Saturday, August 22, 2009

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.

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