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.
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.
- ► 2015 (40)
- ► 2014 (83)
- ► 2013 (220)
- ► 2012 (76)
- ► 2011 (140)
- ► 2010 (525)
- ज्वाला-दिजू की जोड़ी ने इतिहास रचा
- Zero Inflation
- Khilafat and Non-Cooperation Movement
- चंद्रयान मिशन हुआ समाप्त
- Total view of India's military and foreign r...
- The burden of injustice
- Challenge of food inflation
- Colombo names new Foreign Secretary
- Union bill to make rain-water harvesting compulsor...
- Grid Computing.
- TERMS USED IN DIFFERENT GAMES & SPORTS
- TYPES OF WATER REACTORS
- Half of panchayat seats for women
- World record benchmark in solar energy by Australi...
- महिला आरक्षण विधेयक
- Goods and Services Tax (GST)
- Review of Constitution
- Role of Gandhi in Independence Struggle
- निर्यात का 200 अरब का लक्ष्य निर्धारित
- Land Acquisition Act 1894
- Ashoka Chakra
- Domestic Voilence Act
- Population Geography and Transport
- Indian Army inducts first indigenous T-90 tanks
- Shorts Notes
- PLASTIC HAZARDS
- NATIONAL AGRICULTURAL INSURANCE SCHEME
- ROAD TO A RESPONSIBLE GOVERNMENT- History Notes
- Supreme Court of India
- Economic Terms
- National Savings Certificate (NSC)
- USOF-Universal Service Obligation Fund
- 12th Finance Commission Recommendations
- Structure of Indian Money Market
- What is Currency swap?
- What is SDR?
- What is PL 480 Programme?
- What are Participatory Notes or the P-Notes?
- Fiscal Responsibility and Budget Management (FRBM
- Budget: Glossary of terms
- Functions Of RBI
- All about 123
- What is the greenhouse effect
- Fact Sheet : First In India (Female)
- Red corner notice
- Organizations listed as terrorist groups by India
- Public Interest Litigation(PIL)
- The Indian I.T. Act, Section 67-A
- QUIZ ON MAHATMA GANDHI
- Mughal India and Delhi Sultanat
- Vijaynagar Kingdom- points to remember
- SHORT NOTES-ECONOMY
- ISSUES INVOLVED IN IMPLEMENTING COMPULSORY PRIMARY...
- G-8 SUMMIT 2009
- MEGA FOOD PARK SCHEME
- The Pythian Games
- वेनेज़ुएला की सुंदरी बनी मिस यूनिवर्स
- AUGUST 23, 2009
- BANK JOBS
- PUNJAB NATIONAL BANK RECRUITMENT – PNB JOBS
- TEST YOUR GENERAL KNOWLEDGE
- An Essay: Legalising Prostitution in India
- An Essay: Corruption in India
- An Essay: Child Labour in India
- An Essay: Role of media in a democracy
- An Essay: Tsunami
- IAS negative marks: what to do
- How to prepare for indian polity mains
- Articles of the Constitution
- Directive Principles of State Policy
- Extracts fro...
- How to become an IAS/IPS officer?
- IAS Chat
- Legal Provisions for Protection and Conservation o...
- TAPPING SOLAR ENERGY
- Development and Promotion of Renewable Energy Sour...
- Foreign Direct Investment in India
- INDIA'S 'POWER': WEAKNESS=VIRTUE, STRENGTH=IMMORAL...
- CIVIL SERVICES BILL 2009
- Scam in power purchase : downside of privatisation...
- BRAVERY AWARDS
- विश्व नक्शे में आएगा भेड़ाघाट
- HOW MUCH RAMAYANA DO U KNOW
- Strategy For Sanskrit
- Press Trust of India
- Shah-Nanavati commission
- एशिया में खाद्यान्न संकट की चेतावनी
- श्रीलंका: विस्थापितों के हालात 'भयंकर'
- जलवायु परिवर्तन पर सख़्त चेतावनी
- भारत में 11 करोड़ और ग़रीब
- ▼ August (245)