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Constitution > Part 3 > Flashcards

Part 3 Flashcards

1
Q

Title of Part 3

A

Fundamental Rights

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2
Q

The State” includes

A

The Government and Parliament of India
Government and the Legislature of each of the States
all local or other authorities within the territory of India or under the control of the Government of India.

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3
Q

Article 12

A

Definitions

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4
Q

Article 13

A

Laws inconsistent with or in derogation of the fundamental rights

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5
Q

The State shall not make any law…………………… which conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be…… .

A

takes away or abridges the rights
void

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6
Q

law includes

A
  1. Ordinance,
  2. order,
  3. bye-law,
  4. rule,
  5. regulation,
  6. notification,
  7. custom or
  8. usage
    having in the territory of India the force of law
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7
Q

law in force includes

A

laws passed or made by Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed,

notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

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8
Q

Doctrine of Eclipse

A

all the Pre-Constitutional laws which are against the fundamental rights of the Indian Constitution will become dormant and not dead. They will remain dormant as long as the state does not amend the law and its infringing nature.
So this doctrine applies to only Article 13(1) of the Indian Constitution.

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9
Q

doctrine of Waiver

A

a person who is receiving a right or a privilege can waive that right according to his will. Once the right is waived by the individual then they cannot claim it back.

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10
Q

Doctrine of Separability

A

if a part of a law is against the provisions of the constitution then only that offending part will be declared as void and not the whole statute.
This doctrine is applied in both Article 13 (1) and Article 13 (2) of the Indian Constitution.

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11
Q
A
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12
Q

Title of Article 14

A

Equality before law

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13
Q

Article 14

A

Equality before the Law:
All are to be treated equally in the eyes of the law. This is a negative concept as it implies the absence of any privilege in favor of any person. This is a substantive part of the article.

Equal protection of the Laws:
The same law will be applied to all the people equally across the society. This is a positive concept as it expects a positive action from the state. This is a procedural part of article 14.

Doctrine of anti arbitrariness
Natural Justice
Classification Test: founded on intelligible differentia (i.e. objects within the class are clearly distinguishable from those that are outside) and has a rational nexus with the objective sought to be achieved by the classification.

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14
Q

Title of Article 15

A

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

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15
Q

The State shall not discriminate against any citizen on grounds only of-

A

religion, race, caste, sex, place of birth or any of them.

be subject to any disability, liability, restriction or condition

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16
Q

Article 15(4)

A

Not prevent the State from making any special provision for- the advancement of any socially and educationally backward classes of citizens or
for the Scheduled Castes and the Scheduled Tribes.

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17
Q

Article 15(5)

A

relating to admission to educational institutions including private educational institutions,

whether aided or unaided by the State,

other than the minority educational institutions

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18
Q

Article 15(6) and which CAA?

A

EWS
reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.

103rd CAA

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19
Q

Article 15(3)

A

discusses Special Provision for Women and Children.

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20
Q

Exceptions of Sec 15

A

Clause 3 discusses Special Provision for Women and Children

Clause 4 discusses Special Provisions for Backward Classes

Clause 5 discusses Reservation in Educational institutions

Clause 6 lays down the Special Provisions for EWS category.

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21
Q

Title of Article 16

A

Equality of opportunity in matters of public employment

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22
Q

Article 16(1)

A

There shall be equal opportunity for the citizens in the matter of employment or appointment to any office under the State.

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23
Q

Article 16(2)

A

no discrimination based on religion, race, caste, sex, DESCENT, place of birth, RESIDENCE in employment.

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24
Q

Art 16(3)

A

nothing in this article shall prevent Parliament from making any law which prescribes to the citizens who are appointed to any office under the State in regard to any requirements as to residence within that State or Union territory prior to employment or appointment to any office under the State.

25
Q

Article 16(4)

A

The reservation of services under the State in favor of the backward class of citizens. Backward class includes Schedule Castes and Scheduled Tribes.

26
Q

Art. 16 (4B)

A

81st CAA

27
Q

4B

A

Gave the states the authority to treat unfilled reserved vacancies from one year as a separate class of vacancies to be filled in the following year or years. The new provision stated that such vacancies must not be included in the vacancies of the year in which they are filled, in order to calculate the overall vacancy reservation ceiling of 50% for that year. This modification essentially eliminated the 50% cap on

28
Q

4A CAA

A

77 CAA

29
Q

4A

A

State may make provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of SCs and the STs which in the opinion of State are not adequately represented in the services under the State.

30
Q
A
31
Q

Art 16 (5)

A

exempts a law from the application of clauses (1) and (2), which require the incumbent of any office to be religiously qualified for appointment.

32
Q

Clause (6)

A

103rd CAA,
empowers the State to make various provisions for reservation in appointments of members of the EWS of society to government posts.These provisions must be within the 10% ceiling, in addition to the existing reservations.

33
Q

Article 17

A

Abolition of untouchability

34
Q

Article 18

A

Abolition of titles

(1)No title, except- a military or academic distinction, shall be conferred by the State.
(2)No citizen of India shall accept any title from any foreign State.
(3)No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

35
Q

Art 19

A
  1. freedom of speech and expression
  2. assemble peaceably and without arms;
  3. to form associations or unions or co-operative societies;
  4. to move freely throughout the territory of India
  5. to reside and settle in any part of the territory of India;and
  6. to practise any profession, or to carry on any occupation, trade or business
36
Q

Art 19 reasonable restrictions for (a)

A

sovereignty and integrity,
security of the State,
friendly relations with Foreign States,
public order,
decency or morality
contempt of court,
defamation
incitement to an offence.

37
Q

reasonable restrictions to assemble peaceably and without arms

A

sovereignty and integrity of India public order

38
Q

to form associations or unions or co-operative societies

A

the sovereignty and integrity of India
public order or morality

39
Q

to move freely throughout the territory of India
to reside and settle in any part of the territory of India

A

general public or
protection of the interests of any Scheduled Tribe.

40
Q

to practise any profession, or to carry on any occupation, trade or business

A

general public
professional qualifications

41
Q

Art 20

A

Prohibits-
retrospective punishment or protection from ex post facto law
double jeopardy
self- incrimination

42
Q

Art 21 A

A

86 CAA
State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine.

43
Q

Art 22

A

Protection against arrest and detention in certain cases

No arrest or detention without being informed of the grounds.

Arrested person must be produced before the nearest magistrate within 24 hours of their 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.

Consult and be defended by a legal practitioner of their choice.

Exception-
enemy alien
arrested or detained under preventive detention

preventive detention for
maintenance of public order or national security

Exceptions-
times of emergency

44
Q

Preventive detention

A
  1. not longer than 3 months unless-
    Advisory Board (Judges of a High Court) has reported before the expiration of the period of 3 months that there is in its opinion sufficient cause for detention.
    not beyond maximum period prescribed by parliament.
  2. communicate the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
    authority not required to disclose facts which it considers to be against the public interest to disclose.
  3. Parliament may by law prescribe—
    circumstances under which a person may be detained for a period longer than 3 months;
    max. period
    procedure to be followed.
45
Q

Art 23

A

Prohibition of traffic in human beings and forced labour

State may impose compulsory service for public purpose without discriminating on grounds only of religion, race, caste or class or any of them.

46
Q

Art 24

A

prohibits the employment of children below the age of 14 years in any-
factory,
mine, or
hazardous occupation.

47
Q

Art 25

A

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

reasonable restrictions imposed in the interest of-
public order,
morality, and
health.

The state has the authority to- regulate or restrict secular activities that may be associated with religious practices, such as social reforms, economic activities, and other activities unrelated to the core aspects of religion.

provide for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Hindus include persons professing the Sikh, Jaina or Buddhist religion.

48
Q

Art 26

A

Freedom to manage religious affairs

public order, morality and health,

every religious denomination shall have the right—
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.

49
Q

Art 27

A

Freedom as to payment of taxes for promotion of any particular religion

50
Q

Art 28

A

(1) No religious instruction at any educational institution wholly maintained out of State funds.

An educational institution which is administered by the State but has been established under any endowment or trust can impart religious instruction.

(2) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution unless such person or, if such person is a minor, his guardian has given his consent.

51
Q

Art 29

A

Protection of interests of minorities
Any section of citizens residing in India having a distinct language, script, or culture of its own has the right to conserve and promote its language, script, or culture.

prohibits discrimination against any citizen on the grounds of religion, race, caste, language, or any of them with respect to admission into educational institutions maintained or aided by the state.

52
Q
A

Minorities have the right to establish and administer educational institutions of their choice.

In making law for the compulsory acquisition of any property of an educational institution established and administered by a minority, the State shall ensure that the amount fixed under such law would not restrict or abrogate the right.

The state cannot discriminate against any educational institution on the grounds of its minority status while granting aid.

53
Q

CAA which repealed Art 31?

A

44th CAA, right to property ceases to be a FR but a legal right.

54
Q

Art 300 A

A

no person shall be deprived of his property save by authority of law.
protection against executive action but not legislative action.

55
Q

Mandamus

A

direction to public authority to perform a particular task
issued against government, public officials, inferior courts, tribunals and public corporations

56
Q

certiorari

A

when the court finds the decision of the lower court erroneous or beyond its authority.

57
Q

Quo warranto

A

by what authority or warrant
must be against a public office
Court to stop the excessive use or abuse of authority
court issues the writ to ask the public official to table his authority of holding that office, and court can suspend his authority.

58
Q

Prohibition

A

It stands for “to forbid”
Th writ aims to stop the judicial, quasi-judicial authorities along with tribunals from exceeding their authority.

Constitution (12 decks)

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