Indian Constitution: Rights and Directive Principles

Comprehensive vocabulary flashcards covering Fundamental Rights, Directive Principles, and legal protections mentioned in Chapter 2 of the Indian Constitution at Work.

Constitution

A document that sets limits on the powers of the government and ensures a democratic system in which all persons enjoy certain rights.

Bill of Rights

A list of rights mentioned and protected by the constitution which prohibits the government from acting against the rights of individuals and ensures a remedy in case of violation.

Motilal Nehru Committee

A committee that demanded a bill of rights for India as far back as $1928$.

Fundamental Rights

Rights separately listed and specially protected by the Constitution of India that are so important the Constitution itself ensures they are not violated by the government.

South African Constitution

Inaugurated in December $1996$, it contains a 'Bill of Rights' considered the cornerstone of its democracy, forbidding discrimination on grounds such as race, gender, and status.

Ordinary Legal Rights

Rights that are protected and enforced by ordinary law and may be changed by the legislature through the ordinary process of law-making.

Preventive Detention

The arrest of a person without following ordinary procedure out of an apprehension that they are likely to engage in unlawful activity, which can be extended for a maximum of $3$ months.

Begar

Forced labour without payment, which is prohibited under the Right against Exploitation.

Right to Equality

Includes equality before law, equal protection of laws, and the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

Article $16(4)$

A constitutional provision stating that reservation of appointments or posts for backward classes is not a violation of the right to equality.

Right to Freedom

Encompasses protection of freedom of speech, assembly, association, movement, residence, and the right to practice any profession.

Right to Life and Personal Liberty

A right under Article $21$ stating no person shall be deprived of life or personal liberty except according to procedure established by law.

Rights of the Accused

Constitutional protections ensuring no person is punished for the same offence more than once, no law is applied from a backdate, and no person is forced to give evidence against themselves.

Right against Exploitation

Prohibits human trafficking, forced labour, and the employment of children below the age of $14$ in hazardous jobs.

Right to Freedom of Religion

The freedom of conscience and the right to freely profess, practice, and propagate any religion of one's choice.

Secularism

A principle where the state does not have an official religion and extends equal treatment to all religions.

Cultural and Educational Rights

Provisions that allow religious and linguistic minorities to maintain their culture and establish their own educational institutions.

Right to Constitutional Remedies

Described by Dr. Ambedkar as the 'heart and soul of the constitution,' it allows citizens to move the High Court or Supreme Court for the enforcement of Fundamental Rights.

Habeas Corpus

A writ where the court orders that an arrested person be presented before it and can set them free if the arrest is not lawful.

Mandamus

A writ issued when a court finds a particular office holder is not performing their legal duty, thereby infringing on an individual's right.

Prohibition

A writ issued by a higher court when a lower court has considered a case that goes beyond its jurisdiction.

Quo Warranto

A writ issued by the court to restrict a person from acting as an office holder if they are found not entitled to hold that office.

Certiorari

A writ where the court orders a lower court or authority to transfer a pending matter to a higher authority or court.

National Human Rights Commission (NHRC)

An institution established in $1993$ to protect human rights, composed of former judges and members with expertise in human rights matters.

Directive Principles of State Policy (DPSP)

A list of non-justiciable policy guidelines intended to bring about social and economic well-being and equality.

Fundamental Duties

A list of $10$ duties (inserted by the $42nd$ amendment in $1976$) that citizens should perform, such as abiding by the Constitution and protecting the environment.

44th Amendment ($1978$)

The constitutional amendment that removed the right to property from the list of Fundamental Rights and made it a simple legal right under Article $300 A$.

Kesavananda Bharati Case

A landmark $1973$ Supreme Court decision ruling that there are certain 'basic features' of the Constitution that cannot be changed by Parliament via amendment.