wpe CHAPTER Ask eee.) nr cS) Article 12-35 of Part lll of constitution. Inspired from Constitution of USA (Bill of Rights) Fundamental for all round development: Material, intellectual, moral and spiritual. Significance: Magna carta of india; usticiable; Guaranteed toall; subjected to reasonable restriction, ideal of political democracy; Limitations on the tyranny of the executive and arbitrary of laws of legislature. <-* Harmony between FR and DPSP is part of basic structure of the constitution The right to property was deleted from the lst of FR by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part Xil of the Constitution. So, at present, there are only six Fundamental Rights, Pa Keyan ade ea cue) @ Rights are claimed by the citizens against the state and not the vice versa, @ Some of them are available ply to the citizens (Art. 15, 16, 19, 29 and 30}While others are available to all persons whether citizens, foreigners or legal persons like corporations or companies. a“ restrictions. Lo other country in the world, including the USA. F> Right to Equality (Article 14-18) Moker) FUNDAMENTAL RIGHTS Not absolute but qualified ~ Subjected to reasonable FR in India are more elaborate than those found in any PART (at) a2 ao 2 Allare available against the arbitrary action ofthe state, Gore of them are also available against the actions of private individuals.) ‘* _ Some are negative in character and some are positive. ‘Art. 19: canbe suspended only on the grounds of war or ‘external aggression (External Emergency) and not on the ground of armed rebellion (Internal Emergency). ‘@ Not sacrosanct or permanent - can be amended by parliament. ¢ Guaranteed by the Constitution to all persons without any discrimination. '* Guaranteed and protected by the Constitution, whichis the fundamental law of the land. @ Prevent the establishment of an authoritarian and despotic ruleinthe country. ® Protect the liberties and freedoms of the people against the invasion by the State. Scope of operation is limited by Art.32A (saving of laws providing for acquisition of estates), Art.318 (\ of certain acts and regulations included in schedule) and Art.316"(saving of laws giving « certain DPSP), | Application of FR can be restricted while m | force inany area, * ‘© Most are self-executory, while few oft enforced on the basis of a law — Such law ca CONN aoe am PAsaAEUD IA CMAN AUN UN Tet Right to Equality (Art. 14-18) “4 Equality before Law and equal pi Prohibition of discrimination bRight to Freedom (Art, 19-22) © Foptection of six rights regarding freedom of (Art }: Speech and expression; Assembly; Asso:iation; Movement; Residence; Profession. $ Protection in respect of conviction for offences. (art. 20) © Protection of fife and personal liberty (Art 21) © Right to elementary education. (Art. 21) * Protection against arrest and det. arrest and detention in certain cas (Aart.22) # Right Against Exploitation (Art. 23-24) * Prohibition of trafficin human beings and forced labour. (art.23) . Prohibition of employment of children in factories etc. (art.24) Right to Freedom of Religion (Art. 25-28) ‘* Freedom of conscience & free profession, practice & Propagation of religion. (Art 25) * Freedom to manage religious affairs. (Art 26) ‘* Freedom from payment of taxes for promotion of any religion. (Art27) ‘¢ Freedom from attending religious instruction or worship inccertain educational institutions. (Art 28) ‘Cultural and Educational Rights (Art. 29-30) Protection of language, script and culture of minorities (art 29) Right of minorities to establish and administer educational institution. (Art 30) Right to Constitutional Remedies (Art. 32) ‘@ Right to move the supreme court for enforcement of fundamental rights including the writs of (Art 32: Part of basic structure). © Habeas corpus, Mandamus, Prohibition, Certiorari, ‘and Quo warranto. INP ent eels NEE Wage a acs} ‘Fundamental Rights available only to ci toforeigners -¢ _Art.15: Prohibition of discrimination on grounds of religion, race, caste, sexor place ofbirth. " art.16: Equality of opportunity in matters of public ‘* Art 29: Protection of language, script and culture of minorities, Art.30: Right of minorities to establish and administer educational institutions Fundamental Rights available to both citizens and foreigners (except enemy aliens) ‘% Art.14: Equality before law and equal protection of laws Art.20: Protection in respect of conviction for offences. . ‘@ —Art.21: Protection of life and personal liberty ‘# Art.21A: Right to elementary education. ‘¢ Art.22: Protection against arrest and detention in certain ‘© Art.23: Prohibition of trafficin human being labour. ies and forced ‘@ _Art:24: Prohibition of employment of etc. children in factories ‘¢ Art.25: Freedom of conscience and free profession, Practice & propagation of religion * Art.26: Freedom to manage religious affairs. ‘¢ _Art.27: Freedom from payment of taxes for promotion of any religion. © Art.28: Freedom from attending religious instruction or worship in certain educational institutions. pel rea woe Ney INCONSISTENT WITH FUNDAMENTAL RIGHTS Definition of State (Art.12) * Asper Art.12 the term state includes: Government and parliament; Government and legislature of states; Alllocal authorities ie. municipalities, panchayat, district boards, improvement trust etc. All other authorities, that is, statutory or non-statutory authorities ike LIC, ONGC, SAIL ete '¢ According to Supreme Court: even a private body or an. agency working asan instrument of the state falls within the meaning of state under the article 12. Laws Inconsistent with Fundamental Rights (Art.13) @ Art13:alllawsthat are inconsistent with orn derogation ‘of any ofthe fundamental rights shall be void (expressively provides for the doctrine of judicial review), ‘@ Term ‘law’ in Art 13: Permanent laws enacted by center and state; temporary ordinance by president; Statutory instruments of delegated legislation (executive legislation) ree of law.‘* Kesavananda Bharati case (1973): SCheld that a Constitutional amendment can be challenged on the ground ifit violates 2 fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void. RIGHT TO EQUALITY: ART.14-18 Articles Article 14 Indian Polity Subject Matter Art 14: the state shall not deny to any person “equality before the law’ or the “equal protection of the laws” within the territory of india Equality Before Law (British Origin + Negative notion): a) Absence of any special privileges in favour of any person; ') Equal subjection of al persons to ordinary law of land administered by ordinary law courts; ©) Nopersonis above law. Equal Protection of Law (American Origin + positive notion): a) Equality of treatment under equal circumstances, both in privileges conferred and liabilities imposed. by the laws; ) Similar application of the same laws to all person who are similarly situated; ) Like should be treated alike without any discrimination. Art.148 forbids class legislation, it permits reasonable classification of persons, abjects and transactions by the law, Confers right to all persons (citizens and foreigners) and includes Legal Persons. Rule of Law (by A V Dicey) (basic feature of constitution): concept of ‘Equality before Law’ is an ‘element of Rule of law. Rule of Law’ has 3 fundamental principles: 1. Absence of arbitrary power - applicable to the Indian System 2. Equality before law - applicable to the Indian System 3. Primacy of individual rights~not applicable, as constitution is source of individual rights. Exceptions to Equality: + President of india and Governor, Foreign sovereigns and diplomats, UNO and its agencies, + ari 3: SCheld that where “Art 31C comes in, Art 14 goes out”, * Ar 361,:No person liable for any civil or criminal proceedings in any court in respect of publication in news reports of true report of any proceedings of parliament or state legislature. 7 Ar% 105: Parliamentary privilege of members of parliament + Art 194: privileges of state legislature in the legislature or any committee thereof ‘Act 15: State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. | Word ‘only’ connotes that iscrmmination on other grounds ts not prohibited. ‘Ast 15(2): This provision prohibits discrimination both by the State and private individuals, while the former provision prohibits discrimination only by the State. ‘Art 15(3) and 15(4): foundational bricks of reservation syst! Four exception to this general rule of non-discrimination: 4) State's permitted to make any special provision for women and children. ») for advancement of any socially and educationally backward classes orfor cs and STs. €) for advancement of any socaly and educationally backward clases of cizens or for SCs and STs regarding their admission to educational institutions including private educational institutions whether aided or unaided by state except minority educational institutions. 4) for advancement of any economically weaker section (EWS) of citizens. the country. | 5 Baa i deat - ———— > «© © @ © 4 > +Article 16 Reservation for OBC in Educational institution ~* Exception in Art.15 (c): 93rd amendment act (2005) — enacted Central Educational Institutions (reservation in admission) Act, 2006 — quota for 27% reservation for OBC in all central higher ‘educational institutions including the IITs and the liM. Reservation for EWS in Educational Institution * Exception Art.15 (d) was added by the 103/0 Ame: dment Act of 2019 > 10% reservationto EWSin ‘admission to educational institutions. Ar 16: Equality of opportunity for all citizens in matters of em ployment or appointment to any office Under the state ‘No citizen can be discriminated against or be ineligible for any employment or office under the state on Brounds of on\y religion, race, cate, sex, descent, place of birth or residence, Four exception to this general rule of Equ 1. Parliament can prescribe residence as» for certain employment or appointment in a State 0 UT o local authority or other authority (only in Andhra Pradesh and Telangana) 2. State cam provide for reserva {snot adequately represented in state services in favour of any backward class that Alaw can provide that incumbent of an office related toa religious or denominational institution ora ‘member of its governing body should belong to the particular religion or denomination. State is permitted to make a provision for the reservation of upto 10% of appointment of post in favour of any EWS of citizen, 1953: first Backward Classes Commission under the chairmanship of Kak Kalelkar 41978: under Art. 340, Second Backward Classes Commission under chairmanship of f,p. Mandal to investigate the conditions of the SEBCs and suggest measures for their advancement - ~ About'529%: Socially + educationally backward (excluding SCs) and STs > Reservation of 27% government jobs for the OBCs — total reservation would be SO%, 41990: VP. Singh Govt. declared reservation of 27% government jobs for the OBCs. 11991: Narasimha Rao Govt introduced two changes ~ Preference to the poorer sections among the OBCsin the 27 quota economic criteria) Reservation of another 10% of jobs for poorer sections of higher castes SCin Mandal case (1992), the scope and extent of Article 16(4): + Upheld the constitutional validity of 27% reservation for the OBCs with certain conditions + Rejected the additional reservation of 10% for poorer sections Total reserved quota should not exceed 50% except in some extraordinary situations. No reservation in promotions; reservation should be confined to initial appointments only. + Advanced sections among the OBCs should be excluded- creamy layer, + ‘Carry Forward Rule’ in case of backlog vacancies is valid - should not violate S0% rule. + Permanent statutory body should be established to examine inclusion-exclusion purpose. NcBCestablished by an act (1993) - 102nd CAA (2018) _ constitutional status (Art. 338 B). / tt Inany form. 17 abolishes ‘untouehallt and forbids practice in any form. tixouchabity (offence) Act, 3886; amended n 76 and renamed 0 Protection of Chl igs Ack. 1955". Phrase" ity” not defined either in the Constitution or in the act. sacra Me een is ater ot eE1? Unigtinyurhubty nara ce myst oe a te pracce sithad developeahistorcalyin country. Indian PolityArticle 18 * Exception: Does not cover the social boycott of few individuals or their exclusion from religious services ete. Supreme Court: Avallable against private individuals and the constitutional obligation of the state to take necessary action to ensure that this right is not violated, AMLAB abolishes tiles and makes four provisions in that regard a) It prohibits the state from conferring any title (except a military or academic distinction) on anybody, whether a citizen ora foreigner. ) It prohibits a citizen of india from accepting any title from any foreign state ©) Foreigner holding any office of profit or trust under the state cannot accept any tile from any foreign state without the consent of the president 4) No citizen or foreigner holding any office of profit or trust under the State isto accept any present, emolument/office from/under any foreign State without the consent of president * Supreme Cour (1996): upheld the constitutional validity of the National Awards-Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shi * SC ruled: these awards do not amount to ‘tiles’ within the meaning of Art. 18 vhot prohibits only hereditary titles of nobility ~ Maharaja, Ra/Rai Bahadur, Rai Saheb, Dewan Bahadur. * Theyshouls not be usesd as suffixes or prefixes to the names of awardees. Otherwise, they should forfeit the awards. RIGHT TO FREEDOM: ART.19-22 © _ Right to practice any profession or to carry on any ¢ Article 19: Guarantees toallcitizens thesix rihts. These are ‘occupation, trade or business Originally Arta had 7 rights: Right to property deleted by 44 Amendment Act 1978! Art, 300A, eee ie rcescomel speed and expression © These six rights are protected against only state action | 2. _ Right to assemble peaceably and without arm i nis pencasn Loach 3. Right to form associations or unions or cooperatives societies 4. Rightto move freely throughout the territory of india Available on\y <0 Civ\zens and not for foreigners and legal entities. i '@ States can impose reasonable restriction on these 6 rights Right toreside and settle in any part ofthe territory solely on the grounds mentioned in Avt.19 itself andnot | ofindia onother grounds. ‘ Subject Matter : + Suprime Court (SC) held that freedom of speech contains the following rights: ‘ Art 19 (1) Indian Polity a). Right to propagate one’s views as well as views of others b) Freedom of press Freedom of commercial advertisements y 4) Right against tapping of telephonic conservation €) Right to telecast, thats, government has no monopoly on electronic media | fh Right against bandh called by apolitical party or organization |g) Right toknow about government activities. hh) Freedom of silence | |) Right against imposition of pre-censorship on a newspaper 4 {Right to demonstration or picketing but not right to strike iP + Reasonable Restriction: Sovereignty and integrity of india; Security ofthe state; Friendly elations with foreign states; Public order; Decency or Morality; Contempt of court; Defamation; incitement to anFreedom of Assembly: Art.19(2) Freedom of Association at19(3) Freedomot Movement Art 19(4) Freedom of Residence Art 19(5) AllCitizens have right to assemble peaceably and without arms. Right to hold public meetings, demonstration and take out processions, Permitted only: on publicland + in peaceful manner + unarmed Does not protect: violent, disorderly, riotous assemblies or one that causes breach of public peace or involves arms | Right does 101 inclu je Right to Strike Reasonable Restriction: > On two grounds Sovereignty and integrity of india + Publicorder trate can restrain an assembly, meeting or procession risk of obstruction, annoyance or danger to human life, health or safety or disturbance of public tranquility or riot or any affray invoked on many instances to tackle Covid19, Section 144 (CrPC): May ~ Section 141 (IPC): Assembly of five or more persons becomes unlawful f the object: + Toresist execution of any law or legal process * To forcibly occupy the property of some person + Tocommit any mischief or criminal trespass + Toforce someone to do an illegal act + Tothreaten govt offcials on exercising lawful powers A-¢ 19(3) All itizens have the right to form association or unions or cooperative societies: | Fight to Form: Political Parties + companies + partnership firms + societies + clubs + organizations + trade unions or anybody of persons. Includes right to continue with the association lncludes negative rightef not to form or join an association or union Reasonable restrictions: Sovereignty of india + integrity of India + Public order + Morality. Right to obtain recognition of association fs not a fundamental right- Supreme Court held that trade union: | + Have no guaranteed right to effective bargaining > Have no right to strike 7 Have no right to declare lockout - can be controlled by an appropriate industrial law. Every citizen has right to move freely -Inter-state and ntra-state movement. ‘Objective: Unity of india + promote national feeling + no parochialism Restrictions: Interest of general public + Protection of interests of any STs. ‘sc movement of prostitute can be restricted on ground of - public health and morals. ‘Art 19/ Internal freedom of movement right to move inside the country ‘Art. 21 External freedom of movement - right to move out of the country Every citizen has right to reside and settle in any part of territory of india, Intended to remove internal barriers within the country zestrictions Interest of general pubic + Protection of interests of any ST. in many parts of the country, the tribals have been permitted to regulate their property accordance with their customary rules and laws, ‘certain areas can be banned for certain kinds of persons lke prostitutes and habitual fight to residence and right tomovementare complementarytoeachother,Freedom of Profession At19(6) art20 Art21 Indian Polity « Alleizens are given the right to practice any profession or to carry onany occupation, trade and business. + Very wide: covers all means of earning one’s livelihood * State is empowered to: + Prescribe professional/ technical qualifications necessary for Con any occupation, trade or business; + Carry on by itself any trade, business, industry or service whether to the exclusion (complete or practicing any profession or carrying partial) of citizens or otherwise «State isnot required to justify its monopoly, ‘+ Not includes: right to carry on a profession or business or trade or occupation that is immoral or | cangerous ~ state can absolutely prohibit these or regulate through licensing, | + n20Protecionagansarbtrryandexesve punishment oan accusedperson Citizen, o foreigner or leg persenite company ora corporation '* No Ex-Post~Facto Law (imposes penalties retrospectively): No person shall be Convicted of any: ‘offence cept for volstonof slaw n orc atthe tne ofthe commision ofthe act nor Subectedtoa penalty gresterthan that prescribed by the aw norce atthe tme of commision of offence only on criminal {aw not onc laws or tax laws, cannot be claimed in ase of preventive detention or demanding | security from person. | «No Double Jeopardy: Noone shall be prosecuted an punished forthe same offence more thaa | nce, Avaliable ony on proceedings before a curt of aw or ui ibunalie, For bodies whichare | Jul nature. Inquiry by Dept or administrative authores are exceptions. + No Se ncrimination: No person accused of any offence shall be compelled tobe a witness against | himsell Extends to both oral and documentary evidence. Do not extend to chil proceedings or | proceedings which are not of criminal nature, | a + Article 21: no person shall be deprived of his lfe or personal liberty except according to procedure established by law. + Procedure established by law (borrowed from Japanese Constitution): validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair or Unjust + Due Process of Law (American concept): a doctrine that not only checks ifthere isa law to deprive the life and personal liberty of a person but also ensures that the law is made fair and just. ‘Landmark Cases on Article 24 Gopalan Case (1950) «Protection under Art.21isavailable against arbitrary executive action and not from arbitrary legislative action ~ Narrow interpretation + Personalliberty only liberty relating to the person or body of an individual. ‘Maneka Gandhi Case (1978) + Introduced ‘due process of law’ (American expression); protection under Art.21 should be available not only against arbitrary executive action but also against arbitrary legislative action. + Right to life and personal liberty of a person cannot be deprived by law provided the procedure prescribed by that law is reasonable, fair and just. «Right to life: right to live with human dignity + Personal liberty widest amplitude andi covers a variety of rights that goto constitute personal liberties ofaman. . isthe wider interpretation of Art.21.Art 218, Art 22 KS Puttaswamy Case (2017) + Itheld that privacy isan ‘ural right that inheres in all-natural persons, and that right may be restricted only by state action that passes each of three tests Such state action must have a legislative mandate; * Mmust be pursuing a legitimate state purpose; and + Itmust be proportionate. Hadiya Case (2017) © SG "The right to marry a person of one’s choice is integral to Art.21 (right to life and liberty) of the Constitution”, ArL214; State shall provide free and compulsory education to all children of the age of six to fourteen, years ~in such manner the state may determine. 86th CAA (2002): Education for All~“Dawn of the second revolution in chapter of citizens right” ‘ALAS in part IV directive principles of state policy — provision for free education ‘+ Change after 86th CAA: state shall endeavor to provide early childhood care and education to his children until they complete age of 6 years ArS1A.shall be duty of every citizen of india to provide opportunities for education to his child or ward between the age of six and fourteen years 1993; Supreme court recognized right to free education under Art.21 Article 22: grants protection to persons who are arrested or detained Preventive detention:without trial and conviction by court Punitive detention: punishment after trial and conviction, ‘Art, 22 (1):Confers the rights on a person who is arrested or detained under an ordinary law: Right to be informed of the grounds of arrest; Right to consult and be defended by a legal practitioner; Right to be produced before a magistrate within 24 hours (excluding the journey time); Right to be released after 24 hours unless the magistrate authorises further detention. These safeguards are not available to an enemy alien or a person arrested or detained under a preventive detention law. * Art. 22(2): Grants protection to persons who are arrested or detained under a preventive detention law. + Available to botheitizens as well s aliens. + The detention of a person caninot exceed three monthsunless the advisory board reports sufficient cause for extended detention. The board is to consist of judges of ahigh court. «Art. 22 also authorises the Parliament to prescribe: circumstances and classes of cases in which a ‘person can be detained for more than three monthsunder a preventive detention law without obtaining the opinion of an advisory board; maximum period for which a person can be detained under a preventive detention law; procedure to be followed by an advisory board. Parliament has exclusive authority: to make alaw of preventive detention for reasons connected with defence, foreign affairs and the security of Indi Both Parliament and state legislatures: can concurrently make a law of preventive detention for security of state, maintenance of public order, supplies & services essential to community, “No democratic countryin the world has made preventive detention as an integral part of the Constitution. ‘ashas been done in india,Ere una ec LLu on niaa Lee sacaad Subject Matter Article 23: Prohibition of traffic in human beings and forced labour. Protects the individual from both against the State and private persons. npose compulsory for public purposes. €.g. military service Expression ‘traffic in human beings’ include: Selling and buying of men, women and children like goods; Immoral traffic in women and children; prostitution; Devadasis; Slavery Forced labour: means compelling a person to work against his will, {Art 24 prohibits the employment of children 10% {18 years imany factory, mine or other hazardous Itdoes not prohibit theiremployment in any harmless or innocent work ‘Commissions for Protection of Child Rights Act, 2005: enacted to provide for the establishment of a National land State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of Supreme Court: directed the establishment of Child Labour Rehabilitation Welfare Fund cum Naas maa Cun aea Lee) ‘Subject Matter ‘Art.25: All persons are equally entitled to freedom of conscience and right to freely profess, practice and Right to propagate does not include a right to convert another person to one’s own religion. Forcible cconversionsimpinge on the “freedony of conscience’ guaranteed to all the persons alike. us beliefs (doctrines) + religious practices (rituals) ‘Art.25 also contains two explanations: | + Wearing and carrying of"p2ns is to be included in the profession of the Sikh religion; ublic order + morality + health + other provisions relating to fundamental rights. | ‘Act. 26: every religious denomination or any of its section shall have the following rights: F Right toestablish and maintain institutions for religious and charitable purposes * Right toadiminister such property in accordance with law. | ‘Ae4.27: No person shall be compelled to pay any taxes for promotion or maintenance of any particular Provision prohibits the state: favoring, patronizing and supporting one religion over the other. Taxes can be used for promotion or maintenance of ll ligions and not any particular religion, _ Articles At23 Thisrightis available to both citizens and non-citizens. Exception: Art.23 permits theState or social service, for which itis not bound to pay. ‘Note: The ‘Age’ is not mentioned in Art.23 Begar: means compulsory work without remuneration art24 activities like construction work or railway. offences against children or of violation of child rights Articles Arta | propagate religion. | |» Art.25 covers: reli + Hindus; include Sikhs, Jains and Buddhists. | Available to all persons: citizens as well as non-citizens | Exceptions At26 Right tomanage its own affairs in matters of religion + Right toown and acquire movable andimmovable property Art27 ‘eligion or religious denomination, Provision prohibits only levy of a tax andnot a fee. Indian Polity 31ARt2B_— + 4 25: No religious instruction shall be provided in any educational institution wholly maintained out of ‘+ Not applicable to: educational institution administered by the state but established under any endowment Cor trust, requiring imparting of religious instruction in such institution. ~ Institution wholly maintained by the state - completely prohibited ~ institution administered by the state but established under any endowment or trust- religious instruction 's permitted ~ Institution recognised by state - permitted on a voluntary basis — Institution receiving aid from the state - permitted on a voluntary basis Piegag sabia Lalo kaka Article -25 Article -26 Freedom of Conscience and Free Profession, Practice and Freedom to Manage Religious Affairs, Propagation of Religion Lorontees nehts ofindanduals Guarantees rights of religious denominations or their Protects indhidualstic freedom ofreligion Protects collective treedomof religion | fights under Art. 25 are subject to public order, morality Uke Art 25, the rights under Art. 26 are also subject to and health but not subject fo other provisions relating _publicorder, morality and health but not subject to other tothe Fundamental Rights. provisions relating tothe Fundamental Rights. Ee ere acaba Articles Subject Matter oh Article 29+ A-1 29 (1) Anysection of the citizen residing in any part of india having a distinct language, script or culture ofits own, shal have the right to conserve the same 1s Act29(2} Nocitizen shall be denied admissioninto any educational institution maintained by the State or receiving aid out of State fundson grounds only of religion, race, caste, orlanguage, | + Art 2911) Provision protects the right ofa group. | + sc: 2512) Provision guarantees the right ofa citizen as an individual irrespective of the community to. which he belongs. = At 29 grants protection to both religious minorities as well as linguistic minorities The Constitution of india does not define “minorities” Supreme Court held that: + Rightto conserve the language inciues the right 10 agtatefor the protection ofthe language. = scope of this Art.29 is not necessarily restricted to minorities only, This fs because of the use of the ‘words section of citizens’ inthe Art. 29 that include minorities as wellas majority |An 30 Right of Minorities to E=tbllsh and Administer Educational institutions. Art 30 grants the following rights to minorities (religious or inguistic): |S atminocteshave the ight to extablah and administer educational insttutons ofthe che = Compensation amount fixed by state for compulsory acquisition of any property of a minority educational carton shal nt estrictor abrogate right guaranteed to them -added by 44th amendment act 1978, + ingranting aid, state shall not discriminate against educational institution managed by a minority a protection guaranteed under At.30/s confined only to minorities (religious or lingustc)and doesn’t ‘extend to any section of citizens as under Art.29. + Thengne to establish and administer educational insttuionsis not absolut. Nor does it include the right to ‘be regulatory measures for ensuring educational character and standards andRIGHT TO CONSTITUTIONAL REMEDIES: UES Articles Subject Matter Article 32 | © Art32; Right to constitutional remedies for the enfore citizen, -ement of the fundamental rights of an aggrieved Supreme Court ruled; Art,32 sa basic feature of the Constitution, ‘Therightto get the Fundamental Rights protected isiniself SC has been constituted as thetiefencder and guarantor o + Ambedkar "an article without which this constitution be a nat. It's the very soul ofthe. constjtution and the very heart of it” ‘undamental right, itmakes Fundamental Right real f the Fundamental Rights ofthe citizens. Four provisions in Art 32: Right to move to Supreme Court; Supreme Court have power to issue writ; Parliament can empower any other court to issue directions, dr order and writs of all kind; Right to move the. Supreme Court shall not be suspended except as otherwise provided by the constitution Vielation of a Fundamental Rightsis the sine qua non for the exercise ofthe right conferred by Art.32. Constitution provides that the?resident can suspend the right to r Fundamental Rights during a National Emergency (Art.359). Supreme Court: where relief through High Court is available under Art.226, the aggrieved party should first move the High Court. ‘+ Enforcement of Fundamental Rights: jurisdiction of the SCis: ve any court for the enforcement of >t exclusive tis concurrent with, the jurisdiction of the High Court under Art.226. Art32 cannot be invoked : to determine the constitutionality of an executive order ora legislation unless it L directly infringes any of the Fundamental Rights ROLE OF SUPREME COURT AND HIGH COURTS REGARDING CONSTITUTIONAL REMEDIES| Supreme Court (Article 32) | Article 32: Original jurisdiction, not exclusive | + Party shoulalirst move to High Court | + Only fundamental right can be enforced + Territorial jurisdiction issiser than the high court. + Cannot refuse to exercise its wit jurisdiction, Hence defender and guarantor of fundamental rights of citizens. alphadasS eas @ Supreme Court (Art.32) and High court (Art:226) can {sues Habeas corpus, Mandamus, Prohibition, Certiorari & Quo-warranto ¢ Borrowed from English prerogative writs = fountain of justice. ‘¢ Parliament (under Art.32) can empower any other court toissue these writs. Habeas Corpus Meaning: “to have the body of” i court to the person who has detained © eetrerpersonteprdcethe body ofthelater bere it ‘¢ Bulwark of individual liberty against arbitrary detention; Only against ilegal detention, Indian Polity High Court (Article 226) ‘+ Article 226: Concurrent and original jurisdiction ‘+ Along with fundamental right, legal, constitutional right canbe enforced * Wider writ jurisdiction ‘+ Narrower territorial jurisdiction ‘+ May refuse to exercise its writ jurisdiction ‘¢ Against both private and public ‘¢ Not ised when: Detention i lawful; Proceedings for contempt of court; Detention is by competent court; Detentionis outside the jurisdiction of court Mandamus Meaning: "we command” -Directs activity. Command issued by the courtto public officals asking him to perform his official duties that he has failed or refused to perform ‘+ Against any public body, corporation, inferior court, tribunal or government for the same purpose. Cannot be suid: Against private individual or body; To enforce departmental instruction that does not possess statutory force; When duty istiscretionary; To enforce contractual obligation; Against president or governor; againstChie Justice of High Court acting nuda eapacty. ee a a fs 2. ew ep ea wp ap rR eaeapneanaeritr se ecdaacdsa # a ea, 7 . , . . . . . > . ’ . , . . . . 2 . to forbid * Issuedby higher courtto low : Prohibition 2 Issued only against judicial and quasi-judicial authorities oN Administrative Authorities; Legislative bodies; Private individuals and bodies. of Art 16: | * AM%35 lays down that the power to make laws, to give effect to certain specified fundamental rights, shall, | sment and not in the state legislatures Ensures there's uniformity throughout inca with regard tothe nature of those fundamental rights and punishment. Parliament shall have (and legislature of a state shall not have) power to make laws with respect to: Prescribing residence as a condition for certain employments or appointments ~ Art. 32: Empowering courts other than SC and HC to issue directions, orders and writs. ~ Art. 33: Restricting or abrogating the application of FR to members of armed forces, police forces, etc ~ Art. 34: Indemnifying any government servant or any other person for any act done in martial law. Parliament shall have (and legislature of a state shall not have) powers to make laws for prescribing Punishment for those acts that are declared to be offences under the FR. These include the following. Act. 17: Untouchability Art. 23: Traffic in human beings and forced labour some of those matters may fall Art. 35 extends the competence of the Parliament to make a law on the matters specified above althoug! data Le Lui esses a Martial Law * Itaffects only Fundamental Rights. ‘+ Itsuspends the government and ordinary law courts. imposed to restore the breakdown of law and order due to any reason, * Its imposed in some specific area of the country * thas no specific provision in the Constitution. itis implicit. Sala hea) ‘© Art.31A: Saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Art. 14 and Art.19. ‘¢ Art.31B: saves the acts and regulations included in the Ninth Schedule (added by first amendment in 1951) from being challenged and invalidated on the ground of contravention of any of the fundamental rights. + SCin LR. Coelho case (2007): there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. Judicial review is “basic feature’ of the constitution, Such laws placed after April 24, 1973 (date of Kesavananda Bharati judgement), are open to challenge in court if they violated fundamentals rights, @ Art.31C: No law that seeks to implement the socialistic PSP specified in Art. 39{b) or (c) shall be void on the Indian Polity National Emergency (Art.352) 'taffects not only Fundamental Rights but also Centre- state relations, distribution of revenues and legislative powers between centre and states and may extend the tenure ofthe Parliament ‘continues the government and ordinary law courts. Itean be imposed only on three grounds-war, external ‘aggression or armed rebellion, Itis imposed either in whole country or in any part of it. ‘+ Ithas specific and detailed provision in the Constitution, itis explicit {ground of contravention of the FR conferred by Art 140r Art19, RIGHT TO VOTE (CONSTITUTIONAL RIGHT) ‘¢ While framing the indian Constitution the framers and ‘makers of our Constitution took the decision to guarantee ‘every adult indian citizen to franchise their vote ie. the right to vote, {Inindia, the right to vote is provided both by the indian Constitution and the Representation of People’s Act, 1951, ‘Article 326; Part XV: guarantees the right to vote to every citizen above the age of 18, Section 62 of the Representation of Peoples Act (RoPA), ‘1951; states that every person who sin the electoral roll of that constituency will be entitled to vote. ‘¢ 62 Constitutional Amendment 1989: lowered the voting € of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 to 18 years.UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) ‘* General Assembly of the United Nations, on 10 December 1948, announced the that belong to everyone, under the : n @ Itpromises toall the: that underpin a life free from want and fear. ¢ Thestructure of theUUDHit wasinfluenced by set of laws formulated by’ centuries before, collectively known as theCode Iv ‘@ The second draft was prepared by who worked on the initial draft prepared by Canadian legal scholariot n Articles under Universal Declaration of Human Rights Reaffirms human dignity, equality and brotherhood. Rights of the individual: the right to life, outlawing of slavery or torture, equality before the law, the right to a fair trial etc Art.12-17 Includes: freedom of movement, the right toa nationality, the right to marry and start a family, as well as the right to own property. ‘Art.18-21 The spiritual and religious rights of individuals, such as freedom of thought and conscience (religion), the right to your own opinion, the right to peaceful assembly and association, and the right to vote and take part ingovernment, ‘Art. 22-27 Sanctions an individual's economic, social and cultural rights including healthcare. Upholds the right to work, the right to rest and leisure, the right to a decent standard of living, and the right to education. ‘Art. 28-30 __ It establishes the general means of exercising these rights, the areas in which the rights of the individual cannot be applied. CRITICISM AND SIGNIFICANCE OF FUNDAMENTAL RIGHTS Criticism of Excessive limitations; No social and economic rights; No clarity; No permanency; Suspension Fundamental Rights during emergency; Expensive remedy; Preventive detention; No consistent philosophy. Significance of Bedrock of democratic system in the country; Formidable bulwark of individual liberty; Ensure Fundamental Rights ignity and respect of individual; Strengthen secular fabric of Indian state; Protect the interest of minority. Berke Users Descri Article/Part iption "nt.265;PartXil—-—_-Notaxshall be levied or collected except by authority of law “Art300-A;Partxil | No person shall be deprived of his property save by authority of law “art301; art xill ‘Trade, commerce and intercourse throughout the territory of india shallbe free Part xv ‘Adult Suffrage (Right to Vote) Art.326; | TTS Du ease eda eau aen eLLe) Fundamental Rights =e ‘PSP Fundamental Duties a uate |» Non-justiciable | Non-justiciable + Polkical justice «/Ezonamicandsocljnice | + Meredutes Steel sancti | ‘+ Nolegal sanction ‘+ No force of sanction as such need | | ‘Automatically enforced ‘+ Not Automatically enforced + Not Automatically enforced, + Courts can declare alaw as unconstitutional ifitviolates fundamental rights 36 * Courts cannot declare | | ro Paria Abid ihhaduabst’ '* Societarian and socialistic speciallawstoenforce sanction ‘unconstitutional | Tadian Polity