Fundamental rights

What is Magna Carta?

It is the bill of rights in UK.

Find more about it.

From where have we borrowed Fundamental rights?

We have borrowed fundamental rights from US constitution.

Define fundamental rights.

Fundamental rights can be defined as the rights given to individual that are enforceable by the courts against the state.

Who guarantees that fundamental rights will not be stripped away from an induvidual?

The Supreme Court.

Why is it called fundamental?

-Because it is justiciable

-And as this is fundamental to human existence.

In which part of the article FRs have been mentioned

? And the articles that tell us about it are

Fundamental rights have been mentioned in Part 3 of Indian Constitution, ranging from article 12 to article 35.

Broad classification of fundamental rights

Right to equality-14,15,16,17,18

Rights to freedom-19,20,21,22

Rights against exploitation-23,24

Rights to religious freedom-25,26,27,28

Cultural and educational rights-29,30

Property-A 31

Constitutional Remedies-32

Article 12

This article gives the definition of state.

Union government

State Government

Parliament

State Legislative Assembly

Any other local authority, inside or outside India within the control of Indian Government.

Is judiciary a part of State?Can a private body be a part of the State?

While carrying out administrative functions it is a part of the state.

But while carrying out judicial functions it is not a part of the state.

generally it is not considered to be a part of the state.

A private body can be considered to be a part of the State if it carries out the duties of the State.

Article 13

Any lamendment/order/legislation/action that violates, abridges or contravenes fundamental rights can be declared null and void by the Supreme Court.

It is Supreme Court that decides on the validity of a law.

Does high court possess the power of judicial review?

Yes, it has limited judicial review.

A 14

It talks about two things.

Equality before law.

This means everyone is equal in the eyes of law. This has been borrowed from UK.

Equal protection of laws

Like should be treated as like.

Unlike should not be treated as like.

This means that if two adults commit similar crimes deliberately then they will be subject to same punishment.

On the other hand, if a child commits a crime unknowingly , then he wont be punished as an adult would.

Equal protection of laws has been borrowed from USA.

Article 15

It states that there shall be no discrimination on the grounds of race, religion, sex, gender, and place of birth.

RRCSPOB

Different treatment doesn’t mean discrimination.

In fact, on some grounds discrimination must be done. For example, discrimination is done on the basis of academics. One cannot become a doctor without clearing NEET. Claiming it to be against fundamental rights just because one cannot clear NEET is foolishness at its prime.

A 16

Equality of opportunity in public employment.

Race, Religion, Caste, Sex, Place of Birth, Descent, Residence-Discrimination will not be done on these grounds.

Then again, certain exception are there. For example, anyone other than a hindu cannot become Shankaracharya.

A 17

Abolition of untouchability in all its forms.

Protection of civil liberties,1955

Under no circumstances will untouchability be allowed.

A 18

Abolition of titles except academic and military.

Meritorious titles are not abolished.

What are the rights in A 19?

previously there were 7 rights , from A 19(a) to A 19(g).

But later A 19(g) was subtracted.

And now only 6 rights are mentioned.

19 a-Freedom of speech and expression

19b-Freedom of assembly

19 c-Freedom of assocation

19 d- Freedom of movement

19 e-Freedom of residence

19 f- Freedom of profession

19 A

Freedom of speech and expression with reasonable grounds of restriction.

It is only given to citizens of India.

Implicit freedom of press is given.(words, writings, lithographies, speaking)

Can fundamental rights be amended?

Yes , they can be amended. In fact , 66 A of IT ACT was struck down because it was ambiguous and violated freedom of speech and expression.

Is the ground of reasonable restriction applicable to MPs and MLAs

?

No, MPs and MLAs possess unlimited freedom of speech. Their grounds of reasonable restriction is limited.

19 b

Freedom of assembly.

Right to strike is not a fundamental right.

Marches, protests and rallies are allowed.

Assembly should be peaceful.

Brandishing arms not allowed.

Controversy related to Sikh community regarding right to assembly without brandishing weapons.

Kripan is brandished with pride while the Sikhs march while carrying out their religious duties.

Kripan is not held to threaten anyone.

So the act of Sikhs carrying a kripan while marching cannot be called as against article 19 b as there is no threat involved. Moreover this act also gets protection from article 25-28.Freedom of religion.

What does section 144 of CrPC state?

It imposes reasonable restrictions on the freedom of assmebly, stating that 4 or more than 4 people cannot assemble.

It is a valid preventive order.

Freedom of association.

Any group is free to form an association.

However, it is against the very grain of FRs to form an association for immoral and illegal purposes.

This is stated clearly in UAPA,1967.

Unlawful activities prevention act.

Freedom of movement

Any citizen of India is free to move to any part of India except some places.

Reasonable grounds of restriction.(military, diplomatic)

Is curfew against the freedom of movement?

No it is not against the freedom of movement as it is done, keeping in mind national interest. For example the curfew that was declared all across the nation did not violate any fundamental right as national interest was the prime aim for its declaration.

Express ban or implicit ban. Explain

There can be no express or implicit ban to freedom of movement to any citizen of India.

If all the travelways are banned, (airways, railways and roads)it is called an express ban.

If there is no alternative road connection A to B then toll booth charges cannot be made. In this case travel should be free.

Charing tool booth in this case would come under implicit ban on freedom of movement which is against the very soul of A 19 d.

Can increase in charges come under implicit ban?

Yes it can as it may prevent people with weak financial background to travel.

19 e. Freedom of residence

Freedom of residence or obtaining a place of settlement anywhere in India, although this too has reaonable restrictions.

Some places are inaccessible for residence on the military grounds. And places where biosphere reserves, wildlife sanctuaries and national parks are found are also beyond the ambit of this FR.

Ariticle 35 A (now abolished)

According to this article, the citizens of India residing in Jammu and Kashmir were allowed to buy property and purchase land in that area.

This was done through a presidential order in A 370.

Now article 370 has been abrogated and this special provision is no longer in place.

Freedom of profession

It does not give anyone to engage in an illegal profession.(Like terrorist)

Some occupations are restricted to state only. For example, creating of nuclear bombs can only be carried out by the governmental organisations.

This means that state can monopolise any business.

Example where freedom of profession was monopolised.

Freedom of expression was monopolised when government declared that it would acquire the business of motor vehicles.(dont know if it still is valid)

Which article is automatically suspended during external emergency?

A 19