Fundamental Rights Flashcards
FRs - Which part of the constitution?
Part III
FRs - Article X to Article Y
Article - 12 to Article - 35
Right to Equality - Belongs to which Articles?
Article - 14 to Article - 18
Right to Freedom - Belongs to which articles?
Article - 19 to Article - 22
Right against Exploitation - Belongs to which articles?
Article - 23 to Article - 24
Right to Religion - Belongs to which articles?
Article - 25 to Article - 28
Right to Culture and Education
Article - 29 to Article - 30
Article - 31
(1) About
(2) Existing or Non - Existing
(3) Present Status
(1) Article - 31: Right to Property
(2) Non - Existing: Repealed in 1978 44th CAA
(3) Article - 300 A incorporates right to property at present
Right to Constitutional Remedies - Belongs to which articles?
Article - 32
Define Article - 12
Definition of State
- Govt and Parliament of India
- Govt and Legislature of states
- All local or other authorities within territory of India or under GOI
Define Article - 13
Any law which is inconsistent or derogatory with the FRs shall be declared as unconstitutional and void till such extent of violation
Define Article - 14
Equality Before Law
• State shall not deny to any person EBL (or) Equal Protection of Laws within the territory of India
Define Article - 15
The state shall not discriminate any citizen on the grounds only of religion, race, caste, sex, place of birth, or any of them
Define Article - 16
Equal opportunities in Public Employment
Define Article - 17
Remember: RAUT
Right Against Untouchability
Define Article - 18
Remember: RAT
Right to Abolition of Titles
• Titles such as King, Queen, etc.
• Education (Doctorate), Military (Commander) are exempted
Define Article - 19
Remember: SAAMRP
Protection of Certain Rights such as
all citizens shall have the right to
(a) Freedom of Speech and Expression
(b) Freedom of Assembly
(c) Freedom of Association
(d) Freedom of Movement
(e) Freedom of Residence
(f) Freedom of Profession
Define Article - 20
Protection in respect of conviction of offences
(1) No Ex-post-facto Law
No person shall be convicted except violated law applicable at the time of act and punishment should not be greater than the damage occurred under the law in force
(2) No double jeopardy
Shall not be punished more than once for the same offence
(3) No self incrimination
Cannot provide witness against himself/herself
Define Article - 21
Protection of Life and Personal Liberty
Define Article - 21(A)
Right to Education
State shall provide free and compulsory education for children of age 6 to 14
Added by 86th CAA (2002)
Define Article - 22
Protection against arrest and detention in certain cases
Define Article - 23
Right against human trafficking and forced labour
Define Article - 24
Prohibition of employment of children in factories, etc.
Children below age 14 shall not be employed in (To be completed)
Define Article - 25
Freedom of conscience and free profession, practice and propagation of religion
Define Article - 26
Freedom to manage religious affairs
Define Article - 27
Tax payers’s money is not used to support or endorse any particular religion
Define Article - 28
Freedom to attend religious instruction/worship in certain educational institutions
Define Article - 29
Right to preserve language and culture of minorities
Define Article - 30
Right to minorities to establish and administer educational institutions
Define Article - 31A
Protects agrarian reforms and estates acquisition laws
Define Article - 31B
Limitation of JR of laws under schedule - IX
Define Article - 31C
Prioritizes DPSPs over FRs
Define Article - 32
Right to Constitutional Remedies (Heart and Soul of the Constitution)
Habeas Corpus (Right to Arrested)
Mandamus (To perform official duties)
Prohibition (HC → LC Prevents future jurisdiction)
Quo Warranto (Legality of occupying Public office)
Certiorari (HC → LC to shift the case (or) quash the order)
Define Article - 33
Parliament can restrict FRs of members of Armed Forces, Para Military Forces, Police Forces, Intelligence Forces, and Analogous Services
Define Article - 34
Parliament can curtail FRs during Martial (Military Rule) Law
Define Article - 35
Parliament has exclusive power to make certain laws rather the state legislatures
Which articles are enforceable against the state and individual?
A17, A23, and A24
Which FRs are restricted (or) available during National Emergency?
Only A20 and A21 are available during an emergency. However, A19 is available if emergency is based on armed rebellion (internal emergency) rather war/external aggression (external emergency)
Exceptions of A14 Equality Before Law
- A361: President/Governor (Not Answerable, No Criminal Proceedings, No process of Arrest, No Civil proceedings)
- A361A: Person who published substantially true reports on proceedings of either houses of Parliament (or) Legislature of a state
- A105: MP not subject to any proceedings in court with respect to anything said (or) any vote in the house
- A194: MLA/MLC not subject to any proceedings with respect to anything said (or) any vote in the house
- A31(C): Promotes DPSPs over FRs
Parliament can amend FRs using?
Article 368
Which of the articles are non - self enforceable in nature?
Remember: RAUT, RAT, RTEd, RAAE
A17; A18; A21 - A, A23, A24
Note: These are also known as Incomplete FRs
