P3/12-35 Fundamental Rights In Short

Question 1

Article 12

Answer 1

Defines “state” for the purposes of Part 3 of the constitution, related to the Fundamental Rights:
• Union govt: Government (executive) and Parliament (legislative) of India
• State govt: Government (executive) and Parliament (legislative) of States
• Local authorities: municipalities, Panchayats, district boards etc
• Other statutory and non statutory authorities: LIC, ONGC, SAIL etc

Actions of all above bodies can be challenged in the courts as violating of the fundamental rights.

According to SC, even the private bodies/agencies working as an instrument of the state, falls within the definition of state as per Art 12.

Question 2

Article 13

Answer 2

Declares all laws INCONSISTENT with or in DEROGATION of fundamental rights shall be VOID.
• Provides doctrine of JUDICIAL REVIEW.
• Wide interpretation of the term LAW, includes:
- Permanent laws: enacted by Parliament or state legislatures
- Temporary laws: ordinances
- Statutory instruments: order, bye-law, rule, regulation, notification
- Non legislative sources of law: customs or usage having the force of law
• Declares CONSTITUTIONAL AMENDMENT is NOT a LAW hence CANNOT BE CHALLENGED; but in Kesavananda Bharati Case 1973, SC held that constitutional amendment can be challenged on the ground that it violates the FR that forms a part of the BASIC STRUCTURE of the constitution, and hence can be declared as void.

Question 4

Article 15

Answer 4

Prohibition of discrimination on the basis of:
Religion 
Race
Cast
Sex
Place of birth

Question 5

Article 16

Answer 5

Equality of opportunity in matters of public employment

Question 6

Which articles talks about Right to equality?

Answer 6

14 to 18

Question 7

Which articles talks about Right to freedom?

Answer 7

19 to 22

Question 8

Which articles talks about Right against exploitation?

Answer 8

23-24

Question 9

Which articles talks about Right to freedom of religion?

Answer 9

25 to 28

Question 10

Which articles talks about cultural and educational rights?

Answer 10

29-30

Question 11

Which article talks about Rights to constitutional remedies?

Answer 11

32

Question 12

Article 17

Answer 12

Abolition of untouchability and prohibition of its practice

Question 13

Article 18

Answer 13

Abolition of titles except academic and national awards

Question 14

Article 19

Answer 14

Protection of 6 rights regarding freedom of:
Speech and expression 
Assembly 
Association 
Movement 
Residence
Profession

Question 15

Article 20

Answer 15

Grants protection against arbitrary and excessive punishment to an accused person (citizen or foreigner or legal person). Contains three provisions:

1. No ex-post-facto law (epfl is an law that imposes penalties retrospectively/retroactively): person shall be prosecuted and punished on by law in existence at that point of time. Only in matters of criminal laws.
2. No double jeopardy: no person accused for any offence shall be prosecuted and punished for the same offence twice
3. No self-incrimination: no person accused of any offence shall be compelled to be a witness against himself

Question 16

Article 21

Answer 16

Protection of life and personal liberty.
No person (citizens or non-citizen) shall be deprived of his life or personal liberty EXCEPT according to procedure established by law.

Question 17

Article 21A

Answer 17

Right to elementary education only. Declares that State shall provide FREE and COMPULSORY EDUCATION to ALL CHILDREN till 6 yrs of age.

Added by 86th CAA 2002. Considered as a milestone. Govt. described it as “dawn of the 2nd revolution in the chapter of citizens’ rights’.

It changed the subject matter of Art 45 in DPSP.

Added fundamental duty under Art 51A.

Subject to economic capacity of the state.

Question 18

Article 22

Answer 18

Protection against arrest and detention in certain cases.

Two parts, first part deals with cases of ORDINARY LAW and second part deals with the cases of PREVENTIVE DETENTION LAW.

Part 1: rights of a person arrested or detained under ORDINARY LAW:
• to be informed of the grounds of arrest
• consult and be defended by a legal practitioner
• to be produced before a magistrate within 24 hrs
• to be released after 24 hrs, unless magistrate authorises further detention

These safeguards are NOT available to an ALIEN or person arrested or detained under a preventive law.

Apply ONLY to an act of a criminal or quasi-criminal nature or some activity prejudicial to public interest.

Part 2: protection to person/s arrested or detained under a preventive detention law. Available to both citizens and aliens. Includes:

• detention CANNOT exceed 3 months unless advisory boards (judges of HC) authorisation.
• grounds of detention (if not against public interest) to be communicated to detenu.
• detenu should be afforded an opportunity to make a representation against the detention order.

NO DEMOCRATIC COUNTRY IN THE WORLD HAS MADE PREVENTIVE DETENTION AS AN INTEGRAL PART OF THE CONSTITUTION AS HAS BEEN DONE IN INDIA. It existed even during the British rule.

Question 19

Article 23

Answer 19

Protection from human trafficking and forced labour

Question 20

Article 24

Answer 20

Prohibition of employment of children (<14) in factory, mine, or other HAZARDOUS activities. In 2006, govt banned employment of children as domestic servants, in hotels, shops etc.

• Important Act: Child Labour (prohibition and regulation) Act, 1986
• In 1996, SC directed establishment of Child Labour Rehabilitation Welfare Fund. Offender fined ₹20,000 for each child such employed, also issued directions for the improvement of education, health and nutrition of children.
• Commissions for Protection of Child Rights Act, 2005, provided for estb of National and State Commissions for Protection of Child Rights and Children’s Courts.

Question 21

Article 25

Answer 21

Freedom of conscience and free profession, practice, and propagation of religion.

Question 22

Article 26

Answer 22

Freedom to manage religious affairs

Question 23

Article 27

Answer 23

Freedom from payment of taxes for promotion of any religion

Question 24

Article 28

Answer 24

Freedom from attending religious instructions or worship in certain (fully state funded) educational institutions.

Question 25

Article 29

Answer 25

Protection of language, script, and culture of minorities

Question 26

Article 30

Answer 26

Right of minorities to establish and administer educational institutions.

Question 27

Article 31

Answer 27

*REPEALED* compulsory acquisition of property

Question 28

Article 31A

Answer 28

Saves 5 categories of laws from being challenged and invalidated on the grounds of contravention of FRs conferred by Art 14 (equality before law and equal protection of laws) and Art 19 (6 rights of freedom) 1. ACQUISITION of ESTATES and related rights BY STATES. 2. TAKING OVER of MANAGEMENT of PROPERTIES BY STATES. 3. AMALGAMATION of CORPORATIONS. 4. Extinguishment/modification of rights of directors/shareholders/corporations etc. 5. Extinguishment/modification of MINING LEASES. DOES NOT IMMUNISE STATE LAW FROM JUDICIAL REVIEW unless reserved for Presidents consent or received his assent. Also provides for compensation at market value if state acquires land under cultivation (within statutory ceiling limit)

Question 29

Scope of operation of fundamental rights is limited by which articles in the constitution?

Answer 29

31A-B-C, these articles basically gives almost absolute power and immunity to govt. to enact any law related to: 31A: Acquisition of estates 31B: Validation of certain acts and regulations included in 9th schedule 31C: DPSP That might be in conflict of certain fundamental rights. I.e. Nobody can challenge laws related to above subjects on the grounds of inconsistency or abrogation of fundamental rights, given they're enacted through proper constitutional process.

Question 30

Article 31B

Answer 30

Saves Acts and regulations included in 9th schedule from being challenged or invalidated on the grounds of contravention of any of the FRs. NO IMMUNITY FROM JUDICIAL REVIEW. Laws placed under 9th schedule after 1973 are OPEN to challenge in court if they violated FRs guaranteed under Art 14,15,19, and 21 or the BASIC STRUCTURE of the constitution.

Question 31

Article 31C

Answer 31

Saves laws giving effect to certain directive principles from Art 14 and 19. Open to judicial review.

Question 32

Article 32

Answer 32

Right to constitutional remedies. BASIC FEATURE OF CONSTITUTION. i.e. CANNOT be abridged or taken away even by way of an constitutional amendment. Provisions: 1. Right to move SC for enforcement of FRs 2. SC shall have power to issue directions/orders/writs to enforce FRs 3. Parliament can empower ANY other court for above powers (except HC, as Art 226 already conferred these powers on HC) 4. President CAN SUSPEND above rights during NATIONAL EMERGENCY (Art 359) SC is the defender and guarantor of FRs. Has ORIGINAL and WIDE power in the matter. Original, because aggrieved citizen can DIRECTLY go to SC. But the jurisdiction of SC in enforcing FRs is NOT EXCLUSIVE. It's concurrent with the jurisdiction of HC (Art 226). SC has ruled that if the relief is available under Art 226, aggrieved party should first move to HC. ``` Rights to move the Supreme Court for the enforcement of fundamental rights including the writs of: Habeas Corpus Mandamus Prohibition Certiorari Quo warrento ```

Question 34

Article 14

Answer 34

Equality before law and equal protection of laws

Question 35

Article 33

Answer 35

It limits (i.e. Parliament can restrict or abrogate) application of fundamental rights (as it's applied to other citizens) to the members of: Armed forces Paramilitary forces Police forces Intelligence agencies and analogous services

Question 36

Article 34

Answer 36

Application of FRs can be restricted while Martial/Military law in force in any area. It's different from the imposition of National Emergency.

Question 37

Article 35

Answer 37

Talks about direct enforceability (self-executory) nature of most of the fundamental rights; while few of them can be enforced on the basis of a law enacted to that effect by the Parliament only.