fundamental rights Flashcards
How many articles are there in the fundamental rights.?
- artcles 12 to 35 ( 23 articles in total )
what are the six broad categories it is divided into ?
- 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)
what is article 13 for? and what are two clauses?
- 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.
what is doctrine of eclipse ? for which article did it come up for?
- 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.
which amend went against article 13(2) ?
the very 1s amend went against this! there were changes made to article 15(4), 19 (6) , and schedule 9.
1st amend was challenged by which person and what was the output of that case.
Shankar Prasad vs uoi, the court upheld the parliament’s amendment.
which case overturned Shankar prasads case what did it say?
golaknath case it said the parliament has no right to amend.
what did parliament do in response to golaknath case results?
it made the 24 th amend which gave procedure and powers to parliament to amend the constitution.
was the 24 th amend left unchallenged?
no it was challenged in the Keshavananda Bharati case 1973 among other issues.
what was the outcome of kesevananda Bharati case?
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.
what is the first part of the FR about?
its about equality.
what is article 15 for? explain the subclauses.
- 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.
what is article 14 about. ?
- equality before law
- equal protection of law.
article 16 describes what ?
- about public employment and reservation.!
explain the subclauses of Article 16.
- (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. )
what is article 17?
Abolishment of untouchability .
IS article 17 absolute ?
It is only art in the entire const which is absolute.
is untouchability in all religion. ?
no judiciary def it as a practice followed by hindus to disc only on the basis of his birth.
Which act gives punishment for untouchability.
civil rights protection act 1976.
what is the part 2 of the F.R about?
It is about freedom.
what are the articles covered in part 2 of F.R
art 19 - 22.
what are the 2 most important articles of part 2 of FR
article 19 and 21
what is in article 19?how many rights does it have?
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.
list out all the rights related to article 19.
- 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 .
does freedom of association give you right to strike
it does but it is not a FR but rather a legal right.
Under which article does bandh come under?
it does not come under any article, it is illegal.
which is the first and 2nd most liberally interpreted articles in const
article 21 and 19
3 major derivative’s of article 19 (1)
freedom of speech and expression gives rise to
- freedom of press
- freedom of political dissent ( multi party democracy)
- Right to access information.
which act uses the right to access info?
`RTI act tells us how to exactly access the info
what is article 20 also called also?
brakes of the Government.
what does article 20 say and list its subclauses.
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)
Article 21 . what is it?
the most important article of the const, the Right to life article.
article 21 has given rise to many inferences name a few
right to reputation right to privacy right to education right to clean env right to fair trail, shelter
is india a police state cuz of article 21
no it is a constitutional state cuz of article 21.
article 21 A is indirectly related to 51 A(k)?
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)
article 22 is regarding about crime management how?
what are they?
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.
article 23 and 24 is about the same issue what is it?
it is the right against exploitation.
how is article 23 and 24 diff?
23 is about right against human trafficking and forced labour.
24 is about children below 14 against hazardous employment.
which articles represents religion.?
articles 25- 28 represent religion.
what is article 25?
right to practice, profess, propagate any religion of their choice.
what is Article 26 and 27 ?
- religious denomination can maintain their own religious affairs.
- state can’t use tax for one religion but can use it for all religions.
what is article 28 about?
-About educational institutions and about religious propaganda preaching.!
which articles tell us about cultural and educational rights.?
Art 29 and 30.
what does art 29 tell you? how many clauses does it have?
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.
art 30 deals with what?
minority community to establish any educational inst
What is called the teeth of the fundamental rights?
Art 32. it is the right to constitutional remedy.!
which article gives power for all the FR .
Art 32 gives the power.
