of the rights that are currently included in the ambit of Article 21 includes (mentioned in Menaka Case):
It guarantees the right to a dignified life.
Right to live with human dignity.
Right to the decent environment including pollution-free water and air and protection
against hazardous industries.
Right to livelihood.
Right to privacy.
Right to shelter.
Right to health.
Right to free education up to 14 years of age.
Right to free legal aid.
Right against solitary confinement.
Right to a speedy trial.
Right against handcuffing
Right against inhuman treatment.
Right against delayed execution.
Right to travel abroad.
Right against bonded labor.
Right against custodial harassment.
Right to emergency medical aid.
Right to timely medical treatment in a government hospital.
Right not to be driven out of a state.
Right to a fair trial.
Right of prisoner to have necessities of life.
Right of women to be treated with decency and dignity
Right against public hanging.
Right to hearing.
Right to information.
Right to reputation.
Right of appeal from a judgment of conviction
Right to social security and protection of the family
Right to social and economic justice and empowerment
Right against bar fetters
Right to appropriate life insurance policy
Right to sleep
Right to freedom from noise pollution
Right to electricity
ART 21A
Right to Education
