Fundamental rights through questions

5 articles of the Indian constitution are for Indian citizens only. They are Article 15,16, 19,29,30.

But 17 is available for all. Even the foreigners.

So the answer is 17.(B)

Single citizenship comes under the basic structure doctrine, which was introduced in the Kesavananda Bharati case. So, citizenship is related to it.

Through the Kesavananda Bharati Case it was established even the preamble could be amended and thereafter in 1976, through 42nd CAA , three words integrity, socialist and secular were inserted into the preamble. So, preamble is also related to it.

The verdict in the Kesavananda bharati case established that fundamental rights could be amended but the basic structure doctrine could not.

And many fundamental rights come under the basic structure. So , my friend all three of these, be it citizenship, preamble or fundamental rights are related to Kesavananda Bharati case. Yep.

If we delve into the nature of Fundamental rights, we would understand that they are restrictive, negative as well as mandatory.

How negative?

It tells the state WHAT NOT TO DO!For example , the state SHALL NOT discriminate on the grounds of race, religion , caste , sex and place of birth.

It always focuses on what the state should not do.

How restrictive?

By very definitiom, fundamental rights exercise limitations on the the state. They restrict the state. So, restrictive.

How mandatory?

Let's say the state does not grant you a job saying that you are of low caste. Now, immediately you will reply, “Hey, you are violating my right to equality, I can directly approach the supreme court for this. Either you give me the job or near the brunt of supreme court's anger.”

So either way, the state , in this case has to give you the job, mandatorily. Either through supreme court's instructions or earlier , if the state is wise enough.

But fundamental rights are non convertible. Meaning that they are justiciable.

The commonwealth of India bill is related to Annie Besant(1925)

When did congress demand fundamental rights from the British for the first time?

1895

When was the home rule bill introduced ?

1900. It is a doubt. See if it is correct

Nehru report is also known as

When was it introduced?

First formal indian constitution.

It was introduced during 1928.

Who demanded fundamental rights from British for the second time and at what conference?

At 2nd round table conference, MK Gandhi demanded FRs yet again.

When was the proposal for fundamental rights done for the third time?

1931

Karach.

Under the chairmanship of sardar patel.

Proposed by sardar patel and made by MK GANDHI.

When was the cabinet mission plan introduced?

FR or Minority committee.

Chaired by Sardar patel.

-54 major recommendations.

Golaknath vs Punjab Govt case.(1967)

Shankari prasad vs India.

-1951

Sajjan singh vs Rajasthan Government

1965

Keshavananda bharati vs kerela government which year

1973

Minerva mills case which year

1980.

What was the verdict of Minerva Mills case? Why was this verdict required?

That everything under the sun is under the scope of judicial review.

After the landmark judgement in Kesavananda Bharati case regarding the Basic structure doctrine, the parliament through 42nd CAA amendment established that the amendments made by the Parliament will be beyond the scope of judicial review. To counter this, Minerva Mills case was given.

Which two rights are inalienable rights? Meaning that they can never be suspended?

They are article 20 and 21.

In case of which emergency is article 19 automatically suspended?

In case of external emergency, article 19 is automatically suspended. Apart from that other fundamental rights excluding 20 and 21 are also suspended.

But they are only suspended after president makes a declaration to that effect.

But A 19 is automatically suspended.

If the emergency is internal, is article 19 suspended?

No. Article 19 is not suspended in case of internal emergency.

But other FRs except 20 and 21 are suspended, albeit after the declaration made by the President.

Why are rights called fundamental?

Because they are essential for personal development.

-They are mentioned in the Indian constitution

-Parliament cannot make laws against them.q

Through which article was right to education inserted into FRs?

Through Unnikrishnan vs Andhra Pradesh, right to education was inserted into article 21 A.

Govind vs MP

Right to privacy was included in article 21.

Paramanand Katara case is related to

Health.

Paison ke aadhar par ek diseased insaan ko chikitsa se banchit nahi kiya jaa sakta.

A diseased person cannot be denied treatment just under the grounds of non-payment of fees, be it a government hospital or a private hospital.

Chameli case is related to

Right to shelter.

Through which case was hoisting national flag over a private property became a fundamental rights?

Through Naveen Jindal vs Union Govt case in 2004, hoisting national flag came under the article 19(1)(a).

Why? Because hoisting a national flag is a form of expression.

It expresses patriotism for the nation.

Through which case was inter-caste marriage considered to be a fundamental rights?

lal singh vs UP

What is the meaning of Adhiktyajan?

The freedom to waive of Fundamental rights.

It doesn't exist in India.

FR ko tyaag dene ki kshyamta. Bharat mein nahi he.

What is article 15(3)?

The state is empowered to make special provisions for upliftment of women and children.

Why not men? Is it not discrimination? Doesn't it violate article 15?

See, in 15(2) it has been that the state shall not discriminate on the groundsof race , religion, caste, sex and place of birth ONLY.

when it makes special provisions for women, let's say makes reservations for women in a bus, state is not discriminating on the basis of gender, it is discriminating on the basis of physical strength and stamina. In fact, it can do so. Because in those five criteria, physical strength doesn't find a mention.

Similarly, when it makes reservations for children , the state is discriminating on the grounds of age, again this word is not mentioned. So discrimination on the basis of age can be done.

There are only five parameters on the basis of which discri cannot be done.

Race , religion, caste, sex and place of birth.

Through which case was it established that phone tapping is also a breach of privacy?

People’s union for civil liberties vs India

Through which case was Right to education inserted in article 21m

Mohini vs Karnataka.

How many communities are recognised as minority communities? On what basis are minorities determined

Muslims, christians, Buddhists, Jains, parsis ,sikhs

There are two basis for recognising minorities

-Religion

-Language.

Through which case was it established that everyone has the right to live with dignity?

Maneka gandhi case

Indira Gandhi old age pension scheme was introduced along the lines of which article?

Article 41

The state shall secure the right of public assistance to the old, sick and disabled.

DPSP is related to which GOI act?

It is akin to the goi act 1935, the instrument of instructions given to the governor and governor-general of British India by the British Government.

DPSP are