This document provides an overview of Fundamental Rights under the Indian Constitution. It discusses key aspects of Fundamental Rights like their nature as justiciable rights enforceable in courts. It explains important rights like right to equality (Articles 14-18), right to freedom (Articles 19-22), and right against exploitation (Articles 23-24). It also summarizes the scope and exceptions for rights to equality before law (Article 14), prohibition of discrimination (Article 15), and equality of opportunity in public employment (Article 16). The document outlines the role of Supreme Court in safeguarding Fundamental Rights through judicial review.
Administrative relation between centre and state art l lb cjyoti dharm
The document outlines the administrative relationship between the central and state governments in India. Key points include:
- The constitution allocates administrative responsibilities to achieve coordination between the center and states and settle disputes.
- The executive powers of the center and states are delineated based on the union, state and concurrent lists.
- Mechanisms for center-state coordination include the center giving directions to states, delegation of union functions, all-India services, grants-in-aid and statutory bodies.
- Disputes relating to water are adjudicated by tribunals per relevant laws.
Fundamental rights in the Indian Constitution apply to citizens against the state. Article 12 defines "state" broadly as the Union and state governments, legislatures, local authorities within India, and bodies under the government's control. Through judicial interpretations, courts have expanded the definition of state to include public bodies based on factors like substantial government financing, control, and performance of public functions. However, the state does not include the judiciary when performing judicial as opposed to administrative functions.
Administrative relations between center and state from Article 256-263 during general ties, and from Article 352-360 during emergency and other provisions reflecting center state relations and predominance of Union government in India.
Fundamental rights are essential human rights guaranteed to all citizens of India regardless of attributes like caste, religion or gender. These rights include equality before the law, freedom of speech and expression, freedom to assemble peacefully and form associations. The constitution obligates the government and all authorities in India to respect these rights. Some key doctrines related to fundamental rights are severability, eclipse and waiver. Severability deals with separating the valid and invalid parts of a law. Eclipse refers to pre-constitutional laws becoming inoperative due to inconsistency with fundamental rights. Waiver means fundamental rights cannot be relinquished by any person.
The judiciary is a system of courts which interpret and apply the law. ...
The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land.
The Constitution of India secures justice to all its citizens apart from securing liberty, equality, and promoting fraternity.
Indian democracy the Supreme Court plays important role of safeguarding the fundamental rights of citizens which includes providing fair justice also.
The document provides information about the preamble and key features of the Constitution of India. It discusses that the preamble lays out the objectives and ideals of the constitution, establishing India as a sovereign, socialist, secular, democratic republic. It guarantees justice, liberty, equality and fraternity to all citizens. The document then summarizes some of the fundamental rights guaranteed in the constitution like right to equality, freedom, freedom of religion, and prohibition of exploitation. It also provides context on the drafting process and the father of the Indian constitution, Dr. B.R. Ambedkar.
- Article 1 establishes India as a union of states rather than a federation, meaning states do not have the right to secede from the union.
- Article 2 gives Parliament the power to admit new states into the union or establish new states on terms it sees fit. This is how states like Goa were acquired.
- Article 3 allows Parliament to reorganize states by changing boundaries, merging states, or splitting states, but requires Presidential recommendation and consultation with state legislatures. This article means the union can alter states but states cannot alter the union.
The document discusses the concept of rule of law in India. It outlines three key elements of the rule of law as propounded by A.V. Dicey: (1) absence of arbitrary power, (2) equality before the law, and (3) the primacy of individual rights enforced by courts. It then notes some exceptions to equality before the law, including legal immunities for the President, Governors, and members of Parliament. Article 31-C is also discussed as an exception that allows laws implementing directive principles to override Article 14's guarantee of equality.
Administrative relation between centre and state art l lb cjyoti dharm
The document outlines the administrative relationship between the central and state governments in India. Key points include:
- The constitution allocates administrative responsibilities to achieve coordination between the center and states and settle disputes.
- The executive powers of the center and states are delineated based on the union, state and concurrent lists.
- Mechanisms for center-state coordination include the center giving directions to states, delegation of union functions, all-India services, grants-in-aid and statutory bodies.
- Disputes relating to water are adjudicated by tribunals per relevant laws.
Fundamental rights in the Indian Constitution apply to citizens against the state. Article 12 defines "state" broadly as the Union and state governments, legislatures, local authorities within India, and bodies under the government's control. Through judicial interpretations, courts have expanded the definition of state to include public bodies based on factors like substantial government financing, control, and performance of public functions. However, the state does not include the judiciary when performing judicial as opposed to administrative functions.
Administrative relations between center and state from Article 256-263 during general ties, and from Article 352-360 during emergency and other provisions reflecting center state relations and predominance of Union government in India.
Fundamental rights are essential human rights guaranteed to all citizens of India regardless of attributes like caste, religion or gender. These rights include equality before the law, freedom of speech and expression, freedom to assemble peacefully and form associations. The constitution obligates the government and all authorities in India to respect these rights. Some key doctrines related to fundamental rights are severability, eclipse and waiver. Severability deals with separating the valid and invalid parts of a law. Eclipse refers to pre-constitutional laws becoming inoperative due to inconsistency with fundamental rights. Waiver means fundamental rights cannot be relinquished by any person.
The judiciary is a system of courts which interpret and apply the law. ...
The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land.
The Constitution of India secures justice to all its citizens apart from securing liberty, equality, and promoting fraternity.
Indian democracy the Supreme Court plays important role of safeguarding the fundamental rights of citizens which includes providing fair justice also.
The document provides information about the preamble and key features of the Constitution of India. It discusses that the preamble lays out the objectives and ideals of the constitution, establishing India as a sovereign, socialist, secular, democratic republic. It guarantees justice, liberty, equality and fraternity to all citizens. The document then summarizes some of the fundamental rights guaranteed in the constitution like right to equality, freedom, freedom of religion, and prohibition of exploitation. It also provides context on the drafting process and the father of the Indian constitution, Dr. B.R. Ambedkar.
- Article 1 establishes India as a union of states rather than a federation, meaning states do not have the right to secede from the union.
- Article 2 gives Parliament the power to admit new states into the union or establish new states on terms it sees fit. This is how states like Goa were acquired.
- Article 3 allows Parliament to reorganize states by changing boundaries, merging states, or splitting states, but requires Presidential recommendation and consultation with state legislatures. This article means the union can alter states but states cannot alter the union.
The document discusses the concept of rule of law in India. It outlines three key elements of the rule of law as propounded by A.V. Dicey: (1) absence of arbitrary power, (2) equality before the law, and (3) the primacy of individual rights enforced by courts. It then notes some exceptions to equality before the law, including legal immunities for the President, Governors, and members of Parliament. Article 31-C is also discussed as an exception that allows laws implementing directive principles to override Article 14's guarantee of equality.
The document discusses the concept of "office of profit" under Indian law. Key points:
- The principle seeks to ensure independence of elected representatives and prevent conflict of interest by barring them from offices that offer financial benefits from the executive.
- The Indian constitution prohibits the President, Vice President, governors and legislators from holding offices of profit. It is up to courts to define what constitutes an office of profit on a case-by-case basis.
- Offices are typically deemed offices of profit if they offer the opportunity for financial gain or benefit, and are under control of the government in terms of appointment and remuneration.
- Several court cases have further explored the criteria for defining an office
The union executive of India comprises the President, Vice President, Prime Minister and Council of Ministers. The President is the head of state and exercises executive power, either directly or through subordinate officers. Though a ceremonial head, the President has significant powers including legislative functions like summoning parliament, judicial appointments, and emergency powers. However, after constitutional amendments, the President is bound by ministerial advice and has become a constitutional figurehead without discretionary powers.
This document discusses center-state relations in India based on the country's federal system. It covers three key areas: legislative relations, administrative relations, and financial relations between the central and state governments as outlined in the Indian constitution. For legislative relations, it describes the division of lawmaking powers between the union/central parliament and state legislatures. For administrative relations, it discusses techniques of central control over states and mechanisms for inter-state coordination. For financial relations, it outlines the allocation of tax revenues and financial resources between the center and states.
The key sources of Hindu law discussed in the document are:
1. Sruti - Divine revelations considered the highest authority, including the Vedas.
2. Smritis - Remembered scriptures containing rules believed to be of divine origin, such as Manu Smriti.
3. Custom - Local practices that have the force of law when not contradicting scriptures.
4. Judicial decisions - Particularly those of the Privy Council and High Courts, which are binding on lower courts.
5. Legislation - Codifications under British rule and the modern Indian Constitution, which is now the strongest source of law.
This document provides an overview of the Hindu legal system and its influence. It discusses that Hindu law is a personal law that applies not just in India but also other countries with Hindu populations. The key concepts of Hindu law are discussed including Dharma, Shruti, Smriti, and the caste system. The evolution of Hindu law is summarized from the Classical period to the Anglo-Hindu and Modern periods. Major attempts to codify Hindu law are noted. The roles of customs, families, and castes are outlined. Examples of Hindu law's influence on legal systems in other ancient civilizations are given.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
The document discusses delegated legislation in India. It defines delegated legislation as the exercise of legislative power by a subordinate agency. It is used to relieve pressure on the legislature's time so it can focus on policy formulation. In India, rules, regulations, orders, notifications and bye-laws are examples of delegated legislation. The growth of delegated legislation can be attributed to factors like the pressure on parliamentary time due to expanding state activities, technical nature of subjects requiring expert assistance, need for flexibility to address unforeseen situations, enabling experimentation, and need for quick action in emergencies.
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
This document discusses abetment under the Indian Penal Code. It defines abetment as helping or encouraging someone to do something illegal or wrong. Abetment can occur through instigation, conspiracy, or intentional aid. Instigation involves urging or provoking someone to commit an offense. Conspiracy involves agreeing with others to commit an illegal act. Intentional aid involves knowingly assisting or facilitating the commission of an offense. The document provides examples and explanations of each type of abetment under Indian law.
This document outlines the table of contents for the Code of Criminal Procedure, 1973 in India. It lists the chapter and section headings that make up the Code and structure it into different parts relating to the constitution of criminal courts, powers of courts and officers, processes to compel appearance/production, arrest procedures, maintenance orders, and prevention of offenses. The Code establishes the framework for criminal procedure and investigations in India.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Montesquieu developed the theory of separation of powers which proposes dividing the sovereign power of a state among legislative, executive, and judicial branches. This was intended to prevent tyranny and protect liberty. He argued each branch should have distinct and independent powers to check the others. While complete separation is impossible, the theory emphasizes limiting concentration of power. It influenced government designs like the US Constitution's system of checks and balances among the three branches.
This document discusses Sections 10 and 11 of the Transfer of Property Act, 1882 regarding conditions restricting transfers of property. Section 10 deals with conditions that absolutely restrain alienation, which are void. Section 11 states that if an interest in property is transferred absolutely, any conditions restricting enjoyment of the property are void. There are some exceptions for leases and transfers to married women. The difference between the two sections is that Section 10 applies to restraints on alienation, while Section 11 applies to restraints on enjoyment of property where absolute interest is transferred.
Types of writ and difference between public interest litigation and private inteAmulya Arcania Nenlore
types of writ under indian constitution
difference between public interest litigation and private interest litigation-mandamus,habeas corpus,prohibition,certiorari
This is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.
This document provides an overview of key articles related to fundamental rights in the Indian constitution:
- It outlines the main categories of fundamental rights (right to equality, freedom, against exploitation, freedom of religion, cultural/educational rights, and constitutional remedies).
- It describes several important articles, including protections for minorities (Articles 29-30), the now-repealed right to property (Article 31), and the right to constitutional remedies (Article 32).
- It also discusses exceptions to fundamental rights like validations of certain laws and the ability of Parliament to modify rights for armed/police forces. The document serves as a high-level primer on fundamental rights provisions in the Indian constitution.
This document provides an overview of fundamental rights and economic programs in India according to the constitution. It discusses the right to equality, freedom of religion, right against exploitation, right to education, and other fundamental rights. Key points include: the right to equality prohibits discrimination on grounds of religion, caste, gender and guarantees equal opportunity; freedom of religion protects religious practices but is subject to public order; the right against exploitation prohibits child labor and trafficking; and the right to education makes elementary education a fundamental right for children ages 6 to 14.
The document discusses the concept of "office of profit" under Indian law. Key points:
- The principle seeks to ensure independence of elected representatives and prevent conflict of interest by barring them from offices that offer financial benefits from the executive.
- The Indian constitution prohibits the President, Vice President, governors and legislators from holding offices of profit. It is up to courts to define what constitutes an office of profit on a case-by-case basis.
- Offices are typically deemed offices of profit if they offer the opportunity for financial gain or benefit, and are under control of the government in terms of appointment and remuneration.
- Several court cases have further explored the criteria for defining an office
The union executive of India comprises the President, Vice President, Prime Minister and Council of Ministers. The President is the head of state and exercises executive power, either directly or through subordinate officers. Though a ceremonial head, the President has significant powers including legislative functions like summoning parliament, judicial appointments, and emergency powers. However, after constitutional amendments, the President is bound by ministerial advice and has become a constitutional figurehead without discretionary powers.
This document discusses center-state relations in India based on the country's federal system. It covers three key areas: legislative relations, administrative relations, and financial relations between the central and state governments as outlined in the Indian constitution. For legislative relations, it describes the division of lawmaking powers between the union/central parliament and state legislatures. For administrative relations, it discusses techniques of central control over states and mechanisms for inter-state coordination. For financial relations, it outlines the allocation of tax revenues and financial resources between the center and states.
The key sources of Hindu law discussed in the document are:
1. Sruti - Divine revelations considered the highest authority, including the Vedas.
2. Smritis - Remembered scriptures containing rules believed to be of divine origin, such as Manu Smriti.
3. Custom - Local practices that have the force of law when not contradicting scriptures.
4. Judicial decisions - Particularly those of the Privy Council and High Courts, which are binding on lower courts.
5. Legislation - Codifications under British rule and the modern Indian Constitution, which is now the strongest source of law.
This document provides an overview of the Hindu legal system and its influence. It discusses that Hindu law is a personal law that applies not just in India but also other countries with Hindu populations. The key concepts of Hindu law are discussed including Dharma, Shruti, Smriti, and the caste system. The evolution of Hindu law is summarized from the Classical period to the Anglo-Hindu and Modern periods. Major attempts to codify Hindu law are noted. The roles of customs, families, and castes are outlined. Examples of Hindu law's influence on legal systems in other ancient civilizations are given.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
The document discusses delegated legislation in India. It defines delegated legislation as the exercise of legislative power by a subordinate agency. It is used to relieve pressure on the legislature's time so it can focus on policy formulation. In India, rules, regulations, orders, notifications and bye-laws are examples of delegated legislation. The growth of delegated legislation can be attributed to factors like the pressure on parliamentary time due to expanding state activities, technical nature of subjects requiring expert assistance, need for flexibility to address unforeseen situations, enabling experimentation, and need for quick action in emergencies.
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
This document discusses abetment under the Indian Penal Code. It defines abetment as helping or encouraging someone to do something illegal or wrong. Abetment can occur through instigation, conspiracy, or intentional aid. Instigation involves urging or provoking someone to commit an offense. Conspiracy involves agreeing with others to commit an illegal act. Intentional aid involves knowingly assisting or facilitating the commission of an offense. The document provides examples and explanations of each type of abetment under Indian law.
This document outlines the table of contents for the Code of Criminal Procedure, 1973 in India. It lists the chapter and section headings that make up the Code and structure it into different parts relating to the constitution of criminal courts, powers of courts and officers, processes to compel appearance/production, arrest procedures, maintenance orders, and prevention of offenses. The Code establishes the framework for criminal procedure and investigations in India.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Montesquieu developed the theory of separation of powers which proposes dividing the sovereign power of a state among legislative, executive, and judicial branches. This was intended to prevent tyranny and protect liberty. He argued each branch should have distinct and independent powers to check the others. While complete separation is impossible, the theory emphasizes limiting concentration of power. It influenced government designs like the US Constitution's system of checks and balances among the three branches.
This document discusses Sections 10 and 11 of the Transfer of Property Act, 1882 regarding conditions restricting transfers of property. Section 10 deals with conditions that absolutely restrain alienation, which are void. Section 11 states that if an interest in property is transferred absolutely, any conditions restricting enjoyment of the property are void. There are some exceptions for leases and transfers to married women. The difference between the two sections is that Section 10 applies to restraints on alienation, while Section 11 applies to restraints on enjoyment of property where absolute interest is transferred.
Types of writ and difference between public interest litigation and private inteAmulya Arcania Nenlore
types of writ under indian constitution
difference between public interest litigation and private interest litigation-mandamus,habeas corpus,prohibition,certiorari
This is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.
This document provides an overview of key articles related to fundamental rights in the Indian constitution:
- It outlines the main categories of fundamental rights (right to equality, freedom, against exploitation, freedom of religion, cultural/educational rights, and constitutional remedies).
- It describes several important articles, including protections for minorities (Articles 29-30), the now-repealed right to property (Article 31), and the right to constitutional remedies (Article 32).
- It also discusses exceptions to fundamental rights like validations of certain laws and the ability of Parliament to modify rights for armed/police forces. The document serves as a high-level primer on fundamental rights provisions in the Indian constitution.
This document provides an overview of fundamental rights and economic programs in India according to the constitution. It discusses the right to equality, freedom of religion, right against exploitation, right to education, and other fundamental rights. Key points include: the right to equality prohibits discrimination on grounds of religion, caste, gender and guarantees equal opportunity; freedom of religion protects religious practices but is subject to public order; the right against exploitation prohibits child labor and trafficking; and the right to education makes elementary education a fundamental right for children ages 6 to 14.
The document provides an overview of business laws and the scope and sources of business law in India. It discusses key acts that govern business transactions such as the Indian Contract Act, Sale of Goods Act, and Partnership Act. The major sources of business law discussed are English mercantile law, Indian statutes, judicial decisions and precedents, and customs and usage. It also outlines some of the fundamental rights and directive principles from the Indian constitution that have a bearing on business such as rights to work, humane working conditions, and living wages.
The document discusses the fundamental rights enshrined in the Indian constitution. It provides an overview of the meaning of fundamental rights, including that they ensure citizens' physical, mental and moral development. It describes the six main categories of fundamental rights - right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies. It notes that while justiciable by courts, fundamental rights are subject to reasonable restrictions.
Human rights and fundamental rights 161223191701vishnugud
The document discusses human rights and fundamental rights in India. It covers the following key points:
- The Indian Constitution protects certain fundamental rights to ensure equality for all citizens regardless of attributes like caste, religion or gender. These rights include equality before the law, freedom of speech and expression, and the right to form associations.
- Fundamental rights are enshrined in Part 3 of the Constitution and include rights to equality, freedom of speech and expression, freedom of assembly, and the right to form associations. Violations of these rights can be challenged directly in court.
- The rights to equality prohibit discrimination on various grounds and guarantee equal opportunity and social equality for all. Exceptions allow affirmative action for marginal
The document discusses India's Fundamental Rights as outlined in Part III of the constitution. It describes the various rights that are protected as Fundamental Rights, including right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies. It provides details on the specific articles that protect each type of right and exceptions to some of the rights.
Seven fundamental rights were originally provided by the Indian Constitution:
1) Right to equality
2) Right to freedom
3) Right against exploitation
4) Right to freedom of religion
5) Cultural and educational rights
6) Right to property
7) Right to constitutional remedies
These rights guarantee citizens basic freedoms and prohibit discrimination and forms of exploitation.
Constitutional provisions on Gender in Bangladeshmsdhsn
Yes, provisions like reserved seats for women in Parliament, special laws to protect women, and quota systems to promote women's participation can be considered forms of affirmative action or positive discrimination that are aimed at advancing gender equality and promoting substantive equality between men and women in Bangladeshi society.
The document discusses Fundamental Rights as enshrined in the Indian Constitution. It provides an overview of the key Fundamental Rights like right to equality, freedom of speech, and right to religion. It explains that Fundamental Rights guarantee citizens can live freely and protect them from government overreach. However, it notes they are subject to restrictions and exceptions. It also discusses the importance of Fundamental Rights in establishing democracy and rule of law in India, while criticizing that they do not cover important social and economic rights.
The document summarizes key aspects of the Indian constitution. It outlines that the constitution is divided into parts that cover citizenship (Part 2), fundamental rights (Part 3), directive principles (Part 4), and the central government administration including the president, parliament, and judiciary (Part 5). It provides details on the election and qualifications of the president, and notes that the president can be impeached by a resolution passed by both houses of parliament with a 2/3 majority vote.
The document discusses various types of rights, including fundamental rights outlined in the Indian Constitution. It defines negative rights as those that entail non-interference from the state or others, while positive rights impose obligations on others to do something. Natural rights are inherent in human beings, and moral rights depend on human reason and notions of right and wrong. Legal, civil, and political rights also exist and involve interactions with government and society. The 6 fundamental rights guaranteed by the Indian Constitution are then outlined in more detail, including rights to equality, freedom of speech, assembly, religion, and due process.
This document summarizes the key ways that a person can become a Malaysian citizen according to the Constitution:
1. Citizenship can be acquired by operation of law, such as being born in Malaysia to Malaysian parents.
2. Citizenship can also be obtained through registration, such as a woman marrying a Malaysian citizen.
3. A person over age 21 can apply for naturalization if they have lived in Malaysia for a period of time and intend to reside permanently.
4. When new territories join Malaysia, Parliament will determine citizenship for residents of those areas.
Constitutional provisions on gender bangladeshShahjada Zihad
I do not have enough context to make a determination about the constitutionality of specific laws. The constitutionality of laws often involves weighing complex legal principles and considerations.
The document discusses the Right to Equality guaranteed under the Indian Constitution. It makes the following key points:
1) Articles 14-18 guarantee the fundamental right to equality. Article 14 lays down the general principle of equal treatment before the law. Articles 15-18 provide specific applications of this principle by prohibiting discrimination on various grounds.
2) The right to equality in India is a positive right, requiring the state to take active steps to promote equal treatment and abolish existing inequalities, in contrast to some other constitutions where it is a merely a negative right.
3) Articles 15-18 provide for exceptions and special provisions to promote equality, such as for women, children, and socially and education
Fundamental rights of indian constitutionAryan Singh
1) The document discusses the fundamental rights provided in the Indian constitution. It outlines six fundamental rights: right to equality, right to freedom, right against exploitation, right to religion, cultural and educational rights, and right to constitutional remedies.
2) It provides details on each fundamental right, including what they entail. For example, it describes the right to equality guarantees equality before law and prohibits discrimination on various grounds.
3) The right to freedom encompasses freedom of speech, assembly, movement etc. The right against exploitation abolishes practices like trafficking and forced labor. The right to religion protects religious freedom and minority rights.
The document outlines key aspects of the Constitution of Pakistan, including that it is the supreme law of the land. It establishes the separation of powers among the legislature, executive, and judiciary. The constitution also guarantees fundamental rights to citizens and establishes Islam as the state religion.
The document discusses the definition and scope of administrative law. It covers four key aspects - the composition and powers of administrative authorities, limits on their powers, procedures for exercising powers, and mechanisms for controlling authorities. It also discusses reasons for the growth of administrative law due to the expansion of government roles and responsibilities. This has led to issues like overburdened courts, disputes around employment, and the need for specialized tribunals. It further examines concepts like delegated legislation, principles of natural justice, and laws and constitutional provisions aimed at protecting women's rights.
Constitutional provisions & judicial options printkrishna G
This document discusses and summarizes various constitutional provisions related to reservations and affirmative action for socially and educationally backward classes in India. It discusses how the constitution allows for affirmative action for disadvantaged groups. It argues that Muslims can be considered a socially and educationally backward class and considers various judicial interpretations on this issue. The document also critiques the reasoning and questions posed by a High Court judgment on reservations for Muslims in the state.
The document summarizes the fundamental rights incorporated in the Indian constitution from Articles 12-35. It provides an overview of the key rights to equality, freedom, religious freedom, cultural and educational rights, and right to constitutional remedies. These fundamental rights form the foundation of Indian democracy and provide protection to citizens from the arbitrary power of the government. They are justiciable and the Supreme Court has the power to protect fundamental rights. However, parliament also has the power to modify or restrict these rights during emergencies.
Economy NCERT 9th Class: Ch 3 poverty as a callengeamanbishla1
The document discusses poverty in India. It defines poverty as not having enough income to afford basic necessities. The poverty line is defined as the minimum income required to meet basic needs and is calculated differently in rural and urban areas of India. The document also discusses global and interstate poverty trends and measures taken by the Indian government to alleviate poverty such as job guarantee programs and food security programs. The ongoing challenges of providing healthcare, education, job security and dignity for all are also mentioned.
Economy NCERT 9th Class: Ch 2 people as a resourceamanbishla1
This document discusses how population can be an asset or liability depending on education and health levels. It emphasizes that educating and providing healthcare to the population transforms them into valuable human capital that increases productivity and economic growth. Key institutions like educational institutes and health institutions help achieve this transformation through various programs. The document also discusses why education and health of citizens are so important for economic development and growth of a nation.
The document summarizes the key developments in the constitutional history of India under British rule from 1773 to 1947. It discusses acts and reforms that gradually increased Indian representation and self-governance, such as the Regulating Act of 1773, Pitt's India Act of 1784, Charter Act of 1833, Government of India Acts of 1858, 1909, 1919 and 1935, and finally the India Independence Act of 1947 which ended British rule. It also provides details on the composition and functioning of the Constituent Assembly established in 1946 to draft the Constitution of independent India.
Lecture 2 introduction to indian constitutionamanbishla1
The document provides an overview of the Indian Constitution including:
1) It outlines the various parts and schedules of the Constitution, noting there are 22 parts and 12 schedules dealing with topics such as fundamental rights, the union and state governments, emergency provisions, and more.
2) It discusses features of the Indian Constitution such as being the world's longest written constitution, borrowing elements from other countries like Britain, the US, and Ireland while being adapted to Indian conditions, and having both rigid and flexible aspects.
3) It examines aspects like whether India has a federal or unitary system, parliamentary vs presidential systems, and the basic structure doctrine established by the Supreme Court to limit parliamentary amendment powers.
This document provides an overview and analysis of key aspects of the Preamble to the Indian Constitution. It discusses how the Preamble establishes India as a sovereign, socialist, secular, democratic republic and aims to secure justice, liberty, equality and fraternity for its citizens. Key points covered include:
- The Preamble was drafted based on the Objective Resolution and reflects the vision of India's founding fathers. It establishes the core philosophy and values of the Constitution.
- Key terms like sovereign, socialist, secular, democratic, and republic are analyzed in the context of India's governance system.
- The Preamble aims to secure social, economic and political justice, liberty of thought and worship, equality of status and opportunity
This document discusses citizenship provisions in the Indian Constitution. It outlines the key citizenship acquisition methods at the commencement of the Constitution, including birth within Indian territory, having a parent born in India, or residing in India for at least 5 years. It also discusses citizenship for those who migrated between India and Pakistan. The Citizenship Act of 1955 and its amendments provide further details on acquiring and losing citizenship by birth, descent, registration, naturalization, or territory incorporation. Gaining Indian citizenship provides important constitutional rights and benefits related to non-discrimination, employment, freedoms of speech and movement, minority rights, voting, and eligibility for public offices.
The document summarizes the Directive Principles of State Policy (DPSPs) in the Indian Constitution. Some key points:
- DPSPs resemble the 'Instrument of Instructions' in the 1935 Government of India Act and aim to ensure 'social and economic democracy' and establish a 'welfare state'.
- DPSPs are non-justiciable but courts can use them to examine the validity of laws. They guide the government in framing policies and laws.
- DPSPs incorporate socialist principles like adequate livelihood, equal pay, health protections; Gandhian principles like village panchayats and cottage industries; and liberal principles like uniform civil code and environment protection.
-
The document provides an overview of the office of the Indian President based on key articles of the Indian Constitution. It discusses that the President is the head of the Union Executive and a part of Parliament. Some key points covered include that the President has a 5-year term, qualifications for election include Indian citizenship and age of 35, and impeachment of a President requires a 2/3 majority in both houses of Parliament. The role of the Vice President to discharge presidential functions in the event of a vacancy or absence is also summarized.
Fundamental duties were added to the Indian Constitution in 1976 by the 42nd Amendment on the recommendation of the Swarna Singh Committee. The committee felt that if citizens have rights, they should also have duties. Fundamental duties are principles that Indians should uphold, like abiding by the constitution, cherishing national ideals, upholding national unity and integrity, defending the country, promoting harmony, and protecting the environment. They are non-justiciable but can be enforced through social sanctions and parliamentary law. The duties outline responsibilities for citizens such as respecting the national flag/anthem, renouncing discrimination, valuing heritage, and providing education to children.
The president of India is elected by an electoral college consisting of elected members of both houses of parliament and all state legislative assemblies. Nominated members and citizens cannot participate in the election. The president is not directly elected to avoid potential conflicts between the president and prime minister if both were popularly elected. The value of each MP and MLA's vote is determined based on the state's population. The election uses proportional representation and a single transferable vote system. In the most recent 2017 election, Ram Nath Kovind was elected as president over Meira Kumar.
E-governance refers to the use of information and communication technologies by government agencies to improve information and service delivery, encourage citizen participation in the decision-making process, and make government more accountable, transparent and effective. It involves redesigning and transforming internal and external relationships of the public sector organization to better deliver public services and provide access to information. E-governance aims to make the interaction between government and citizens, government and businesses as well as inter-agency relationships faster, more convenient, transparent and less costly.
- The Anti-Defection Law was inserted into the Indian Constitution in 1985 to prevent political defections. It disqualifies members of a legislature if they change parties or vote against their party's directives.
- It aims to reduce political instability caused by frequent party switching, maintain the balance between an elected member's vote and individual choice, and curb corrupt practices like cash-for-vote. However, it is criticized for restricting freedom of speech of members and showing partiality.
- Reforms proposed include treating resignation same as defection, strengthening internal party democracy, limiting the law's scope to crucial votes, and making the Speaker's role more neutral by involving the Election Commission in defection decisions. Overall,
The government has scrapped Article 370 which granted special status to Jammu and Kashmir. The state will now be split into two union territories. Article 35A, which defined permanent residents of J&K, has also been abolished. This brings J&K under the full application of the Indian constitution and allows non-residents to buy property and apply for jobs there. While this aims to integrate J&K into India, it may face security threats from Pakistan and protests in Kashmir.
The document summarizes India's transition from its older fertilizer subsidy system to a new Direct Benefit Transfer (DBT) system. Key points:
- The new system transfers 100% subsidy payments to fertilizer companies based on actual sales recorded via Point of Sale devices at retailer shops. Farmers' identities are authenticated using Aadhar or other IDs.
- The pilot program was initially implemented in 17 districts and expanded nationwide. It led to increased authentication rates, faster transactions, and reduced overcharging.
- The expected benefits are increased transparency, reducing "ghost beneficiaries", plugging leakages to save exchequer money, and generating nutrient usage data to optimize soil health.
- However, issues
The document summarizes India's draft National Education Policy from 2019. The key points are:
1) The policy aims to transform India into an equitable and vibrant knowledge society by providing high-quality education for all, with a focus on access, equity, quality, affordability, and accountability.
2) It proposes reforms to school and higher education, including strengthening early childhood education, ensuring foundational literacy, integrating vocational education, increasing public funding for education, and consolidating higher education institutions.
3) The draft policy faces challenges in its implementation due to issues around funding, coordination with states, addressing disparities in learning levels, and ensuring quality especially in rural government schools.
The story of palampur village by ankesh bislaamanbishla1
This document discusses farming and the economy in Palampur village. It explains that farming requires four main factors of production: land, labor, capital, and human capital. It then discusses farming in Palampur specifically, noting that the land is distributed unevenly between large, medium, and small farmers. Small farmers work their own small plots while medium and large farmers hire labor. The document also discusses non-farm activities in Palampur like dairy, small manufacturing, shops, and the growing transport sector.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
1. INDIAN POLITY AND GOVERNANCE
Lecture 6
By Vishnu Agarwal
Fundamental Rights
(Part III)
2. •Fundamental Rights (Part III) are called as the ‘Magna Carta’ of
India.
•Fundamental Rights promote ideals of ‘political democracy’ as
they protect the liberties and freedom of people.
•They constitute the bedrock of democracy as they check the
absoluteness of the authority or totalitarianism by the
government.
•They are also essential for the all-round development of an
individual.
•Fundamental Rights are Justiciable. They are defended and
guaranteed by the Supreme Court. Thus, an aggrieved person
can directly go to the Supreme Court.
3. Article 12: Definition
“The State” includes the Government and Parliament of India and
Government and the Legislature of each states and all local and other
authorities within the territory of India or under the control of the
Government of India.
• Thus, State has been defined in very wide sense to also include bodies
like PSUs, RBI, SEBI etc.
• According to Supreme Court, even a private body or an agency
working as an instrument of the state falls within the meaning of the
‘state’ u/a 12.
• Fundamental Rights provide protection to people against actions of
‘State’. Thus, the Fundamental Rights are protected against the actions
of all these authorities.
4. Article 13 – Laws inconsistent with or in
derogation of the Fundamental Rights
1) If any law, which is enacted immediately before the
commencement of this Constitution, is inconsistent with the
provisions of this Part (Part III), shall, to the extent of such
inconsistency, be void.
2) The state shall not make any law which takes away/abridges
the Fundamental Rights and any law made in contravention
of this clause shall, to the extent of contravention, be void.
• This Article inderectly provides for the doctrine of ‘Judicial
Review’ as Supreme Court (u/a 32) and High Court (u/a
226) will have power to declare a law as void if it takes
away Fundamental Rights.
5. 3) “Law” includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usage having in the
territory of India the force of law.
• Thus, the definition of law has been kept very wide.
• It not only includes law made by legislature but it also
includes Presidential Ordinances, delegated legislation
etc.
4) Article 13 shall not apply to Constitutional amendment u/a
368.
• However, in Kesavananda Bharti Case (1973), Supreme
Court held that if a Constitutional amendment takes
away any Fundamental Rights which is part of ‘basic
structure’, then it can be challenged in can be
challenged in Court.
6. Fundamental Rights at a Glance
Right to equality
•Article 14 – Equality before law.
•Article 15 – Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth.
•Article 16 - Equality of opportunity in matters of public
employment.
•Article 17 – Abolition of untouchability.
•Article 18 – Abolition of titles.
7. Right to Freedom
• Article 19 – Protection of certain rights regarding freedom of speech,
etc.
• Article 20 – Protection in respect of conviction of offences.
• Article 21 – Protection of life and personal liberty.
• Article 21A – Right to education.
• Article 22 – Protection against arrest and detention in certain cases.
Rights against Exploitation
• Article 23 – Prohibition of traffic in human beings and forced labour.
• Article 24 – Prohibition of employment of children in factories, etc.
8. Right to freedom of Religion
•Article 25 – Freedom of conscience and free profession,
practice and propagation of religion.
•Article 26 – Freedom to manage religious affairs.
•Article 27 – Freedom as to payment of taxes for
promotion of any particular religion.
•Article 28 – Freedom as to attendance at religious
instruction or religious worship in certain educational
institutions.
9. Cultural and educational Rights
•Article 29 – Protection of interests of minorities.
•Article 30 – Right of minorities to establish and administer
educational institutions.
•Article 31 – Right to property (now repealed)
Right to Constitutional Remedies
•Article 32 – Remedies for enforcement of rights conferred by
this Part.
10. Article 14: Equality before law
The state shall not deny to any ‘person’ equality before
the law or the equal protection of the laws within the
‘territory of India’.
•‘Person’ has been used instead of ‘citizens’, thus, foreigners
also have this fundamental right. ‘Person’ also includes legal
person like companies etc.
•‘Equality before Law’ means law is supreme and everyone is
equal before law. There is no special privilege to anyone.
•‘Equal protection of law’ means equal treatment under
equal circumstances i.e. equals and unequals should be
treated differently.
11. A. V. Dicey on Rule of Law
•He gave 3 elements of Rule of Law:
•Absence of Arbitrary power: No man can be punished
except for a breach of law. (Article 20)
•Equality before law: All persons are equal before a
law. (Article 14)
•The primacy of the rights of the individual: The
Constitution is the result and not source of rights.
•India have adopted only first 2 elements of Dicey’s
concept.
12. •Equality before law is not absolute in India as there are
some exceptions to it.
•Article 361: Some immunities have been granted to
President and Governors:
•They are not answerable to any court for the
exercise and performance of the powers and duties
of his office.
•No criminal proceedings.
•No arrest or imprisonment.
•No civil proceedings (in his personal capacity) until
the expiration of 2 months next after notice has
been delivered to him.
13. • Article 361-A: If a substantially true report of any
proceedings of Parliament or state legislature is
published in a newspaper/radio/tv – then, there shall
not be any civil/criminal proceedings in a court against
any person.
• Article 105 and 194: Powers, privileges etc of the MPs
and MLAs.
• Article 31-C: It empowers Parliament to make a law to
give effect to DPSPs u/a 39 (b) and 39 (c), even if that
law is in contravention to Article 14 and 19.
• Immunities to foreign ambassadors and diplomats.
• Immunities to international organisations and their
members.
14. Article 15 – Prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth
•The State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or
any of them.
•Use of word ‘only’ means discrimination on other
grounds is allowed like ‘place of residence’.
•No citizen shall, on grounds only of religion, race, caste,
sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to:
15. a) Access to shops, public restaurants, hotels and
places of public entertainment; or
b) The use of wells, tanks, bathing ghats, roads and
places of public resort maintained wholly or partly
out of the state funds or dedicated to the use of
general public.
•In this provision, the term ‘state’ has not been used. It
means it prohibits discrimination by private individuals
also.
16. •However, this article provides for 4 exceptions:
•State can make special provision for women and children.
•State can make special provision for the advancement of any
socially and educationally backward classes of citizens or
for the SC and ST.
•State can make special provision, by law, for the
advancement of any socially and educationally backward
classes of citizens or for the SC or ST with respect to their
admission to educational institutions including private
educational institutions, whether aided or unaided by the
state, other than minority educational institutions.
•For Economically Weaker Sections (added by 103rd CAA).
17. Article 16 - Equality of opportunity in matters of public
employment
• There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the
State.
• No citizen shall, on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or
discriminated against in respect of, any employment or office under
the State.
• Exception 1: However, Parliament can make law to provide for
residence within a state/UT as a condition prior to any employment
or appointment.
• Only Parliament can make such a law. It cannot be made by state
legislature.
• Such provisions are made for Andhra Pradesh and Telangana u/a
371D.
18. •Exception 2: State can also make any provision for the
reservation:
•of appointments or posts in favour of any backward class of
citizens which, in the opinion of the State, is not adequately
represented in the services under the State.
•in matters of promotion, with consequential seniority, to
any post in the services under the State in favour of SC and
ST which, in the opinion of the State, are not adequately
represented in the services under the State.
•State can also consider any unfilled reserved vacancies of a
year (backlog) as a separate class of vacancies to be filled up
in any succeeding year or years. Such vacancies shall not be
considered for determining the ceiling of fifty per cent.
19. • The provisions related to reservation in promotion (77th CAA) and
not considering backlog as part of 50% ceiling (81st CAA) were
inserted in Constitution to nullify the ruling of Supreme Court in
Mandal case/Indira Sawney case (1992).
• However, SC with subsequent order have rejected reservation in
promotion. For example, in M Nagraj case (2006), SC put down
certain conditions to grant reservation in promotion. Recently, in
Jarnail Singh case (Sep 2018), SC indirectly rejected reservation in
promotion on grounds of creamy layer.
• Exception 3: However, a law can also provide that the manager, officer
etc. of any religious or denominational institution, shall be a person
professing a particular religion or belonging to a particular
denomination.
• Exception 4: Economically Weaker Sections (added by 103rd CAA).
20. •Indira Sawhney/Mandal case: SC ruled that:
•Creamy Layer in OBCs should be excluded from
reservation.
•No reservation in promotion.
•50% ceiling.
•Carry forward rule in case of backlog is valid, but total
reservation cannot exceed 50%.
•A permanent statutory body should be established to
examine complaints of over-inclusion and under-
inclusion in the list of OBCs.
21. Economically Weaker Sections
• Article 15(6):
• It allows state to make special provisions for the advancement of EWS
category.
• Moreover, for such advancement, special provisions can be made for their
admission into educational institution including private educational
institutions, whether aided or unaided by state. However, such provision
cannot be made for minority educational institutions.
• Such reservation would be in addition to the existing reservations (50%
ceiling) and subject to a maximum of 10% of the total seats.
• Article 16(6):
• It allows state to make provision for the reservation of appointments or posts
in favour of any economically weaker sections in addition to the existing
reservation and subject to a maximum of ten per cent. of the posts in each
category.
22. •“EWS" shall be such as may be notified by the State from time
to time on the basis of family income and other indicators of
economic disadvantage.
•Criteria for EWS Category:
•A General Candidate other than other reserved classes.
•Annual household income below Rs 8 lakh.
•Agriculture land below 5 acres.
•Residential house below 1000 sqft.
•Residential plot below 100 yards in notified municipality.
•Residential plot below 200 yards in non-notified municipality
area.
23. Article 17 – Abolition of untouchability
•“Untouchability” is abolished and its practice in any form is
forbidden.
•The enforcement of any disability arising out of
“Untouchability” shall be an offence punishable in
accordance with law.
•This fundamental right is available not only against state
but also against private individuals.
•According to this provision, an act was enacted –
Protection of civil rights act, 1955. To strengthen this act,
later another act i.e. Scheduled Castes and Tribes
(Prevention of atrocities) Act was also passed.
24. • Untouchability has not been defined in Constitution.
However, PCRA provided some acts as part of
untouchability like preventing from entering in place of
public worship, hotel, shop, hospital or any public place;
refusing to sell goods or render service; justifying or
encouraging untouchability; insulting any person on
grounds of untouchability; etc.
• Mysore high court held that Untouchability is the practice
as it had developed historically in the country. It refers to
the social disabilities imposed on certain classes of persons
by reason of their birth in certain castes.
Hence, it does not cover social boycott of a few
individuals or their exclusion from religious services etc.
25. Article 18 – Abolition of titles
•No title, except a military or academic distinction, shall
be conferred by the State.
•It means all the titles like Maharaja, Dewan etc. are
prohibited. This provision specifically targets
hereditary titles of nobility.
•SC held the constitutional validity of national awards
like Bharat Ratna, Padma awards etc. However, they
should not be used as suffixes or prefixes to the names
of awardees.
•No citizen of India shall accept any title from any foreign
State.
26. •A foreigner while he holds any office of profit or trust
under the State cannot accept any title from any foreign
State without the consent of the President.
•A person holding any office of profit or trust under the
State shall not accept any present, emolument, or office
from or under any foreign State without the consent of
the President.
•Difference in above 2 provisions:
• First provision is related only to Foreigners whereas
second is related to citizens as well as foreigners.
• First provision is related to titles only, whereas 2nd is
related to any present, emolument or office.
27. Article 19 – Protection of certain rights
regarding freedom of speech, etc.
• This article provides for 6 rights and reasonable restrictions to prevent
their misuse.
Rights of Citizens Reasonable Restrictions
Right to freedom of
speech and expression.
• Sovereignty and integrity of India,
• the security of the State,
• friendly relations with foreign States,
• public order,
• decency or morality,
• in relation to contempt of court, or
• defamation or incitement to an offence.
28. Rights of Citizens Reasonable Restrictions
Right to assemble peaceably and
without arms. (This right does
not include right to strike.)
• Sovereignty and integrity of India or
• public order.
Right to form associations or
unions or co-operative societies.
(like company, political parties,
partnership firms etc.)
• Sovereignty and integrity of India
• public order or
• morality.
Right to move freely throughout
the ‘territory of India’.
(Remember Article 1, thus
protection only within India not
outside.)
• Either in the interests of the general public
or for the protection of the interests of any
Scheduled Tribes.
• SC held that movement of prostitutes can be
restricted on the grounds of public health
and in the interest of public morals.
29. Rights of Citizens Reasonable Restrictions
Right to reside and settle in
any part of the territory of
India.
Either in the interests of the general public or
for the protection of the interests of any
Scheduled Tribe.
Right to practise any
profession, or to carry on
any occupation, trade or
business.
In the interests of the general public. Further,
state is empowered to prescribe:
(i) Professional/technical qualifications
necessary for practising any profession or
carrying on any occupation, trade or
business, or
(ii)Carry on by itself any trade, business,
industry or service, whether to the
exclusion, complete or partial, of citizens or
otherwise.
30. Article 20 – Protection in respect of conviction
of offences
• No ex-post-facto law: No ‘person’ shall be:
a. convicted of any offence except for violation of a law in force
at the time of the commission of the Act charged as an
offence,
b. subjected to a penalty greater than that which might have
been inflicted under the law in force at the time of the
commission of the offence.
• It prohibits only conviction and not trial.
• This limitation is imposed only on criminal laws and not on civil
laws or tax laws. Thus, a civil liability or tax can be imposed
retrospectively.
• Protection under this provision can not be claimed in case of
preventive detention.
31. •No Double Jeopardy: No ‘person’ shall be prosecuted and
punished for the same offence more than once.
•It is available only in proceedings before a court of law or
tribunal. It is not available in case of non-judicial bodies (like
departmental or administrative authorities).
•No Self-incrimination: No ‘person’ accused of any offence shall
be compelled to be a witness against himself.
•However, protection against self incrimination does not extend
to:
•Compulsory production of material objects;
•Compulsion to give thumb impression, specimen signature,
blood specimens, and
•Compulsory exhibition of the body.
•Civil proceedings.
32. Article 21 – Protection of life and personal liberty
“No person shall be deprived of his life or personal liberty
except according to procedure established by law.”
•Supreme Court ruled that ‘right to life’ also includes right to
live with human dignity and all those aspects of life which go
to make a human’s life meaningful, complete and worth
living.
•Similarly, SC held that expression ‘Personal Liberty’ is of
widest amplitude and covers a variety of rights.
•“Procedure established by law” versus “due process of law”:
•In first connotation, only procedure in formulating and
implementing a law is questioned.
•The constitutionality, reasonableness, fairness and just
nature of law is questioned only in later.
33. •In Gopalan case (1950), SC interpreted strictly within the
expression of ‘procedure established by law’. This means
that state, by law (if enacted by fair procedure), can deprive
the Fundamental Rights under Article 21.
•But in Menaka Gandhi case (1980), SC took wider
interpretation of ‘due process of law’. Thus, rights u/a 21 are
available against arbitrary actions of both legislature and
executive.
•Various rulings led to widest interpretation of this article and
following rights were also made part of ‘right to life’:
• Right to decent environment including pollution free water and air.
• Right to livelihood.
• Right to travel abroad.
34. • Right to privacy.
• Right to shelter.
• Right to health.
• Right to free education upto 14 years of age.
• Right to free legal aid.
• Right against handcuffing.
• Right to speedy trial.
• Right against solitary confinement.
• Right against inhuman treatment.
• Right against delayed execution.
• Right against bonded labour.
• Right against custodial harassment.
• Right against public hanging.
35. • Right to emergency medical aid.
• Right not to be driven out of a state.
• Right to fair trial.
• Right of prisoner to have necessities of life.
• Right to hearing.
• Right to information.
• Right to reputation.
• Right of appeal from a judgement of conviction.
• Right to appropriate life insurance policy.
• Right to sleep.
• Right to freedom from noise pollution.
• Right to electricity.
• Right of women to be treated with decency and dignity.
36. Article 21A – Right to education
“The State shall provide free and compulsory
education to all children of the age of six to fourteen
years in such manner as the State may, by law,
determine.”
•This Fundamental Right is added by 86th CAA. Earlier, it
was part of DPSPs, but now by making it a part of FRs, it
has become enforceable by the courts.
•86th CAA also amended DPSP and Fundamental Duties.
•In pursuance this article, parliament has enacted “Right
to Education Act, 2009”.
37. Article 22 – Protection against arrest and
detention in certain cases
In case of Normal punitive detention:
• When a person is arrested, then, before his detention in custody:
• He must be informed of the grounds for such arrest;
• He has right to consult, and to be defended by, a legal practitioner of
his choice.
• After detention – He must be produced before the nearest
magistrate within a period of 24 hours of such arrest. Detention
beyond 24 hours can be done only with the authority of magistrate.
• However, the time necessary for the journey from the place of arrest to
the court of the magistrate shall not be included in 24 hours.
38. •However, above protections are not available to any person —
(a) who is an enemy alien; or
(b) who is arrested or detained under preventive detention.
In case of preventive detention (detention without trial and
conviction by a court):
•Preventive detention of a person cannot exceed 3 months
unless —
(a) an Advisory Board, consisting of qualified Judges of a High
Court, has reported before the expiration of 3 months that
there is in its opinion sufficient cause for such detention.
(b) such person is detained as per any law made by
Parliament.
39. • If a person is preventively detained, then:
• the grounds of detention must be communicated to him and
• earliest opportunity of making a representation shall also be given
to him.
• However, grounds of detention need not to be disclosed if authority
making any such order considers that to be against the public interest.
• Parliament may by law prescribe—
(a) circumstances or cases in which, a person may be detained for a
period longer than three months without obtaining the opinion of
an Advisory Board;
(b) maximum period for which any person may be detained under
preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry.
40. Article 23 – Prohibition of traffic in human beings
and forced labour
•Traffic in human beings and begar and other similar forms of
forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with
law.
•Offences also includes Devdasis; slavery; immoral traffic in
women and children; selling of women and children as
goods; etc.
•This right is available to citizens as well as foreigners.
•This right is available against private individuals also.
41. •To implement this fundamental right, state has enacted various
laws like
•‘Immoral Traffic (Prevention) Act, 1956;
•Bonded Labour System (abolition) Act, 1976;
•Minimum Wages Act;
•Contract Labour Act; etc.
•Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such
service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.
•Discrimination can be made on grounds of ‘gender’ or ‘age’.
42. Article 24 – Prohibition of employment of
children in factories, etc.
“No child below the age of fourteen years shall be employed to
work in any factory or mine or engaged in any other hazardous
employment.”
• But this article does not prohibit their employment in any harmless or
innocent work. Similarly, children above age of 14 years can be
employed in hazardous industries.
• However, Child Labour (prohibition and regulation) amendment act,
2016 prohibited the employment of children below 14 years in all
occupations and processes. It is in sync with Right to Education.
• This new also prohibited employment of children in the age group of
14-18 years in hazardous occupations and processes.
43. Article 25 – Freedom of conscience and free
profession, practice and propagation of religion
• All persons are equally entitled to freedom of conscience and the right
to freely profess, practice and propagate religion subject to public
order, morality and health.
• Freedom of conscience: Inner freedom of an individual to mould his
relation with God.
• Right to Profess: Declaration of one’s religious beliefs and faith
openly and freely. The wearing and carrying of kirpans shall be
deemed to be included in the profession of the Sikh religion.
• Right to practice: Performance of religious worship, rituals,
ceremonies and exhibition of beliefs and ideas.
• Right to propagate: Transmission and dissemination to others. But, it
does not include right to convert another person’s religion.
44. •State has authority to make a law—
(a) regulating or restricting any economic, financial,
political or other secular activity which may be
associated with religious practice;
(b) providing for social welfare and reform or the
throwing open of Hindu religious institutions of a
public character to all classes and sections of Hindus.
•Hindus shall be construed as including a reference to
persons professing the Sikh, Jaina or Buddhist religion.
45. Article 26 – Freedom to manage religious
affairs
•Subject to public order, morality and health, every religious
denomination or any section thereof 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.
•Article 25 is individual centric whereas Article 26 is group
centric.
46. Article 27 – Freedom as to payment of taxes for
promotion of any particular religion
•No person shall be compelled to pay any taxes, the proceeds of
which are specifically used for the promotion or maintenance
of any particular religion or religious denomination.
•It means that state should not spend the tax money for the
promotion or maintenance of any particular religion.
•Thus, state cannot patronise a particular religion. However,
state can promote all religions equally.
•However, state can collect any ‘fee’ as this article prohibits
only taxation. This is because the purpose of a fee is to
control administration of religious institution in secular
manner.
47. Article 28 – Freedom as to attendance at religious instruction
or religious worship in certain educational institutions
•No religious instruction shall be provided in any educational
institution wholly maintained out of State funds.
•However, above provision shall not apply to an educational
institution which is administered by the State but has been
established under any endowment or trust which requires
that religious instruction shall be imparted in such institution.
•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 without his consent. If
such person is a minor, consent of his guardian is required.
49. Article 29 – Protection of interests of
minorities
•“Any section of the citizens” having a distinct language,
script or culture of its own shall have the right to
conserve the same.
•SC held that “any section of citizens” does not include only
minorities.
•No citizen shall be denied admission into any
educational institution maintained by the State or
receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them.
•These rights are available to Indian Citizens only.
•First is group centric whereas second is individual centric.
50. Article 30 – Right of minorities to establish and administer
educational institutions
• All minorities, whether based on religion or language, shall have the right
to establish and administer educational institutions of their choice.
• However, SC in Secretary of Malankara Syrian Catholic College case
(2007), gave following decisions:
i. The right to establish and administer educational institutions include
selection of governing body, personnel administration, student
admission and fees policies, use of properties of institution etc.
ii. The right u/a 30 is to ensure equality with the majority and not
intended to place the minorities in a more advantageous position as
compared to majority.
iii. The general laws relating to national interest, national security,
public morality, health taxation etc. are equally applicable to
minority institutions.
51. iv. Right to administer does not include right to mal-administer.
Governmental regulations can be made for maintaining
standards and academic excellence.
v. If state provides aid to minority educational institutions, then
state can impose condition for proper utilization of that aid. But,
such an aid shall not dilute or abridge the rights of minority
educational institutions.
• In compulsory acquisition of any property of such educational
institution, the State shall ensure that the compensation fixed for such
acquisition is not going to restrict or abrogate the right guaranteed to
them.
• Thus, right to property is guaranteed for educational institutions
established by minorities.
• In granting aid, state shall not discriminate against any educational
institution on the ground that it is under the management of a
minority.
52. Article 31 – Right to property (now
repealed)
• Earlier, Article 31 and 19(f) provided for right to property. They
provided that no person shall be deprived of his property except by
authority of law.
• After a long drawn tussle between Parliament and Judiciary, these
articles were repealed by 44th CAA in 1978. A new article 300A was
inserted.
• Article 300A: No person shall be deprived of his property save by
authority of law.
• Thus, Right to Property is still a constitutional right, but it is no more a
fundamental right. Thus, it is not enforceable directly by supreme
court. Moreover, there is no guaranteed right to compensation.
53. Article 32 – Remedies for enforcement of
rights conferred by this Part
•The right to move to Supreme Court, for the enforcement of
the fundamental rights, is guaranteed.
•This article makes fundamental rights real.
•A person can directly go to SC for protection of his
fundamental rights. Thus, this article makes SC as the
defender and guarantor of the fundamental rights.
•However, the jurisdiction of SC is not exclusive as a person
also has choice to move to High Court u/a 226.
•Dr. Ambedkar considered this article as a very soul and heart
of Constitution.
54. •The Supreme Court shall have power to issue directions or
orders or writs, including writs in the nature of Habeas Corpus,
Mandamus, Prohibition, Quo Warranto and Certiorari for the
enforcement of fundamental rights.
• Thus, SC jurisdiction is not only original (a person can go directly to
SC) but also wide (SC can issue order, directions and writ).
•Without prejudice to the powers conferred on the Supreme
Court, Parliament may by law empower any other court to
exercise the powers exercisable by the Supreme Court to
protect fundamental rights.
•The right guaranteed by this article shall not be suspended
except as otherwise provided for by this Constitution.
•Like Article 359 provides that this article can be suspended
during National emergency.
55. Writs
•The writ jurisdictions of Supreme Court and High Court differ as
follows:
Supreme Court High Court
It can issue writs only for
enforcement of FRs.
It can issue writ for any other
purpose as well.
Jurisdiction includes whole
territory of India.
Jurisdiction includes territory
of state.
SC cannot refuse to exercise its
writ jurisdiction.
HC can refuse it.
56. Type Purpose Against whom?
Habeas
Corpus
To set free a detained person
illegally.
Public authorities as
well as private
individuals.
Mandamus A command issued by court
to a public official asking him
to perform his official duties
which he is failed to perform.
Any public body,
tribunal, corporation,
court or government.
Prohibition By a higher court to lower
court or tribunal to prevent
later from exceeding its
jurisdiction.
Judicial and quasi-
judicial bodies.
57. Type Purpose Against whom?
Certiorari By a higher court to lower court or
tribunal either to transfer a case
pending with the latter to itself or
to squash the order of the latter. It
is both preventive and curative.
Judicial and quasi-judicial
bodies; administrative
authorities.
Quo-Warranto To prevent illegal usurpation of
public office by a person.
Principle of Locus standi is not
applicabe i.e. this can be sought by
any interested person not
necessarily by the aggrieved
person.
Only in case of substantial
public office of a
permanent nature created
by statue or by
Constitution. It cannot be
issued in cases of
ministerial or private
office.
58. Exceptions to Fundamental Rights
•Article 31A - Saving of laws providing for acquisition of
estates, etc.
•Article 31B: Validation of certain Acts and Regulations.
•Article 31C: Saving of laws giving effect to certain directive
principles.
•Article 33: Power of Parliament to modify the rights conferred
by this Part in their application to Forces, etc.
•Article 34: Restriction on rights conferred by this Part while
martial law is in force in any area.
•Suspension of FRs during National Emergency (discussed in
chapter “Emergency Provisions”).
59. Article 31A - Saving of laws providing for
acquisition of estates, etc.
• No law shall be deemed to be void on the ground that it is inconsistent
with article 14 or article 19, if it provides for —
(a) Acquisition of any estate or of any rights therein by the state, or
(b) Taking over of the management of any property by the State for a
limited period either in the public interest or in order to secure the
proper management of the property, or
(c) Amalgamation of two or more corporations, or
(d) The extinguishment or modification of any rights of managing
agents, secretaries and treasurers, managing directors, directors or
managers of corporations, or of any voting rights of shareholders
thereof, or
(e) Extinguishment or modification of any mining lease.
60. If such law is made by the Legislature of a State, the
provisions of this article apply only if such law have
been reserved for the consideration of the President
and has received his assent.
Where acquisition of any estate comprises such land,
which is under personal cultivation of a person and
land is within the statutory ceiling limit, then it State
shall provide for payment of compensation at a rate
which shall not be less than the market value.
61. Article 31B: Validation of certain Acts and Regulations
•It saves the acts and regulations included in the 9th
Schedule from being challenged and invalidated on the
ground of contravention of any of the FRs.
•However, in I. R. Coelho (2007) case, SC ruled that there
could not be any blanket immunity from judicial review
as it is part of basic structure.
•SC held that laws placed under 9th Schedule after April
24, 1973 are open to challenge in court if they violated
FRs guaranteed u/a 14, 15, 19 and 21 or the basic
structure of the Constitution.
62. Article 31C: Saving of laws giving effect to certain
directive principles
• If any law gives effect to all or any DPSPs, then it shall not be
deemed to be void on the ground that it is inconsistent with article
14 or article 19. Such a law cannot be questioned in court of law.
• 25th amendment act provided protection to only DPSPs u/a
39(b) and (c). But later 42nd CAA extended this protection to all
DPSPs.
• But SC in Minerva Mill case (1980) declared this extension of
provision as invalid and unconstitutional. Thus, immunity is
available to only socialistic DPSPs u/a 39(b) and (c).
• SC also held this provision as unconstitutional as it takes away
Judicial Review which is part of basic structure.
63. Article 33: Power of Parliament to modify the rights
conferred by this Part in their application to Forces, etc.
•Parliament may, by law, to ensure the proper discharge of
their duties and the maintenance of discipline among them,
restrict or abrogate any fundamental rights for following forces:
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance
of public order (police and para-military forces); or
(c) Bureaucracy or intelligence or counter intelligence
organisations; or
(d) person employed in telecommunication systems which is
set up to serve above mentioned forces.
64. Article 34: Restriction on rights conferred by this
Part while martial law is in force in any area
•Parliament may by law indemnify any public servant or
any other person in respect of any act done by him in
connection with the maintenance or restoration of order
in any area where martial law was in force.
•Parliament can also validate any sentence passed,
punishment inflicted, forfeiture ordered or other act
done under martial law in such area.
•Martial law is not defined in Constitution, but it means
rule by military and not by civil authorities.
65. Article 35: Legislation to give effect to the provisions of
this Part
• Only Parliament shall have, and the Legislature of a State shall not
have, power to make laws with respect to following matters:
• Prescribing residence as a condition for employment in article
16(3).
• Empowering a court other than SC to protect FRs of citizens u/a
32(3).
• Article 33 i.e. restriction of FRs for armed forces and various other
forces.
• Article 34 i.e. indemnifying any government servant or any other
person for any act done during the operation of martial law.
• Providing punishment u/a 17 (untouchability) and 23 (traffic in
human beings and forced labour).
• Thus, Parliament can make law on above subjects even if they fall in
“state list”.
66. Rights outside Part III
•Article 265: No tax shall be levied or collected except by
authority of law.
•Article 300A: Right to property.
•Article 301: Trade, Commerce and intercourse
throughout the territory of India shall be free.
•Article 326: Right to vote.
•These rights are called “Constitutional Rights”. They
are different from fundamental rights.