FR Flashcards
No more fear of Fundamental Rights, vamos.
1
Q
List OG FRs
A
seven OG FR
- Rt Equality 14-18
- Rt freedom 19-22
- Rt agn exploitation 23-24
4.Rt Freedom of Religion 25-28
5.Cultural and Edu Rights 29-30
6.Rt to Property 31
7.Rt to Const Remedies 32
2
Q
FRs start from which articles
A
12-35
3
Q
A12
A
State includes
- Govt of India and Parliament
- State govts and legislatures
- All local authorities
- All other authorities- statutory, non-statutory, etc.
within territory/control of GoI.
SC- even pvt body/ agency - working instrument of State.
4
Q
Are pvt bodies included in A12’s def of state
A
Yes, but only those working as instrument of State. Acc to SC.
5
Q
A12 includes how many things as state
A
4
6
Q
A13
A
Laws inconsistent with or in derogation of any of FR (shall be void.)
(1) Laws in force before comm of C
(2) Laws made by state.
(3) (a) law includes ordinance, order, bye-law, rule, regulation, notification, custom or usage.
[OO-B-RR-N-CU] [OreO Be Round aNd CUte]
(3) (b) laws in force includes laws passed by Parliament and State legislatures before comm of C & not previously repealed.
(4) nothing in A13 applies to any amendment under A368.
7
Q
Law acc to 13 includes
A
- Permanent laws- P and St leg
- Temp laws- Prez and Gov- ordinances
- Statutory inst in nat of delegated leg- Order, Bye-law, Rule, Regulation, or notif.
- Non leg source sources of law- custom, usage.
8
Q
Is CAA a law under A13?
Judgement?
Reason ?
A
No.
Acc to K Bharti case 1973.
But SC can do J Review if CAA violates Basic str.
9
Q
A13 gives SC and HC what power ?
Which articles?
A
Judicial review.
SC- A32
HC- A226.
10
Q
A14
A
11
Q
A15
A
12
Q
A16
A
13
Q
A17
A
14
Q
A18
A
15
Q
A19
A
16
Q
A20
A
17
Q
A21
A
18
Q
A21A
A
19
Q
A22
A
20
Q
A23 ?
Available agn?
To whom?
A
- Prohibition of traffic in human beings and forced labour
(1)
- Traffic in human beings
- beggar
- and other similar forms of forced labour
- are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
(2) State can impose compulsory service for public purpose but shall not discriminate on grounds only of religion, race, caste or class or any of them.
Not given in article:
-Available to citizens and non citizens
- agn state and private persons.
21
Q
A24?
An imp act?
A
- Prohibition of employment of children in factories, etc.
No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
- Child Labor (Prohibition and Regulation) Act 1986.
22
Q
A25
A
25.
-Freedom of conscience and free
-profession,
-practice and
-propagation of religion
(1)
Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
(2)
Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
(a)
regulating or restricting any economic, financial, political or other secular activity which maybe associated with religious practice;
(b)
providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II.—reference to Hindus includes Sikh, Jaina or Buddhist religion.
23
Q
A26
A
- Freedom to manage religious affairs
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—
(a)
to establish and maintain institutions for religious and charitable purposes;
(b)
to manage its own affairs in matters of religion;
(c)
to own and acquire movable and immovable property; and
(d)
to administer such property in accordance with law.
24
Q
A27
A
25
A28
26
A29
27
A30
28
A31
29
A32
30
A33 title?
applies to whom?
amendment?
2 intentions of the act?
can be used by whom to make laws? can this law be challenged in courts?
33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
in their application to mem/ employees of -
(a) Armed Forces
(b Public order forces
(c) Intell or counter intell
(d) telecom sys set up for the purposes of any Force.
- 50th CAA 1984, dealt w/ A 33 majorly.
Intentions
1. Discharge of duties
2. Discipline among forces.
- Only Parlia can make laws not the st leg
- such laws cant be questioned in courts on violation of FRs.
31
A34
34. Restriction on rights conferred by this Part while martial law is in force in any area
- Notwithstanding anything in Part III ie FRs
- Parliament may by law indemnify
- any person in the service of the State
- for act done by him
- in maintenance or restoration of order
- where martial law was in force
32
A35
35. Legislation to give effect to the provisions of this Part
Notwithstanding anything in this Constitution,—
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws—
(i)
a. Permanent residence as a condition under A16
b. Empowering courts other than SC/HC to issue directions, orders and writs of all kinds for enforcing FRs. A32
c. Restricting appli of FRs to armed forces A33
d. Indemnifying person for an act under martial law A34.
(ii) for prescribing punishment for those acts which are declared to be offences under this Part;
1. Untouchability A17
2. Traffic in human beings and forced labor A23
and Parliament shall, as soon as may be after the commencement of this C- ie its obligatory for the parliament.
(b)
any law in force immediately before the commencement of this C continue in force until altered or repealed or amended by Parliament.
33
Eq of law and Eq protection of law taken from
1. Britain
2. USA
34
Word person in A14 includes
1. Citizens
2. Foreigners
3. Legal persons- statutory cops, companies, registered societies, others.
35
What is Eq before law (3 pts)
1. Ab of spl privileges
2. Eq subjection of all b4 law
3. No one abv law
36
What is equal protection of law (3 pts)
1. eq treatment in eq circum in privileges & liabilities.
2. similar app to similarly situated.
3. like treated alike.
37
What is negative and positive bw
Eq of L and
Eq protection b4 law
Eq b4 law= negative
Eq protection b4 law= Positive
38
3 Components of AV Dicey's concept of Rule of Law.
Which are applicable to India?
1. Absence of arbitrary power.
2. Equality before law.
3. Primacy of rights. Constitution a result of rights not vv.
Only 1nd and 2nd applicable to India as in India C is the source of rights.
39
Eq before law is a component of
AV Dicey's concept of Rule of Law.
40
Is rule of law enshrined in A14 a part of Basic Str
Yes.
41
A361 title and text
361. Protection of President and Governors and Rajpramukhs
(1) not be answerable to any court for performance of the powers and duties of his office except for the investigation of a charge under article 61.
(2) No criminal proceedings can be instituted or continued against the P/ Gov, in any court during his term of office.
(3) No process for the arrest or imprisonment of the P/Gov, shall issue from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the P/G , shall be instituted during his term of office in any court until the expiration of 2 months next after notice.
42
Exceptions to A14
1. 361 (P/G)
2. 361-A (No c/c for pub of true report of House proceedings)
3. 105 (MPs- no court for saying/ vote in Parlia/ comm)
4. 194 (MLAs and MLCs- no court for saying/ vote in Leg/comm)
5. 31-C (A39 b,c)
6. foreign diplomats- both civil and criminal
7. UNO & its agencies
43
How many exceptions to A14?
7
44
50 th CAA
50th CAA 1984, dealt with the modification of A33.
- amended to include intell and counter intell bureaus employees,
- telecom systems employees related to any Force, bureau, or org.
45
the expression 'members of armed forces includes' who in A33
Combatants and Non-combatants
46
Who can make laws using A33
Only Parliament.
Not state legislatures.
47
Can laws made under A33 be challenged in courts on violation of FRs ?
No.
OFU: That's their very purpose.
48
Can a law under A33 exclude Court martials from writ jurisdiction?
Yes, as long as FRs are concerned.
49
Can an Act of Indemnity made by Parliament be challenged on violation of FRs ?
NO.
50
Does the C define martial law ?
No.
Its taken from English Common Law.
51
Does C have any specific provision for declaring martial law?
No. Its implicit in A34
52
A34/Martial law does not suspend which FR?
Doesn't ipso facto (by the very fact ) suspend the Writ of Habeas Corpus.
Acc to SC.
53
How is A34 diff from A352
A34
- suspends only FR not other parts
- suspends govt and ordinary courts.
- Can be imposed for any reason not just war, ext agg/ armed reb.
- imposed only in specific parts
- no spl provision in C. Is implicit.
A352 (Nat emergency)
- affects FR, Fed Str, Parlia tenure
- continues govt and courts
- war/ext agg/ armed reb
- whole country/part
- explicit.
54
A35 and state list
A35 extends Parliaments leg powers over the subjects of state list that are mentioned in A35.
55
Exception to A23
State can impose compulsory service for public purpose but shall not discriminate on grounds only of religion, race, caste or class or any of them.
56
What does the expression 'Traffic in human beings' mean in A23?
Which acts ?
1. Selling & buying of men, women, and children like goods.
2. Immoral traffic in women and children, including prostitution.
3. Devadasis
4. Slavery
Immoral Traffic (Prevention) Act, 1956.
Bonded Labor System (Abolition) Act 1976
57
Do prisoners need to be paid for prison labor work?
Yes.
Otherwise violation of A23, acc to SC.
58
The right to receive timely and minimum wages is an essential component of ?
A23
59
What kind of work can children below 14yrs do ?
Harmless/ innocent work.
60
Child Labour Rehabilitation Welfare Fund
Est on directions of SC in 1996. Offenders of A24 to pay a fine of 20k for each child employed.
61
Commissions for Protection of Child Rights Act 2005 est what?
National and State Commissions for Protection of Child Rights and
Children's Courts.
62
In which year did govt ban employment of children as domestic servants in business establishments, etc?
2006
63
Latest Act enforcing A24
Child Labour (Prohibition and Regulation) Amendment Act 2016.
It amended the 1986 Act.
64
List some landmark judgements that enforced A24
1. M.C. Mehta v. State of Tamil Nadu (1997)
---firecracker industry.
2. People's Union for Democratic Rights v. UoI (1982)--- matchbox factories.
3, Bachpan Bachao Andolan v. UoI (2011)
---various industries, including carpet weaving.
65
A24 is closely linked to which article and why?
to Article 21A, which guarantees the right to education for children between the ages of 6 and 14 years.
By prohibiting child labor, Article 24 promotes the realization of the right to education and ensures that children have the opportunity to develop their potential and skills through proper schooling.
66
Subject to/ Exceptions to/ Reasonable restrictions on A25
(1) Subject to
-public order,
-morality,
-Health and
-other provisions related to FRs.
[PM Health Offer]
(2)(a) Law regulating or restricting any
-economic,
-financial,
-political or
-other secular activity
which maybe associated with religious practice;
(2)(b) Law providing for
-social welfare
-reform or
-the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
67
A26 subject to/ reasonable restriction/ exceptions
Subject to only
-public order
-morality
-Health
[PM-H]
68
A25 distinguishes bw what types of activities of religious institutions ?
between religious practices and secular activities associated with religious institutions.
The state can regulate or restrict secular activities that may be associated with religious practices, such as social reforms, economic activities, and other activities unrelated to the core aspects of religion.
69
Does A25 include the right of forcible conversion?
No.
Only of transmission and dissemination of their religion. (Right to Propagate)
70
Forcible conversions impinge on what
Freedom of Conscience (A25)
71
A25 covers what aspects of a religion?
1. Religious beliefs/doctrines
2. Religious practices/ rituals.
72
A25 available to whom?
Citizens and non citizens both.
73
Is the service of a priest a secular activity?
Can it be regulated by the state under clause 2 of Article 25 ?
What case?
Yes.
Yes.
Case: Vaishno Devi Shrine, Board v. State of Jammu and Kashmir, AIR 1997,
Challenged: validity of Jammu and Kashmir Mata Vaishno Devi Shrine Act, 1988, made for better management and governance of the temple.
Judgement:
1. It abolished the hereditary post of the priests and gave the power to the state to make the appointment of priests.
2. SC held that service of a priest is a secular activity and it can be regulated by the state under clause 2 of Article 25.
74
Crux of Shayara Bano Case
In the case, Shayara Bano v. Union of India (Triple Talaq case), a 5 judges bench of the Supreme Court discussed whether the practice of Talaq-e-biddat (triple talaq) is a matter of faith to the Muslims and whether it is constituent to their personal law. By a 3:2 majority, the court ruled that the practice of Talaq-e-biddat is illegal and unconstitutional. The court also held that an injunction would continue to bar the Muslim male from practicing triple talaq till a legislation is enacted for that purpose.
75
Is the following essential features of a religion?
1. Tandava dance which is followed by the community of Anand Marga
No. Acc to the case of Acharya Jadishwaranand Avadhuta v. Commissioner of Police, Calcutta, 1984 (Anand Marga Case),
76
Which article stipulates that state can't interfere in the essential features of a religion?
A25
77
The Aurobindo Ashram case dealt with which Articles ?
What was the judgement?
A25, 26.
Case of S.P. Mittal v. UoI 1983
Challenged :the validity of the Aurobindo (Emergency Provisions) Act, 1980
Judgement: The court decided that the sayings of Sri Aurobindo were not religious institutions. So the taking over of the Aurobindo Ashram by the Government did not infringe Article 25 and 26 of the Indian Constitution.
78
FR parallel in UK?
No single document (Derived from Common Law, Magna Carta, Human Rights Act 1998)
79
FR parallel in USA?
Bill of Rights.
First 10 Amendments to the US Constitution (1791)
