Part 3 FRs

Question 1

Art 12

Answer 1

Def of State.

SC: even pvt body or an agency working as an instrument of the State falls under ‘State’

Question 2

Art 13

Answer 2

(Rt to Equality 14-18)
Laws inconsistent with or in derogation with the FRs shall be void.
(Doctrine of Judicial Review)
Laws - permanent/temp(like an ordinance)/Executive Legislations(like order, bye-law, rule etc)

Question 3

Art 14

Answer 3

(Rt to Equality 14-18)
Equality before law (British - negative - no privileges)
Equal protection of laws (American - positive - equal treatment to equals)

Rule of Law - A V Dicey

Question 4

Art 15

Answer 4

(Rt to Equality 14-18)
Prohibition of discrimination - against any citizen - on grounds only of Religion, Race, Caste, Sex or PoB

• bt State as well as Pvt Citizen

Question 5

Art 16

Answer 5

(Rt to Equality 14-18)
Equality of Opportunity in matters of Pub. Employment - on grounds of only Religion, Race, Caste, Sex, Descent, PoB or Residence.

Question 6

Art 17

Answer 6

(Rt to Equality 14-18)
Abolition of Untouchability

• against Pvt individual
• so it is Cnal obligation of the State

Question 7

Art 18

Answer 7

(Rt to Equality 14-18)
Abolition of Titles (hereditory titles)
no titles - except Military or Academic distinction

Question 8

Art 19

Answer 8

(Right to Freedom 19-22)

1) All the citizens shall have the right
a) to freedomof Speech and Expression
b) to assemble peaceably and without arms
c) to form associations or unions or cooperatives(97CAA 2011)
d) to move freely throughout the territory of India.
e) to reside and settle in any part of the territory of India
f) repealed by 44CAA1978 along with A31
g) to practice any profession or to carry on any occupation, trade or business.

(originally 7 - property - deleted in 44CAA1978

Question 9

Art 20

Answer 9

(Right to Freedom 19-22)
Protection in Respect of Conviction for Offences
no ex-post-facto law
no double jeopardy
no self-incrimination

Question 10

Art 21

Answer 10

(Right to Freedom 19-22)
Protection of Life and personal Liberty
(to Citizen as well as NonCitizen)

Question 11

Art 21 A

Answer 11

(Right to Freedom 19-22)
Right to Education (86CAA2002)
age 6-14 free n compulsory education
(dpsp Art 45)

Question 12

Art 22

Answer 12

(Right to Freedom 19-22)
Protection against Arrest and Detention
Punitive detention
1 ground of arrest 2 rt to consult n be defended
3 rt to be produced before megistrate in 24 hrs
4 rt to be released after 24hrs if not auth. by Megistrate
- nt for enemy alien and under preventive detention

Preventive Detention(to citizen n Aliens)
1 - 3 months unless Advisory board
2- ground of detention
3 - rt to make a representation against detention

Question 13

Art 23

Answer 13

(Right against Exploitation 23-24)
Prohibition of Traffic in Human beings and Forced Labour
(few exceptions like Armed forces)

Question 14

Art 24

Answer 14

(Right against Exploitation 23-24)
Prohibition of Employment of Children in Factories etc

<14 age - harmlesss or innocent work - not in any factory, mine or hazardous activities

2006 - Govt banned Children as domestic servants or workers in business like hotels dhabas etc

Child Labour (Prohibition and Regulation) Ammendment Act 2016
No employment for <14 age
14-18 age = no hazardouse occipations and processes

Question 15

Art 25

Answer 15

(Rt to Freedom of Religion 25-28)
Freedom of Conscience and Free Profession, Practice and Propagation of Religion.

individual right
to Citizen as well as non-citizens

Question 16

Art 26

Answer 16

(Rt to Freedom of Religion 25-28)
Freedom to manage Religious Affairs
1) Rt to establish and maintain intitutions for religious and charitable purpose
2) Rt to manage its own affairs
3) Rt to own n acquire movable and immovable property
4) Rt to administer these properties

rts of Religious denominations

Question 17

Art 27

Answer 17

(Rt to Freedom of Religion 25-28)

Freedom from Taxation for promotion of a Religion

no favouring of one religion over another
but tax can be used for all religions

Question 18

Art 28

Answer 18

(Rt to Freedom of Religion 25-28)

Freedom from attending Religious Instruction

Question 19

Art 29

Answer 19

(Cultural and Educational Rights 29-30)
Protection of Interests of Minorities
(not just to minorities but to any section)
1) Group rt - Rt to conserve - distinct language, script or culture
2)Individual Rt - rt to admission into any state maintained(or funded) edu insti.
(no discrimination on grounds only of Religion, Race, Caste, Language)

Question 20

Art 30

Answer 20

Rights of Minorities to establish and administer Educational Institutions
(only to minorities)

Question 21

Art 32

Answer 21

Right to Constitutional Remedies

• direct to SC
• SC can issue writs
• HCs have powers under A226
• Prez can suspend rt to move any court for enforcement of FRs during emergency(A359)

Question 22

Art 33

Answer 22

Armed Forces and FRs
Power of Parliament to modify the rights conferred by this part in their application to forces

no power to State Legislature

Question 23

Art 34

Answer 23

Martial Law and FRs

Restriction on FRs while Martial Law is in force.

Question 24

Art 35

Answer 24

Parliament shall have (and SLAs shall not have)
power to make laws wrt to certain here specified FRs
A16 A32 A33 A34
A17 A23

Question 25

Art 31

Answer 25

Right to Property

repealed by 44CAA1978 (along with Art 19(1)(f)