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Fundamental duties and rights. > fundamental rights > Flashcards

fundamental rights Flashcards

1
Q

How many articles are there in the fundamental rights.?

A
  • artcles 12 to 35 ( 23 articles in total )
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2
Q

what are the six broad categories it is divided into ?

A
  • equality ( 14 - 18 )
  • freedom ( 19 -22)
  • against exploitation ( 23 , 24 )
  • right to religion ( 25 - 28 )
  • cultural and educational rights ( 29,30 )
  • right to constitutional remedy ( 32)
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3
Q

what is article 13 for? and what are two clauses?

A
  • it is for voiding the laws that are unconstitutional.
  • 13 (1) - any pre const law which goes against the constitution will be void to the extent of the violation.
  • 13 (2) - state shall not make any law which goes against part 3 if it does so, that will be declared null and void.
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4
Q

what is doctrine of eclipse ? for which article did it come up for?

A
  • it came up for pre const laws, to suspend the laws which were against the F R instead of scrapping them , later extended them to post const laws too.
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5
Q

which amend went against article 13(2) ?

A

the very 1s amend went against this! there were changes made to article 15(4), 19 (6) , and schedule 9.

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6
Q

1st amend was challenged by which person and what was the output of that case.

A

Shankar Prasad vs uoi, the court upheld the parliament’s amendment.

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7
Q

which case overturned Shankar prasads case what did it say?

A

golaknath case it said the parliament has no right to amend.

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8
Q

what did parliament do in response to golaknath case results?

A

it made the 24 th amend which gave procedure and powers to parliament to amend the constitution.

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9
Q

was the 24 th amend left unchallenged?

A

no it was challenged in the Keshavananda Bharati case 1973 among other issues.

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10
Q

what was the outcome of kesevananda Bharati case?

A

court upheld the 24 th amend and said that parliament has the powers to amend the const as along they don’t deviate from the basic structure.

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11
Q

what is the first part of the FR about?

A

its about equality.

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12
Q

what is article 15 for? explain the subclauses.

A
  • against discrimination and empowering state to make special provisions.
    15(1)- prohibit state from disc on basis of R,R,C,S,P.O.B.
    (2) - state and individual against access to public places.
    (3) - against 15(1) positive disc for women and child
    (4) - empower state to make special provisions for socially and educationally bcwrd.
    (5) - E> S.P for admission in Edu inst.
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13
Q

what is article 14 about. ?

A
  • equality before law

- equal protection of law.

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14
Q

article 16 describes what ?

A
  • about public employment and reservation.!
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15
Q

explain the subclauses of Article 16.

A
  • (1) equal opportunity for all in regards of public employment .
    (2) state shall not disc bases on R,R etc.
    (3) can disc on basis of residency ( mulk rule )
    (4) reservation for obc for 27 percent. - including concept of creamy layer and only in initial stage.
    (4 A) reservation of sc/st in case of promotions.
    (5) employment disc based on religion allowed in religious boards. ( Wakf board. )
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16
Q

what is article 17?

A

Abolishment of untouchability .

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17
Q

IS article 17 absolute ?

A

It is only art in the entire const which is absolute.

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18
Q

is untouchability in all religion. ?

A

no judiciary def it as a practice followed by hindus to disc only on the basis of his birth.

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19
Q

Which act gives punishment for untouchability.

A

civil rights protection act 1976.

20
Q

what is the part 2 of the F.R about?

A

It is about freedom.

21
Q

what are the articles covered in part 2 of F.R

A

art 19 - 22.

22
Q

what are the 2 most important articles of part 2 of FR

A

article 19 and 21

23
Q

what is in article 19?how many rights does it have?

A 
article 19 (1) (a-g) originally 7 but now 6 as 19 (1) f removed
it is on the various freedom rights a individual has.
24
Q

list out all the rights related to article 19.

A
  • freedom of speech and expression
  • freedom of assembly
  • freedom of association
  • freedom of movement
  • freedom of residency and settlement
  • freedom of property ( now removed from FR 44th amend)
  • freedom of vocation .
25
Q

does freedom of association give you right to strike

A

it does but it is not a FR but rather a legal right.

26
Q

Under which article does bandh come under?

A

it does not come under any article, it is illegal.

27
Q

which is the first and 2nd most liberally interpreted articles in const

A

article 21 and 19

28
Q

3 major derivative’s of article 19 (1)

A

freedom of speech and expression gives rise to

  • freedom of press
  • freedom of political dissent ( multi party democracy)
  • Right to access information.
29
Q

which act uses the right to access info?

A

`RTI act tells us how to exactly access the info

30
Q

what is article 20 also called also?

A

brakes of the Government.

31
Q

what does article 20 say and list its subclauses.

A

article 20 is in general for punishment rules.

1) prohibit ex post facto. (Nirbhaya
(2) double jeopardy
(3) can’t give evidence against own. (narcotest)

32
Q

Article 21 . what is it?

A

the most important article of the const, the Right to life article.

33
Q

article 21 has given rise to many inferences name a few

A 
right to reputation 
right to privacy
right to education 
right to clean env
right to fair trail, shelter
34
Q

is india a police state cuz of article 21

A

no it is a constitutional state cuz of article 21.

35
Q

article 21 A is indirectly related to 51 A(k)?

A

cuz article gives the fundamental right of a child age bw (6 to 14) to get free education. but however its the fundamental duty of the parent to send them to school.which was added in article 51A(k)

36
Q

article 22 is regarding about crime management how?

what are they?

A

it is about the rights of the individual who gets arrested.

  • right to know the reason of arrest and right to lawyer.
  • produced to nearest magistrate in 24 hrs
  • can’t be detained more than the detention time allotted.
37
Q

article 23 and 24 is about the same issue what is it?

A

it is the right against exploitation.

38
Q

how is article 23 and 24 diff?

A

23 is about right against human trafficking and forced labour.
24 is about children below 14 against hazardous employment.

39
Q

which articles represents religion.?

A

articles 25- 28 represent religion.

40
Q

what is article 25?

A

right to practice, profess, propagate any religion of their choice.

41
Q

what is Article 26 and 27 ?

A
  • religious denomination can maintain their own religious affairs.
  • state can’t use tax for one religion but can use it for all religions.
42
Q

what is article 28 about?

A

-About educational institutions and about religious propaganda preaching.!

43
Q

which articles tell us about cultural and educational rights.?

A

Art 29 and 30.

44
Q

what does art 29 tell you? how many clauses does it have?

A

Its protection of interest of minorities, but it applies to all.
had 2 clauses ?
- 29(2) no citizen can be denied admission in Educational institutions on grounds of R,R,C,Lang.

45
Q

art 30 deals with what?

A

minority community to establish any educational inst

46
Q

What is called the teeth of the fundamental rights?

A

Art 32. it is the right to constitutional remedy.!

47
Q

which article gives power for all the FR .

A

Art 32 gives the power.

Fundamental duties and rights. (2 decks)

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