Notes on Fundamental Rights

Fundamental Rights
Part III of the Indian Constitution( A 12-35) deals with the FR granted to individuals.
Originally seven groups of rights. But now 44th Amendment ‘Right to property’ deleted.
1) Right to equality and liberty : Art (14-18)
14: Equality before law
15: Prohibition of discrimination
16: Equality of opportunity
17: Abolishes practices of untouchability
18: Prohibits state from confirming any title

2) Right to Freedom. (19-22)
-Freedom of speech and expression
-Freedom of Assembly
-Freedom to form associations
-Freedom to move freely throughout India
-Freedom to reside and settle in any part of the country
-Freedom to practice any profession

3) Right against Exploitation (23-24)
Art 23: Prohibits traffic against human beings and beggar
Art 24: Prohibits employment of children below 14 years of age in factories mines etc.

4) Right of Freedom of Religion (25-28)

5) Right for Culture and Education (Article 29-30)

6) Right to Constitutional Remedies(Article 32)

• Dr Ambedkar call article 32 as “the very soul of the constitution and the very heart of it”.

• In Golaknath case in 1967, the SC ruled that parliament has no power to amend any of the provisions of part III so as to take away or abridge fundamental rights as guaranteed by the constitution.

• In Keshawnand Bharti case, the SC ruled that parliament has power to amend, but it can not destroy the basic structure of the constitution.

• In T.K,Rangarajan Vs Govt of TN and others, SC observed that govt employees including doctors working in state run hospitals and dispensaries have no “fundamental, legal, moral or equitable right to go on strike even for a just cause".

Distinction between Fundamental Rights and Directive Principles

*Fundamental Rights are justifiable while Directive Principles are not.

* Fundamental Rights are negative and Directive Principles are positive.

* Fundamental Rights responsible for political democracy while Directive Principles are for establishment of economical and welfare state.

* If there is discrepancy between Fundamental Rights and Directive Principles then Fundamental Rights will prevail.

The Writs:
Habeas Corpus: “To have a body”- An order calling a person who has detained another to produce the letter before the court to let it know, on what ground he has been confirmed.

Prohibition : It is issued by SC or HC to a inferior court forbidding jurisdiction or to usurp a jurisdiction with which it is not legally vested.

Mandamus: ”We command” : Commands the person to whom it is addressed to perform some public or quasilegal duty which he has refused to perform.

Certiorary: It is issued to a lower court after a case has been decided by it, quashing the decision or order.
Qua-Wananto: It is a proceeding by which the court enquires into the legality of the claim which a party asserts to a public office.

Fundamental Rights, Fundamental Duties, Directive Principles of State Policy

Constitutional Rights for Indian Citizens

- Fundamental rights under articles 15, 16, 19
- Some important posts reserved
- right to vote

The Parliament has passed a bill on dual citizenship for persons of Indian Origin ( PIO) living abroad.

Fundamental Duties

--> By 42nd Amendment, part IV A, Aticle 51 A
--> There are 10 fundamental duties.
--> Justice Verma Committee had recommended for enforcement of Fundamental duties by the citizens.

Directive Principles of State Policy (DPSP)

-> From Article 37- Article 51
-> Part IV of the Constitution

DPSP as mentioned in other parts of the constitution:

-> Article 350: Providing primary education in mother tongue for people of minority class
-> Article 351: Duty to spread Hindi Language amongst people of India
-> Article 335: To appoint SC, ST in state and union services

DPSP are  Affected by Western Liberalism

Some Important DPSPs

Article 44: Uniform Civil Code
Article 45: Free and Compulsory Education for Children
Article 50: Separation of Judiciary from Public Services
Article 51: Development of International peace and Security
Article 49: Protection of National and Historical Monuments

Tags: General+Studies, General+Knowledge, GK, Business+GK, Current+Affairs, GA, General+Awareness

Indian Polity 5

• At the time of independence, there were 9 British provinces and 542 princly states
• V.B. Patel is known as "Bismark of India" because of the integration of princly states.
• On the linguistic basis, AP was the first state independent India.
• Acquisition of Citizenship:

a. by birth: Those born in Indian on or after Jan 26 1950 before June 30 1987. After July 1, 1987, if either of the parents were citizens of India at the time of birth. ( to control refugees coming from Bangladesh etc.)

b. by descent: Person born outside India on or after Jan 26, 1950 shall be a citizen of Indian if his father is a citizen of India at the time of person's birth. ( the above two categories are natural citizens)

c. By registration: 1. If he is of Indian origin and has been resident in India for five years.

d. By Naturalisation: A foreigner: By taking an oath of Allegiance to the constitution of India.

e. By incorporation of territory.

Termination

1. Renunciation: If he voluntary renounces

2. Termination: If he acquires citizenship of other country.

3. Deprivation: By an act of Government of India

Indian Polity-4

Sources of Indian Constitution:
Fundamental rights : USA
Supreme Court: USA
Vice President: USA
Parliamentary System: UK
Federal System: Canada
Emergency: Germany and Government of Indian Act 1935
Directive Principles of State Policy: Irish Constitution
Fundamental Duties: Soviet Union
Republic: France
Concurrent List: Australia
Amendment Process: South Africa
Due process of law under article 21: Japan

Different Committees of the constitution:

1. Union power committee: JL Nehru
2. Union Constitution Committee: JL Nehru
3. Fundamenatal rights and Minority Committee: VJ Patel
4. Provincial Constitution Committee: VJ Patel
5. Drafting Committee: BR Ambedkar
6. Flag Committee: JB Kriplani

Territory of the union (part-1)
- Article 1 says that, India, that is Bharat, shall be a union of states.

Indian Polity-3

• The words "socialist", "secular" and "integrity" were introduced in the 42nd Amendment act.
• In Beruberi's Case SC held that preamle is not a part of the constitution
• But in Kesavananda Bharti V. State of Kerala Case, the SC rejected the above view and held that preamble is a part of the constitution
• In Excel Wear V. Union of India, the SC held that "socialist" word in preamble is to provide a decent standard of life to the working people and especially provide security from cradle to grave.
• In Minerva Mills Case, the importance of premble is realised. Chief Justice observed: " the edifice of our constitution falls upon the concepts crystallised in the preamble".
• Members of the drafting Committee: Dr. B. R. Ambedakar (Chairman), Alladi Krishna Swami Ayyar, K.M. Munshi, N. G. S. Ayangar, Md. Sadullah, N. Madhav Rao ( in place of B. L. Mitra), DP Khetan ( T. Krishnamachari after Khetan Death)

A very good site about india and facts

http://www.nationmaster.com/country/in-india

Indian Polity-2

- Indian constitution establishes a parliamentary form of government of India
- The Indian constitution is structured on Government of India Act 1935
- The Fundamental rights embodied are based on Bill of Rights of the US constitution.
- The Directive Principles of State Policy in Part IV of the constitution are derived from the constitution of Ireland
- Parliamentary form of Government is modeled on the constitution of Great Britain.
- The Preamble is the preface to the constitution
- The preamble says “We the people of India, having decided to make this country as sovereign, socialist, secular, democratic republic and to secure to all its citizens: justice, social, economic and political. Liberty of thought, expression, belief, faith and worship, equality of status and opportunity: and to promote among them all; fraternity assuring the dignity of the individual and the unity and integrity of the nation. In our constitution assembly this twenty sixth day of November 1949, we do hereby adopt, enact and give to ourselves this constitution.