Karan sir polity

➢Persons can take title like Bharat Ratna and Padma. Bhushan because they represent the appreciation of merit. ❏ ​right to freedom - article 19 to 22. ○ Article ...
173KB Sizes 0 Downloads 32 Views
Fundamental rights ● Part 3 article 12 to 35 contain the provision relating to the fundamental rights ● the concept has been borrowed from the constitution of USA i.e. bill of rights ● basic civil and political rights of a person are called fundamental rights ● fundamental rights are also known as Magna Carta of India ● in 1215 AD King John( Britain) issued the charter of rights known as Magna Carta ● fundamental rights promote ideal of political democracy ● types of fundamental rights 1. Right to Equality - Article 14 to 18 2. right to freedom - article 19 to 22 3. right against exploitation - article 23 and 24 4. right to religion - article 25 to 28 5. cultural and educational rights - article 29 and 30 6. right to property- article 31 - repealed 7. right to constitutional remedies - article 32

❏Right to Equality ( Article 14 to 18) ● Article 14 - equality before law

Karan sir polity

➢ all the person are equal in the eyes of law from Peon to prime minister ➢But some concession were given two members of parliament MP and MLA’s example if they are arrested before 10 days of start of Parliament schedule or after 10 days of close of Parliament schedule the permission was taken from speaker of Lok Sabha ➢ ambassadors of other countries are also given special status ➢There are two concepts of equality that is equality before law and equal protection of law ➢ rule of law is a concept which originated in Britain and popularised by Lord dicey it means law is supreme and all are equal before law. ● Article 15 - prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth ● Article 16 - equality of opportunity in the matters of public employment ➢State shall not discriminate on the basis of caste, religion, race, caste, sex, decent, place of birth, residence or any of them in case of employment ➢ reservation policy of India is given under article 16

Karan sir polity

● Article 17 - abolition of untouchability. it is a crime against God and mankind. in case of violation fine of rupees 2000 and six month imprisonment or both. ➢Abolition of untouchability act 1955 ➢ civil right protection act 1976 ● Article 18 - abolition of titles - no title should be given which create a distinction between men and men example Rai Bahadur, Lord, sir, Raja etc. ➢Persons can take title like Bharat Ratna and Padma Bhushan because they represent the appreciation of merit

❏ ​right to freedom - article 19 to 22 ● Article 19 - of Indian constitution has provided 6 freedoms for Indian citizens, all citizens have right to: 1. Freedom of speech and expression 2. assemble peacefully without arms 3. form associations or unions 4. move freely throughout the territory of India 5. reside and settle anywhere within India 6. practice any profession ➢Article 19 only given to Indian citizens ➢ freedom of press is unemployed power under freedom of speech and expression ● Article 20 protection in respect of conviction for offences

Karan sir polity

➢Article 20a no one should be given punishment more than once for a crime ➢ article 20b no one should be forced to give evidence against himself ➢ article 20c no one should be given punishment more than the law prevailing at the time of crime ● Article 21 protection of life and personal liberty ➢No one should be deprived of his life other than the process established by law ➢ article 20 and 21 are not suspended during emergency ➢Right to privacy is a part of right to life under article 21 ● Article 21b Added through 86th amendment act 2002 according to this children Between 6 to 14 years of age should be given free and compulsory education ➢Right to education is a fundamental right ● Article 22 Protection against arrest and detention in certain cases ➢Detention is of two types Punitive detention and preventive detention ➢Preventive detention means detention of a person without trial and conviction by a court ➢ the purpose of preventive detention is not to punish a person for a past offence but to prevent him from committing of an offence in the near future

Karan sir polity

➢ Punitive detention is 2 punisher person for an offence committed by him after trial and conviction in a court. ➢ the preventive detention act curtailed right to freedom ➢TADA - Terrorist and disruptive activity act ➢POTA - prevention of terrorist act ➢NSA - national security act ➢COFEEPOSA - conservation of foreign exchange and prevention of smuggling activities ❏ ​right against exploitation - article 23 and 24 ● Article 23 - Prohibition of traffic in human being and forced labour ● Article 24 - prohibition of employment of children in factories etc. -No child below the age of 14 years shall be employed to work in any factory or Mine or engaged in any other hazardous employment. ❏right to religion - article 25 to 28 ● Article 25 - freedom of conscience and free profession, practice and propagation of religion ● Article 26 - freedom to manage religious affairs ➢Every religious institution have right to collect funds search funds are not subjected to income tax and these contribution cannot be forcefully collected.

Karan sir polity

● Article 27- Freedom as to payment of taxes for promotion of any particular religion ● article 28 - Freedom as to attendance at religious instructions or religious worship in certain educational institutions

❏cultural and educational rights - article 29 and 30 ● Article 29 protection of interest of minorities ● article 30 right of minorities to establish and administer educational institutions ➢Minority term nowhere defined in constitution ❏ right to property- article 31 - repealed 44th Constitutional Amendment Act by Janata government

❏right to constitutional remedies - article 32 ➢Constitution is meaning less, useless and worthless without providing and effective machinery for its enforcement ➢ article 32 confirm right to remedies for the enforcement of fundamental rights of an aggrieved citizen ➢ Dr BR Ambedkar called it as “ heart and soul of the constitution” ➢ according to Supreme Court it is a basic structure of the constitution

Karan sir polity

❏writs ● Supreme Court and high court under article 32 and 226 respectively can issue a writ however Parliament under article 32 can empower any other quote to issue these writs ● Kinds of writs-: ● 5 kinds of writs can be issued 1. Habeas corpus - “ to have the body of”, Order issued by Court to a person to produce the body of later before Court,Then it examines the cause and legality of the detention, it set free if detention is illegal. this is known as bulk ward of individual Liberty 2. Mandamus - “ we command”, is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. it can be issued against any public body, a corporation, and inferior Court, a Tribunal, government 3. Prohibition - “to forbid” , Issued by a Higher Court to a Lower court or Tribunal to preventing the letter from exceeding its jurisdiction or exceeding a jurisdiction that it does not possess. 4. certiorari - “To be certified or to be informed”, issued by Higher Court to Lower court or Tribunal either to

Karan sir polity

transfer a case pending with the letter to itself or to squash the order of the later in a case 5. quo warranto - “ by what authority or warranty”, issued by Court to enquire into a legally of claim of a person to a public office.It cannot be issued for ministerial office or private office ● article 33 of the Indian Constitution deals with fundamental rights of armed forces. it restricts 13 fundamental rights for armed forces personnel by providing power to Parliament to modify these rights ● the nature of fundamental rights is negative ● they are judicialiable ● fundamental rights away Legal importance ● they can be suspended during emergency ● Right to Information is a fundamental right under article 21 ● Custodian of fundamental rights is Supreme Court and high court

Karan sir polity