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Indian Polity > P3/12-35 Fundamental Rights In Short > Flashcards

P3/12-35 Fundamental Rights In Short Flashcards

1
Q

Article 12

A

Defines “state” for the purposes of Part 3 of the constitution, related to the Fundamental Rights:
• Union govt: Government (executive) and Parliament (legislative) of India
• State govt: Government (executive) and Parliament (legislative) of States
• Local authorities: municipalities, Panchayats, district boards etc
• Other statutory and non statutory authorities: LIC, ONGC, SAIL etc

Actions of all above bodies can be challenged in the courts as violating of the fundamental rights.

According to SC, even the private bodies/agencies working as an instrument of the state, falls within the definition of state as per Art 12.

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2
Q

Article 13

A

Declares all laws INCONSISTENT with or in DEROGATION of fundamental rights shall be VOID.
• Provides doctrine of JUDICIAL REVIEW.
• Wide interpretation of the term LAW, includes:
- Permanent laws: enacted by Parliament or state legislatures
- Temporary laws: ordinances
- Statutory instruments: order, bye-law, rule, regulation, notification
- Non legislative sources of law: customs or usage having the force of law
• Declares CONSTITUTIONAL AMENDMENT is NOT a LAW hence CANNOT BE CHALLENGED; but in Kesavananda Bharati Case 1973, SC held that constitutional amendment can be challenged on the ground that it violates the FR that forms a part of the BASIC STRUCTURE of the constitution, and hence can be declared as void.

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4
Q

Article 15

A 
Prohibition of discrimination on the basis of:
Religion 
Race
Cast
Sex
Place of birth
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5
Q

Article 16

A

Equality of opportunity in matters of public employment

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6
Q

Which articles talks about Right to equality?

A

14 to 18

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7
Q

Which articles talks about Right to freedom?

A

19 to 22

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8
Q

Which articles talks about Right against exploitation?

A

23-24

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9
Q

Which articles talks about Right to freedom of religion?

A

25 to 28

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10
Q

Which articles talks about cultural and educational rights?

A

29-30

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11
Q

Which article talks about Rights to constitutional remedies?

A

32

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12
Q

Article 17

A

Abolition of untouchability and prohibition of its practice

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13
Q

Article 18

A

Abolition of titles except academic and national awards

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14
Q

Article 19

A 
Protection of 6 rights regarding freedom of:
Speech and expression 
Assembly 
Association 
Movement 
Residence
Profession
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15
Q

Article 20

A

Grants protection against arbitrary and excessive punishment to an accused person (citizen or foreigner or legal person). Contains three provisions:

  1. No ex-post-facto law (epfl is an law that imposes penalties retrospectively/retroactively): person shall be prosecuted and punished on by law in existence at that point of time. Only in matters of criminal laws.
  2. No double jeopardy: no person accused for any offence shall be prosecuted and punished for the same offence twice
  3. No self-incrimination: no person accused of any offence shall be compelled to be a witness against himself
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16
Q

Article 21

A 
Protection of life and personal liberty.
No person (citizens or non-citizen) shall be deprived of his life or personal liberty EXCEPT according to procedure established by law.
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17
Q

Article 21A

A

Right to elementary education only. Declares that State shall provide FREE and COMPULSORY EDUCATION to ALL CHILDREN till 6 yrs of age.

Added by 86th CAA 2002. Considered as a milestone. Govt. described it as “dawn of the 2nd revolution in the chapter of citizens’ rights’.

It changed the subject matter of Art 45 in DPSP.

Added fundamental duty under Art 51A.

Subject to economic capacity of the state.

18
Q

Article 22

A

Protection against arrest and detention in certain cases.

Two parts, first part deals with cases of ORDINARY LAW and second part deals with the cases of PREVENTIVE DETENTION LAW.

Part 1: rights of a person arrested or detained under ORDINARY LAW:
• to be informed of the grounds of arrest
• consult and be defended by a legal practitioner
• to be produced before a magistrate within 24 hrs
• to be released after 24 hrs, unless magistrate authorises further detention

These safeguards are NOT available to an ALIEN or person arrested or detained under a preventive law.

Apply ONLY to an act of a criminal or quasi-criminal nature or some activity prejudicial to public interest.

Part 2: protection to person/s arrested or detained under a preventive detention law. Available to both citizens and aliens. Includes:

  • detention CANNOT exceed 3 months unless advisory boards (judges of HC) authorisation.
  • grounds of detention (if not against public interest) to be communicated to detenu.
  • detenu should be afforded an opportunity to make a representation against the detention order.

NO DEMOCRATIC COUNTRY IN THE WORLD HAS MADE PREVENTIVE DETENTION AS AN INTEGRAL PART OF THE CONSTITUTION AS HAS BEEN DONE IN INDIA. It existed even during the British rule.

19
Q

Article 23

A

Protection from human trafficking and forced labour

20
Q

Article 24

A

Prohibition of employment of children (<14) in factory, mine, or other HAZARDOUS activities. In 2006, govt banned employment of children as domestic servants, in hotels, shops etc.

  • Important Act: Child Labour (prohibition and regulation) Act, 1986
  • In 1996, SC directed establishment of Child Labour Rehabilitation Welfare Fund. Offender fined ₹20,000 for each child such employed, also issued directions for the improvement of education, health and nutrition of children.
  • Commissions for Protection of Child Rights Act, 2005, provided for estb of National and State Commissions for Protection of Child Rights and Children’s Courts.
21
Q

Article 25

A

Freedom of conscience and free profession, practice, and propagation of religion.

22
Q

Article 26

A

Freedom to manage religious affairs

23
Q

Article 27

A

Freedom from payment of taxes for promotion of any religion

24
Q

Article 28

A

Freedom from attending religious instructions or worship in certain (fully state funded) educational institutions.

25
Q

Article 29

A

Protection of language, script, and culture of minorities

26
Q

Article 30

A

Right of minorities to establish and administer educational institutions.

27
Q

Article 31

A

REPEALED compulsory acquisition of property

28
Q

Article 31A

A

Saves 5 categories of laws from being challenged and invalidated on the grounds of contravention of FRs conferred by Art 14 (equality before law and equal protection of laws) and Art 19 (6 rights of freedom)

  1. ACQUISITION of ESTATES and related rights BY STATES.
  2. TAKING OVER of MANAGEMENT of PROPERTIES BY STATES.
  3. AMALGAMATION of CORPORATIONS.
  4. Extinguishment/modification of rights of directors/shareholders/corporations etc.
  5. Extinguishment/modification of MINING LEASES.

DOES NOT IMMUNISE STATE LAW FROM JUDICIAL REVIEW unless reserved for Presidents consent or received his assent.

Also provides for compensation at market value if state acquires land under cultivation (within statutory ceiling limit)

29
Q

Scope of operation of fundamental rights is limited by which articles in the constitution?

A

31A-B-C, these articles basically gives almost absolute power and immunity to govt. to enact any law related to:
31A: Acquisition of estates
31B: Validation of certain acts and regulations included in 9th schedule
31C: DPSP
That might be in conflict of certain fundamental rights. I.e. Nobody can challenge laws related to above subjects on the grounds of inconsistency or abrogation of fundamental rights, given they’re enacted through proper constitutional process.

30
Q

Article 31B

A

Saves Acts and regulations included in 9th schedule from being challenged or invalidated on the grounds of contravention of any of the FRs.

NO IMMUNITY FROM JUDICIAL REVIEW. Laws placed under 9th schedule after 1973 are OPEN to challenge in court if they violated FRs guaranteed under Art 14,15,19, and 21 or the BASIC STRUCTURE of the constitution.

31
Q

Article 31C

A

Saves laws giving effect to certain directive principles from Art 14 and 19.

Open to judicial review.

32
Q

Article 32

A

Right to constitutional remedies.

BASIC FEATURE OF CONSTITUTION. i.e. CANNOT be abridged or taken away even by way of an constitutional amendment.

Provisions:

  1. Right to move SC for enforcement of FRs
  2. SC shall have power to issue directions/orders/writs to enforce FRs
  3. Parliament can empower ANY other court for above powers (except HC, as Art 226 already conferred these powers on HC)
  4. President CAN SUSPEND above rights during NATIONAL EMERGENCY (Art 359)

SC is the defender and guarantor of FRs. Has ORIGINAL and WIDE power in the matter. Original, because aggrieved citizen can DIRECTLY go to SC. But the jurisdiction of SC in enforcing FRs is NOT EXCLUSIVE. It’s concurrent with the jurisdiction of HC (Art 226).

SC has ruled that if the relief is available under Art 226, aggrieved party should first move to HC.

Rights to move the Supreme Court for the enforcement of fundamental rights including the writs of:
Habeas Corpus
Mandamus
Prohibition 
Certiorari 
Quo warrento
34
Q

Article 14

A

Equality before law and equal protection of laws

35
Q

Article 33

A

It limits (i.e. Parliament can restrict or abrogate) application of fundamental rights (as it’s applied to other citizens) to the members of:
Armed forces
Paramilitary forces
Police forces
Intelligence agencies and analogous services

36
Q

Article 34

A

Application of FRs can be restricted while Martial/Military law in force in any area. It’s different from the imposition of National Emergency.

37
Q

Article 35

A

Talks about direct enforceability (self-executory) nature of most of the fundamental rights; while few of them can be enforced on the basis of a law enacted to that effect by the Parliament only.

Indian Polity (35 decks)

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