Fundamental Rights Flashcards
(95 cards)
1
Q
Name the Classification of Fundamental Rights? How man classifications are there?
A
2
Q
What is Article-14?
A
Rule
Equality before law
Equal Protection of law
3
Q
What is Intelligible differentia?
A
classification made by law or policy is based on a rational and logical basis
4
Q
What is the doctrine of rule of law?
A
There are 3 principles
5
Q
What are the exceptions to article 14? Explain them
A
Article-361
Diplomatic Immunity
6
Q
What is Article-15? how many clauses are there?
A
Rule
7
Q
what is the name of the case in which SC dealt with clash between part-3 and part-4?
A
Champakan Dorairajan vs Union if India
8
Q
Explain what the above mentioned case was about?
A
A-15
A-46
SC decision
what happend afterwards?
9
Q
is A-15(4) an exception to A-15 itself? if not why?
A
Equality
10
Q
In which case did the SC rule that Equality was part of BSD?
A
indra sawhney vs union of india
11
Q
when was 15(5) added?
A
2005, 93rd CA Act
12
Q
which article is an example of positive or protective discrimination?
A
A-15(3)
13
Q
what were the changes made in 1st constitutional amendment?
A
14
Q
What is A-16?
A
Rule
15
Q
when was A-16(4) / A-16 4A added? explain what it is?
A
7th CA 1956 and 77th CA 1995
16
Q
what are the grounds on which there shall be no discrimination in A-16?
A
Race/ religion/ caste/ sex/ descent /residence /pace of birth
17
Q
What is Article-17?
A
Rule
explain the rule
18
Q
What were the parliamentary laws that were passed in regards to article 17?
A
19
Q
What is Article-18?
A
Rule 18(1)
18(2)
Example : National Awards
20
Q
What was the Balaji Raghavan case about?
A
Purpose of national award - recognizing merit
no prefix or suffix
in spirit of 51-A
21
Q
What is Article - 19? How many clauses exist in in this article? Give Examples?
A
Rule
explain what “any other means” mean?
Shreya shinghal vs union of india
Bennet coleman vs uoi
22
Q
What are the reasonable grounds of restrictions for 19(a)?
A
23
Q
What is doctrine of severability?
A
EKTA
EKTAA
24
Q
what is doctrine of colorable legislation?
A
not allowed to indirectly what you are not allowed to do directly
25
what is the status of sedition? and what is it? what IPC?
-sedition is different dissent
26
what is A-19(b)? examples? what are the reasonable grounds of restriction?
Rule - Assembly
status of kripans
sec-144
(1) sovereignty
(2) integrity
(3) public order and public peace
27
what is 19(1)(c)? Gounds of restriction?
Rule-Freedom of Association
-sovereignty
-integrity
-public order/public public peace
-morality
28
what is not allowed according to 19(c)? name a law that prevents it?
unlawful activities prevention Act 1967
29
what is Article-19(1)(d) and Article-19(1)(e)?
Freedom of movement and freedom of residence
30
What are the grounds of restriction for both?
(1) Interest of general public
(2) interest of schedule tribe (Adivasis - to preserve their culture maintain cultural integrity)
31
examples for 19(1)(d)
1) curfew - executive order restricting movement -interest of general public
2)Public notifications - High alerts flood
32
what are the other restrictions in 19(d) and 19(e)?
1) military areas
2)diplomatic areas
3)SC areas
4)classified secret areas
5) protected areas such as biosphere reserves, national park
33
what is the status of Article 35(A)
only people of JK have the right to reside, settle by buying land or property
34
what is doctrine of harmonious construction?
Balanced
eg: Toll road
35
examples for 371(A)
himachal pradesh, naga land
36
Article-19(f)? when was it repealed?
Acquire, hold or dispose off, 44th CA 1978
37
what is Article-19(g)?
what are the grounds of restriction?
Rule - Freedom of profession
-illegal and immoral occupation
38
Eg for article-19(g)? Explain
CP& berar Motor Vehicle Amendment act
-Monopolize this occupation
39
what is Doctrine of Ecplise? give example of a case
- operation of pre constitutional law is stopped as it goes against FR, not struck down as null and void
- it will operate when FR is changed or exception is introduced
- Bhikaji vs state of UP 1955
40
what would happen if post constitutional law violated FR?
struck down as null and void.
41
The rules in A-20 are meant to prevent what?
Arbitrary Conviction
42
What are the principles of A-20?
1) No ex-post Facto law
2) Right to have a lawyer
3) protection from self incrimination
4) No double jeopardy
43
A)
- No retrospective application of criminal law
eg: Murder in 1980
Terrorism in 1990
44
B)
- Audi alteram principle
- situation 1) when person cannot afford a lawyer or availability of lawyer
Section 301 to 304
- option of appearing without lawyer
45
C)
right to protect from being incriminated by law
eg: forced confession
- Miranda warning
- A-20(3) - no person shall be compelled to be a witness against himself
46
what other evidence can be used to incriminate a person?
finger prints, NARCO analysis, blood samples, lie detector
47
D)
- nemo debet bis vexari
two concept
Autrefois convict
Autrefois Acquit
48
The rules in Article - 22 are meant to prevent what?
Arbitrary Arrest
49
What is A-22?
-provides protection against arrest
-inform grounds of arrest
-magistrate within 24hrs
50
what should police inform the accused of?
lawyer
silent
bail
51
what is punitive detention?
arrest after crime
52
what is preventive detention? eg?
before crime
Preventive detention Act
53
Examples of preventive detention laws?
Preventive detention Act 1950- repealed in 31 dec 1969
MISA 1971
COFEPOSA
NSA
TADA
POTA
54
why is Preventive Detention under controversy?
misuse by state
-no liberty of an individual above the interest of state?
55
What safeguards are given in preventive detention?
PD not beyond 3 months
unless panel by HC is satisfied of this extension for a sufficient cause
56
What is the procedure established by law?
57
Which article is the bedrock of india's constitution?
Article-21
58
What is the basic idea of Article-21?
- It gives the people the right to lead a meaningful, complete and dignified life.
- No person shall be deprived of life and liberty except by procedure established by law.
59
The 44th CA act made which rights as inalienable rights? what does inalienable rights mean?
A-20 & A-21
- no suspension under any circumstances
60
what does the life mean in Article-21? give the name of the cases in which the interpretation of life was given?
- its not merely breathing
choice and dignity
1) Maneka Gandhi v/s U.O.I
2) Francis corallie Mullin vs UT of Delhi.
61
give examples of number of rights which have broadened the cope of A-21?
- right to elementary education
-right to livlihood
-right to life with dignity
-right to water
-right to speedy justice
-right to privacy
right to health
-right to free legal aid
-right against bonded labor
62
Examples for Article 21
1) Shafin jahan v Ashokan KM (love jihad)
2) vishaka v state of rajasthan
3)husianara khatoon v state of bihar 1978
4) Justice KS puttaswamy v uoi
5) Aruna shaun bagh case
63
Right to faith
problem
HC decision
SC decision
64
vishaka guidelines
-problem - socioeconomic boycott
POSH Act
65
Speedy trail
-kapila hindurani's efforts
66
Right to privacy
- SC decision - Privacy is a fundamental right
- Reversed MP sharma and kdhrak singh case
- Navtej singh johar case overrule Suresh kumar kaushal v Naz foundation
- SC decriminalization of sec377
67
What is euthanasia? What are the 2 types of euthanasia
-Euthanasia is the practice of intentionally ending a person's life to relieve suffering, typically in cases of severe and incurable illness.
-Active euthanasia - Active euthanasia involves deliberately taking specific steps to cause a patient's death. This usually includes administering a lethal dose of medication.
-passive euthanasia - withholding or withdrawing treatment necessary to maintain life
68
Aruna shaun bag case
- Allowed passive euthanasia
subject to safeguards and fair procedure requiring approval of HC bech in every case based on consultation with the panel
69
Right to die
1) Aruna shaun bagh case
2) P rathnam case, struck down sec309 ipc, right to die
3) Gian kaur case, Sc reversed
-SC recognises right to living will in condition of PVC as part of A-21
70
what is due process of law?
71
history behind Due process of law
AK GOPALAN v UOI
- declined to accept due process of law
MANEKA GANDHI v UOI
-reversed the decision
-ensure true spirit of A-21
72
why did the courts felt that it can only enquire into procedure established by law?
73
What is Article-23?
Rule - trafficking of human beings and forced labor
-slavery
- Immoral trafficking Act 1956
- ABOLISHES
Devadasi system
Begar system ( bonded labor) - MINIMUM WAGES ACT
- Conscription - compulsary drafting of armed forces
- Rigorous imprisonment
74
what is article-24?
Rule
74
small history of laws with regards to employment of children
-Factories act 1881
-employment of children act 1938
-CLPR act 1986
75
Article 24 must read along with which article?
Article-39(f)
76
Give examples of judicial steps that have been taken to protect children
- MC mehta v state of tamil nadu 1996
- Gaurav Jain v UOI 1992
CDC's reform homes etc
POCSO Act
The protection of Child rights act 2005
77
POCSO act
-ministry of women & child
Protects child victims from sexual exploitation
78
India's brand of secularism
- Watchful Ambivalence
1) No state religion
2)not anti religion
3)actions that causes enmity will not be tolerated
79
when was the word secular added in the constitution?
42th CA 1976
80
Article -25
Rule - freedom of conscience
2) state to declare any hindu place of worship as public place
dealt under A-15
81
What are the GOR??
1)Public order
2) morality
3) health
4) Any other article in part-3 of the constitution.
82
Article 26
Freedom to manage religious affair to a religious denomination.
83
what is the definition of religious denomination?
group of individual following a particular religion with unique name and unique set of essential religious practice which they feel is mandatory for spiritual growth.
84
What are the GOR for A-26
-Public order
-Morality
-health
85
example of A-26
Indian young lawyers v state of kerala
86
explain the above case
Problem- women of menstruating age not allowed
why? - lord ayyapa is eternal celibate, essential religious practice
-claim they are religious denomination
87
Give the starting line when Reporting on the SC judgement
The SC, in 5 Judge bench decision decided ....
88
what articles does the above case violate?
A-14, A-15, A-25
89
Article-27 and its examples
Rule
EXAMPLE
Jizya
fee is not violative
Haj subsidy has been advised to be reduced
90
What is Article-28?
Rule
Freedom of attendance from religious instruction in certain educational institution
91
What are the cases in which attendance is mandatory and not mandatory?
1) funded by the state - no religious instruction can be given
2) If funded by religious group or endowment. (Mandatory)
3) Established by religious endowment but receiving aid from the state or recognized by the state.
92
what is the basic idea behind article-28
To prevent the state from giving religious instruction. This allows the communities to safeguard their core values.
93
example of article-28
National yoga day celebration, surya namaskar
94
