Fundamental Rights Flashcards
Under which article, the constitutional remedy by the way of an application directly to the supreme court, in case fundamental rights only?
Article 32
which article empowers High court to provide remedies for fundamental rights violations?
Article 226
Which articles deal with Fundamental Rights?
Article 12 to 35 under Part III
Which articles deal with the Right to Equality?
Article 14-18
Article 14 deals with?
Equality before the law and equal protection of the law
Which article prohibits discrimination on the ground of caste, gender, religion, race, etc?
Article 15
Which articles ensures equal opportunity in matters of public employment?
Article 16
Which articles abolish the practice of untouchability?
Article 17
Article 18 deals with?
Abolition of Titles except military and academic.
Which articles deal with the Right to Freedom?
Article 19-22
Article 19 provides the right of?
Six rights
Freedom of
Freedom of Speech and Expression
Freedom of Assembly
Freedom of Association
Freedom of Movement
Freedom of Residence
Freedom of Trade & occupation
Which article ensures the protection in respect of conviction (accountability) of offense?
Article 20
Article 20 comes under the Right to Freedom guaranteed as fundamental rights in our constitution. The basic features of article 20 are :
Article 20 (1) : Protection from ex post facto legislation. This basically means that the parliament cannot pass any legislation and give it any retrospective effect. It means that you can be arrested for a crime only if it is a crime today. Let’s say there is an outrage against drinking cola. The government bows to the demands and bans drinking cola and says that anybody who has drunk cola in the past 3 months will be jailed. This clause of article 20 says that laws cannot be given retrospective effect. If today murder is not a crime but then a law is passed, you cannot be arrested for a murder you made earlier. Article 20 (2) : Double jeopardy. No person can be prosecuted for a crime more than once. Article 20 (3) : No person can be forced to become a witness in his own case. This article means that confessions which are made to the police or media is not admissible in a court of law. Only confessions made in front of the judiciary is held valid. This means the probability of police torturing people to make confessions will be less. Another byproduct of this clause is that it essentially rules out polygraph tests and lie detector tests as objects of proof. We can observe that each clause of Article 20 is designed to protect the people against the excesses of the legislature, the judiciary and the executive respectively. These protections are available to both Indians and foreigners for criminal cases only and not for civil cases.
Protection of life and personal liberty comes under which article?
Article 21
Which article was added by the 86th amendment 2002?
Article 21A, provides the right to elementary education
Articles 22 deals with?
Protection against arrest and detention in certain cases
Article 22 is all about protection against arrest and detention in certain cases :-(1)No person is arrested shall be detained in custody without being informed,as soon as maybe of the grounds for such arrest nor shall we be denied the right of consult, and to be defended by ,a legal practitioner of his choice.
(2)every person who is arrested and detained in custody Shall be produced before the nearest magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
Which articles deal with Right against exploitation?
Article 23-24
Traffic in human beings and forced labor is prohibited by which article?
Article 23
Which article prohibits the employment of children in factories etc?
Article 24
Which articles deal with the Right to Freedom of Religion?
Article 25-28