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Shanky > Polity 7 - Fundamental Rights > Flashcards

Polity 7 - Fundamental Rights Flashcards

0
Q

What are fundamental rights basically?

A

If legal rights are recognized in the constitution and hold a place,sanctity and transcendental position in the constitution they are called as fundamental rights.

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1
Q

Which part of the constitution constitutes the fundamental rights chapter

A

Part III ,articles 12- 35

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2
Q

What is Magna Carta?

A

The first declaration of rights in history by King John Edward in the year 1215.

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3
Q

What does article 12 deal with ?

A

It deals with the definition of state
State includes
1. Government and parliament of India
2. Government and state legislatures
3. All local authorities like panchayat a,municipalities,district boards,trusts
4. All statutory and non statutory bodies like ONGC,SAIL,BHEL,HAL etc

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4
Q

What does article 13 deal with?

A

It declares that any law made that is inconsistent with the fundamental rights is invalid. It explicitly provides for the doctrine of judicial review.

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5
Q

In which article has the term ‘LAW’ been defined

A

It has been defined in article 13 of the constitution.
Law constitutes
1. Permanent laws which are enacted by the parliament and the state legislature.
2. Temporary laws enacted by the governor or president in the form of ordinances.
3. Statutory instruments in the nature of delegated legislature like order,by law,rule,regulation or notification
4. Non legislative sources of laws like customs and conventions that are recognized by the government.

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6
Q

Is a constitutional amendment a law?

A

Article 13 declares that constitutional amendment is not a law and cannot be challenged .
However ,in the Kesavananda Bharti case of 1973 ,the SC held that a constitutional amendment can be struck down if it violates any of the FRs or tried to alter the ‘basic nature’ of the constitution.

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7
Q

List the fundamental rights

A
  1. Right to Equality ,articles 14-18
  2. Right to Freedom, articles 19-22
  3. Right against exploitation 23-24
  4. Right to freedom of religion 25-28
  5. Cultural and educational rights 29-30
  6. Right to constitutional remedies 32
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8
Q

Article 14?

A

The state shall not deny to any person ‘equality before law’ or ‘equal protection of laws’ anywhere within the territory of India .

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9
Q

From where has the concept of ‘ equality before law’ been taken?

A

It is of British origin and says that

  1. No special privileges to or in favor of any person
  2. The equal subjection of all persons to ordinary law of the land and all courts.
  3. No person is above the law.
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10
Q

From where has the concept of ‘equal protection of laws b’ been taken?

A

American constitution
It says that
1. Among the qual ,if they are at equal conditions then law must be applied equally.
2. Among the unequal if they are at unequal conditions then law must be applied unequally

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11
Q

Who is A V Dicey?

A

He is a British jurist who propounded the concept of RULE OF LAW from where ‘equality before law’ has been taken.

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12
Q

Is ‘rule of law’ a basic feature of the constitution?

A

SC held that the ‘rule of law’ is a basic feature of the constitution and cannot be destroyed even by an amendment.

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13
Q

Are there any exceptions to article 14?

A
  1. Article 361: Protection of President and Governor.
    P or G is not answerable to any court for the exercise of his powers and duties of his office.
  2. No criminal proceedings can be instituted against the president or the governor during his term of office
  3. No arrest warrant can be issued by any court during their term of office
  4. Civil cases can be filed against them with 2 months notice

Article 361A

No person is liable to any civil or criminal proceedings in any court in respect of publication in a newspaper a substantially true report of HOP or SL’s.

Article 105 (Article 194 says the same thing for SLs)

No member of parliament is liable to civil or criminal proceedings in any court in respect of anything said or any vote given by him in the House of Parliament.

  1. Foreign sovereigns ,ambassadors ,diplomats enjoy immunity from civil or criminal proceedings against them

UNO and its agencies also enjoy diplomatic immunity

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14
Q

Article 15?

A

State shall not discriminate against any person only on the basis of race,religion,caste,sex or place of birth

No citizen shall be subjected to any disability ,liability,restriction or condition on grounds only of race,religion,caste ,sex or place of birth with regard to

  1. Access to public places
  2. Places maintained wholly or partially out of state funds
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15
Q

Article 16?

A

Provides for equal opportunity in case of employment and appointment to public offices or government jobs. No citizen can be discriminated only on the basis of race,religion ,caste, sex ,place of birth or place of residence.

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16
Q

What are the exceptions to article 16?

A

Parliament can prescribe residence as a condition for employment to certain jobs. As of now as the requirement of residence act expired in 1974 ,there is no provision such provision for any other state except AP.
The state can provide reservation for any BC which it feels is not adequately represented in the government services
A law can provide that an incumbent to an office related to religious institution should belong to a particular religion

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17
Q

Article 17 ?

A

Article 17 abolishes untouchability and forbids its practice in any way.

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18
Q

Which act provides protection against untouchability ?

A

The ‘ untouchability act ‘ of 1955 provided protection. Later it was amended and renamed to ‘ protection of civil rights act’ to enlarge its scope and make penal provisions more stringent.
Under this act, an act committed under untouchability is punishable by a fine of Rs 500 or imprisonment up to 6 months or both. A person convicted of this crime is disqualified from being elected to PL or SLs. The act also declares the following as crimes:
1. Preventing a person from entering a place of public worship or worshipping therein
2.justifying untouchability on any grounds
3. Denying access to any public place
4. Insulting a person belonging to SC on grounds of untouchability.
5. Preaching untouchability directly or indirectly.
6. Refusing to sell goods or render services to any person

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19
Q

Article 18

A

Abolition of titles

  1. it prohibits the state from conferring titles on anybody ,citizens or foreigners (except military or academic distinctions)
  2. It prohibits the citizens of Indian from accepting any title from any foreign country
  3. A foreigner or a citizen holding any office of profit under the sate is not allowed to accept any present,emolument or office from any foreign state without the consent of the P.
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20
Q

In which year were national awards instituted in?

A

National awards were instituted in the year 1954.

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21
Q

Which government discontinued national awards?

A

The Morarji Desai government in 1977.

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22
Q

When were national awards reintroduced ?

A

National wards were reintroduced by the Indira Gandhi government in 1980.

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23
Q

List the various freedoms under article 19

A

Freedom of speech and expression
Freedom of assembling without arms
Freedom to form unions,associations and cooperative societies
Freedom to travel anywhere within the territory of India
Freedom to reside in any place
Freedom to practice any profession ,conduct business or trade .

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24
Q

How many rights did article 19 originally contain?

A

7 rights. The right to acquire,hold and dispose off property was deleted by the 44th amendment of 1978.

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25
Q

Are the six freedoms under protected against individual action also?

A

No they are protected only against state action.

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26
Q

What does the freedom of speech and expression embody?

A
  1. Right to propagate ones views as well as the views of others.
  2. Freedom of press
  3. Freedom of commercial advertisements
  4. Right against tapping of telephonic conversations
  5. Right to telecast
  6. Right against bands called by political party or association.
  7. Right to know about activities of the government
  8. Freedom of silence
  9. Right against imposition of pre censorship on a newspaper
  10. Right to demonstrate and protest but not right to strike.
27
Q

Freedom of assembly without arms?

A

It includes the right to hold public meetings,demonstrations and take out processions but not right to strike .

28
Q

What does IPC section 144 say?

A

The assembly of 5 or more members becomes unlawful if the objective is to

  1. To resist the execution of law or any legal process
  2. To forcibly try to occupy the property of some person
  3. To commit any mischief or trespass
  4. To force some person to do an illegal act
  5. To threaten the government or its officials on exercising their powers
29
Q

Freedom to form associations,unions etc

A

It includes the right to form political parties,companies ,partnership firms ,societies,clubs,trade unions or any body for that matter for pursuing lawful objectives and purposes.

30
Q

What has the SC held with respect to the ‘freedom to move freely throughout the territory of inida’?

A

The SC has held that the freedom of movement of prostitutes can be restricted on the ground of public health and in interest of public morals.
Bombay HC validated the restrictions on movement of persons affected by AIDS.

31
Q

Freedom of residence

A
  1. It gives us the freedom to reside at any place temporarily or
  2. The freedom to set up domicile at any place permanently
32
Q

Freedom of profession

A

The sate can impose reasonable restrictions on the exercise of this right in the interest of general public

  1. Prescribe professional or technical qualifications necessary for practicing any profession or carrying on trade,occupation or business.
  2. Carry on by itself any trade ,business ,industry or service whether to the exclusion of citizens or otherwise
  3. The state is not required to justify its monopoly
  4. The right does not include the right to carry on a profession or trade which is immoral or dangerous
33
Q

Article 20?

A

Protection against arbitrary prosecution and punishment.

34
Q

Who is protected under article 20?

A

Citizen , foreigner or any body such as a company/organization etc.

35
Q

What are the provisions for protection against arbitrary prosecution and punishment under article 20?

A
  1. No post ex facto law
    No person can be punished for a act which was not identified as a crime during the time of commitment of the act.
  2. No double jeopardy
    Nobody can be punished for a crime committed once ,twice
  3. No self incrimination
    No person accused of any crime shall be compelled to be a witness against himself.
36
Q

Article 21?

A

The life and liberty of person shall not be denied by the state except when procedure is established by law.

37
Q

From which country has the procedure established by law been taken

A

It has been taken from Japan.

38
Q

Explain the various judgements given by the Supreme Court with respect to what article 21 means

A

Gopalan case of 1950
The SC took a very narrow interpretation of article 21 and .It was held that article 21 was only available against arbitrary legislative action and not action arbitrary executive action. It further held that dignity of individual meant only the personal dignity of individual and nothing more.

Maneka Gandhi case of 1978
Wider interpretation of the article was considered. SC introduced the American expression of ‘due process of law’. Further the court held that the’ right to life’ as embodied in article 21 is not merely confined to animal existence or survival but includes the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful,complete and worth living.

39
Q

Article 22?

A

Protection against arrest and detention

40
Q

What does the first part of article 22 deal with?

A

The first part of article 22 deals with cases of ordinary law and confers the following rights on a person who is arrested or detained under ordinary law
1. Right to be informed about the grounds of arrest
2. Right to be consult and be defended by a legal practitioner of law.
3. Right to be produced before the magistrate within 24 hours excluding journey time
4. Right to be released after 24 hours unless magistrate authorizes further detention.
This first part is only available to citizens.

41
Q

Arrest and detention under article 22 apply to what nature of acts ?

A

Acts of criminal or quasi criminal nature or acts which are against public interest.

42
Q

What does the second part of article 22 deal with?

A

The second part of article 22 grants protection to citizens or aliens who are arrested or detained under preventive detention law. It says that

  1. The period of detention cannot exceed 3 months unless suggested by an advisory board with sufficient cause
  2. The grounds of detention should be communicated to the detenu . However the facts which are considered to be giants public interest can be withheld.
  3. the detenu should be afforded an opportunity to make a representation under detention order.
43
Q

What does article 22 authorize the parliament to do?

A

It authorizes the parliament to prescribe the

  1. The circumstances and classes of cases in which the person can be detained for more than 3 months under preventive detention law
  2. The maximum period for which a person can be detained under different classes of cases
  3. The procedure to be followed by an advisory board in case of an enquiry

The parliament has the exclusive authority to make a law of preventive detention for reasons connected with defense, foreign affairs and security of India .
Both the parliament and SL can concurrently make a law of preventive detention with matters connected to security of a state ,the maintenance of public order , supplies and services essential to the community.

44
Q

Article 23?

A

Prohibition of traffic in human beings

It is available to both citizens and foreigners

Provides protection against state as well as individual action
Traffic in human being includes
1. Selling and buying of men ,women and children like goods.
2. Prostitution
3. Devadasis
4. Slavery

Ban of forced labor and its other forms like bonded labor etc.

45
Q

Are there any exceptions to article 23?

A

State is permitted to impose compulsory service for public services like military ,social service,for which it is not bound to pay,but the state is not allowed to discriminate on the basis of race,religion,caste,sex or place of birth.

46
Q

Article 24?

A

Prohibition of employment of children in factories.

Prohibits the employment of children below the age of 14 years in any factory ,mine or other hazardous activities. But it does not prohibit their employment in any harmless and innocent work.

47
Q

Which act was enacted in 1986 in reference to prohibition of child labor?

A

The child labor act of 1986

48
Q

What is the Child labor rehabilitation welfare fund?

A

It was created in 1996 following the SC order in which the offender should deposit a fine of Rs 20,000 for each child employed by him

49
Q

When was ‘ commissions for protection of child rights act’ enacted

A

It was enacted in 2005, to setup National/State commissions for protection for Child rights and child courts for speedy trial of offenses against children

50
Q

In which year did the government ban the employment of children as domestic servants or workers

A

In the year 2006

51
Q

What changes were made to child labor act of 2005/

A

It was renamed as Child and Adolescent labor act ,and made the following changes

  1. Increased the age of children prohibited from employment from 14 to 18
  2. Maximum punishment for offenses under the act has been increased to 2 years from 1 year.
  3. Fine has been increased to Rs 50,000 from the previous amount of Rs 20,000.
52
Q

Article 25?

A

Freedom to practice ,profess and propagate any religion.
1. State is permitted to regulate, restrict any economic ,financial ,political or any other activity associated with religious practice.
2. Provide social welfare and throw open religious Hindu institutions of public character to all classes and sections of Hindus
3. Wearing and carrying of kripan is to be included in Sikh religion
4, Hindus include Sikhs,Jains and Buddhists.

53
Q

Article 26

A

Freedom to manage religious affairs

  1. Right to maintain and establish religious institutions
  2. Right to manage its owns affairs wrt religion
  3. Right to own and acquire movable and immovable property
  4. Right to administer such property in accordance with law
54
Q

Article 27?

A

Prohibits the levy of taxes in the name of religion but however fees can be collected

55
Q

Article 28

A

Freedom from attending religious instruction

56
Q

Article 29

A

Protection of the rights of minorities

  1. Can be availed by both minorities and majorities
  2. Here minorities implies both religious and linguistic
  3. Any section of citizens residing in any part of the country having a distinct language ,script or culture of their own shall have the right to protect the same.
  4. no citizen shall be denied admission into any educational institution maintained by the state funds on grounds only of race,religion,caste or language .
57
Q

Article 30

A

Right of minorities to establish and administer educational institutions.
It is strictly confined to minorities.
1. All minorities shall have the right to establish and administer educational institutions
2. No discrimination by the state in granting aid
Also includes the rights of minorities to impart education in their own language

58
Q

Has the term ‘minority’ been defined anywhere in the constitution

A

No

59
Q

Article 32

A

The right to constitutional remedies

  1. It is a ‘basic’ feature of the constitution and cannot be taken away even by an amendment.
60
Q

’ An article without which which the constitution would be a nullify. It is the very heart and soul of the constitution’ who said the above with reference to article 32?

A

Dr. Bhim Rau Ambedkar

61
Q

Articles 17 and 24 are the only ___________ right among the FRs.

A

ABSOLUTE.

62
Q

Which of the FRs can be enforced against private individuals also

A
  1. Right against discrimination 15(2)
  2. Right against untouchability 17
  3. Right against exploitation 23 and 24
63
Q

Article 33?

A

Empowers the parliament to impose restrictions on the availability of FRs to certain category of people like the armed forces, police personnel ,telecommunication ,IB and other essential services

64
Q

Article 34

A

The parliament can indemnify the actions of the armed forces which are committed during the course of maintaining law and order ,security , unity and integrity of the nation.
If there is a martial law prevalent in a particular area then their actions cannot be challenged in a court.

Shanky (23 decks)

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