Fundamental Rights Flashcards
“Secular and Socialist” was added u/ what Amendment Act?
42nd Amendment Act 1976
Name the Writs u/ Art 32
Habeas Corpus Mandamus Certiorari Prohibition Quo Warranto
Rights suspended during National Emergency
All except Art 21 & 22
Originally there were 7 FRs included in COI. How many are there now and what was excluded?
Now there are 6
Art 31= Right to Property was removed by 44th Am Act 1978
How many Art in FRs Part?
Part III has Art from Art 12- 35
FRs were inspired by…
Bill of Rights = US Constitution
Where was the Right to property shifted to?
Art 300A- Part XII
What kind of right is the right to property?
Legal right
Name the FRs available in COI
Right to equality- Art 14- 18 Right to Freedom- Art 19- 22 Right against Exploitation- Art 23 & 24 Right to Freedom of Religion- Art 25- 28 Cultural and Educational Rights- Art 29-30 Right to Constitutional remedies- Art 32
Right to Equality includes
Equality before law & equal protection of laws
Equality before law meaning…
everyone is equal before the law
no one is above the law
absence of any special privileges in favor of anyone
Who gave the principle of Rule of Law?
A V Dicey
What is Rule of law?
- absence of arbitrary power = no man is punished except for breach of law
- equality before law
- primacy of rights of individual = meaning const is a result of rights of individual
Which aspect of Rule of law is not applicable in India and why?
the primacy of rights of the individual
b/c COI is the source of individual rights in India
Equal protection of laws meaning…
equal treatment u/ equal circumstances
similar application of laws to those in similar situations
like should be treated alike w/out any discrimination
Exceptions to Art 14
- Pres & Gov enjoy immunities (Ar. 361)
- No one is liable to any civil/ criminal proceedings w.r.t. pub of the substantially true report of any proceeding in Par/ St. LA (Ar. 361A)
- UNO + its agencies = diplomatic immunity
- Foreign sovereigns, Amb, diplomats = diplomatic immunity
- No MP/ MLA is liable for anything said/ vote given in Par/ Committee (Ar. 105 + 194)
- Laws made by St. to implement DPSP u/ Ar 39 (b)/(c) cannot be challenged (Ar. 31-C)
What is Art 15?
Prohibition against discrimination
On what basis can a person not be discriminated against u/ Art 15?
Caste, Religion, Race, Region, Sex, Place of birth
Who can mandamus apply against?
Judicial and Administrative authorities
Who does prohibition apply against?
only judicial or quasi-judicial authorities
What are natural rights?
rights that are universal rights which are inherent in every individual being a part of human nature
What are civil rights?
rights that a citizen of a country enjoy & are conferred by the constitution or the law of the country
Rights that are available ONLY to citizens are…
Article 15, 16, 19, 20 & 29
Habeas Corpus is invoked for
Unlawful detention
Mandamus is invoked for
Non- performance of public duties
Quo Warranto is invoked for
Unlawful Occupation
Certiorari is invoked for
Correctional directions to subordinate courts
Are Art 14 and 19 available to Armed Forces?
Only based on law passed by Parliament
Which part of Art 15 is applicable to State and private person?
no citizen shall be subjected to any disability, liability, restriction on basis of Religion, Race, Caste, Sex, PoB
w.r.t. access to public places [shopes, hotels, pub restrooms etc. pub entertainment] + use of wells, tanks, roads, etc. maintained by St [wholly/partly] for public use
U/ Art 15 special provision can be made for …
Women + children
advancement of SC/ ST + SEBC
Art 15 provides exception in case of SEBC + SC/ST in case of admission to educational institution except in case of…
minority educational institution
What kind of reservation was given to Eco Weaker Section (EWS)?
103rd Am Act 2019 inserted Art 15(6)(b) + Art 16(6) to empower St to make special provision for the advancement of EWS by providing reservation of 10% to EWS in edu institution and appointments/ posts respectively
Is the 10% EWS reservation u/ Art 15 + 16 inclusive of existing reservations?
No. it is provided in addition to existing reservations
What is EWS as per COI?
Eco Weaker Sections of society who are not covered u/ existing schemes of reservation for SC/ST/ OBC
What did COI originally look like in terms of reservation?
Originally reservation was only provided to SC/ST + Women and Children
When was OBC added to be covered u/ provision of Art 15?
Mandal Commission recommended adding OBC to reservation scheme for govt jobs (27% quota) = 1978.
It was inserted in COI = 1991 by Narasimha Rao govt
What was the judgment laid down in Indira Sawhney Case 1992 regarding reservation?
- upheld 27% quota for OBC in govt jobs
- struck down notification for EWS = 10%
- est ceiling limit of reservation not to exceed 50%
- concept of creamy layer
- reservation should be confined to initial appointments only = not promotions
- carry forward rule allowed in case of vacancies but total should not be more than 50 %
When was Nat Commission for BC est?
1993
Who appointed Mandal Commission?
Morarji Desai govt in 1978
93rd Am Act 2005
inserted Ar 15 (5) which empowers St to make special provision, for the advancement of any SEBC + SC/ST in matters of admission to edu institutions
What does Equality of Opportunity mean?
means equal opportunities to all citizens in case of pub employment/ appointment and
no discrimination on basis of R R C S P descent, residence for any pub employment
How many clauses u/ Art 16?
Art 16 [1,2,3,4,4A,4B,5,6] = 8 clauses
How many clauses u/ Art 15?
Art 15 [1,2,3,4,5,6] = 6 clauses
What is the heart and soul of COI? Who said it?
Art 32 ; BR Ambedkar
What is creamy layer?
Refer to some members of BC who are highly advanced socially as well as eco and edu. They constitute the forward section of that particular backward class – as forward as any other forward class member.
Who introduced creamy layer in case of reservation? In what sense
SC in Indira Sawhney Case 1992
Creamy layer of the BC to be excluded from the scheme of reservations provided u/ Art 15 and 16
Does reservation for SC/ ST class apply to promotions?
Yes.
It was inserted by 77th Am Act 1995 u/ Art 16(4A)
allowing govt to make provisions for reservation in the matter of promotion w/ consequential seniority in favour of SC/ST not adequately represented in services u/ the State
Does reservation for SC/ ST class apply to consequential seniority in case of promotions?
Yes.
It was inserted by 85th Am Act 2001 u/ Art 16(4A)
allowing govt to make provisions for reservation in the matter of promotion w/ consequential seniority, in favour of SC/ST not adequately represented in services u/ the State
Which Art provides for the abolition of untouchability?
Art 17
Is Art 17 an absolute right?
Yes
The statute that provides practice of untouchability as punishable is …
Protection of Civil Rights Act 1955
Does Const define untouchability?
No
Art 18 provides for…
Abolition of Titles
Why are titles abolished?
b/c its against equality of status
Do national awards fall w/in meaning of titles u/ Art 18? Why or why not?
No. SC upheld the validity of National awards like Bharat Ratna, Padma Vibhushan, Padma Bhushan etc.
b/c it’s based on merit and equality u/ COI does not mandate merit to not be recognized.
How many freedoms u/ Art 19?
6
How many freedoms originally u/ Art 19? What was added/ removed?
7 originally Art 19 (1) (g) removed by 44th Am Act 1978= Right to acquire, hold & dispose of property
What are the freedoms provided u/ Art 19?
Freedom of Speech and Expression
Right to assemble peaceably w/out arms
to form associations/ unions/ coop societies
to move freely throughout the territory of India
to reside and settle in any part of terr of India
to practice any profession/ carry out any occupation/ trade/ business
Does Art 19 apply to foreigners?
No
Are the freedoms u/ Art 19 absolute?
No= they are subject to reasonable restrictions which are mentioned u/ Art 19 itself
Does freedom of speech include freedom of press?
Yes
Does freedom of speech include freedom of silence?
Yes
Does right to assemble include right to strike?
No, only to demonstrate or pickett
What restrictions apply to Freedom of Speech and Expression?
interest of sovereignty + integrity of India, security of the state, friendly relations with foreign states, public order, decency and morality contempt of court, defamation incitement to an offence
What restrictions apply to Right to Assembly?
interests of the sovereignty and integrity of the country and public order.
Where can one exercise their right to assemble?
only on public land
What statutory provisions are provided to implement the restrictions of Right to assembly?
Sec 144 CrPC
Sec 141 IPC
What restrictions apply to Freedom of Association?
Sovereignty and Integrity of India
Pub Order
Morality
What restrictions apply to Freedom of movement?
security, public order, or for protecting the interests of the Scheduled Tribes.
What restrictions apply to Freedom of Residence?
security, public order or for protecting the interests of the Scheduled Tribes.
What is the intention behind Freedom of Movement and Residence?
To recognise India as 1 unit
to remove internal barriers of language, culture, in India, btw Sts and UTs
to promote nationalism and avoid narrowmindedness
Does the right to residence include settling?
Yes, the difference is in the length of the period of stay. Citizen has right to stay temporarily or permanently in any part of Terr of India subject to reasonable restrictions
