Fundamental Rights Flashcards
The notion of entitlements of rights can be traced back to
Magna Carta of 1215
Constitution makers derived inspiration of fundamental rights from
Bill of Rights from the Constitution of USA
Fundamental Rights articles ranges from
12 - 35
PART III i.e Fundamental Rights is described as
Magna Carta of India
Right to property was deleted in which amendment?
44th Amendment Act, 1978
Fundamental rights can be suspended against National Emergency except for
20 and 21
Six rights guaranteed by Art. 19 can be suspended only
Under external aggression and not on the grounds of armed rebellion (internal emergency)
This was made by 44th CAA 1978
Art 33
armed forces, para military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament
Art 34
FR can be restricted while marital law is in force in any area
Art 35
Parliaments can make law for enforcing FR to maintain uniformity throughout the country.
Doctrine of Harmonious Construction was given by which SC Case?
Kerala Education Bill 1957
Art 12
Defines a State in the context of FR. Includes govt and all its agencies.
Is BCCI a state under Art 12
No, the SC held in Zee Telefilms v. Union of India
Minerva Mills Case 1980
Court asserted that a law made by Parliament under Article 31C would be protected only if it is made to implement directives in Art 39(b) and 39(c) and not any other DPSPs
Is judiciary under State as per Art 12
Rupa Ashok Hurra v. Ashok Hurra 2002 = not under the ambit of state
Naresh Shridar Mirajkar V State of Maharashtra = administrative functions can be termed as a State
Public Authority under RTI Act Section 2(h)
Includes
Constitutional Bodies
Bodies made by Parliamentary Law
Bodies made by State Legislatures
By notifications etc
Art 13
Laws inconsistent with or in derogation of any fundamental rights shall be void.
Art 14
Equality before the law = No privileged class
Equal Protection of Law = Like to be treated alike, under equal circumstances
Rule of Law
AV Dicey
Absence of arbitrary power, equal subjection of all persons to ordinary law.
Exceptions :
President and Governor of States under Art 361 :
1. Not answerable to any court for exercise of functions
2. No process for arrest or imprisonment
3. No criminal proceedings
4. No Civil proceedings until the expiry of two months notice has been delivered.
361 A = No civil or criminal proceedings for publication in a newspaper of a substantially true report of any proceedings
No MP/ MLA shall be liable of anything said or any vote given by him in Parliament/ Legislature or any committee thereof = Art 105 and 194)
Art 31 C = Where Art 31 C comes in Art 14 goes out.
Foreign sovereigns, ambassadors and diplomats
UNO and its agencies.
31 C
Added by the 25th Amendment act
- Law that seeks to implement socialist directive principles specified in Art 39(b) and (c) shall not be void on the ground of contravention of FR by Art 14.
Mandal Commission
Recommended 27% reservation for OBC non creamy layer
National Commission for Backward Classes
Was established in 1993 by an act of Parliament to examine the complaints of under inclusion, over inclusion or non inclusion of any class of citizens in the list of backward classes for the purpose of job reservation.
Concept of Creamy Layer came in which judgment
Indira Sawhney Case 1992
Act that enforces Art 17
Protection of Civil Rights Act 1955
SC ST (Prevention of Atrocities) Act, 1989 and Rules 1995
