Lecture 11 Vocabulary Flashcards – Indian Constitution (Polity)

Vocabulary flashcards covering key terms and concepts from the notes on Article basics, due process, education rights, end-of-life directives, arrest rights, privacy, speech, and federalism.

Article 21

Right to life and personal liberty; not absolute; subject to due process and procedure established by law; includes life with dignity.

Procedure established by law

Law enacted by the legislature that the executive must follow; can safeguard against executive arbitrariness but does not protect against arbitrary legislature.

Due process of law

Fair, just procedure that protects against arbitrary actions by all state organs; may involve evaluating the fairness of the law itself.

Golden triangle (Articles 14, 19, 21)

Interconnected requirements: no arbitrariness (Art 14), upholding freedom (Art 19), and protection of life with due process (Art 21).

Passive euthanasia

Withdrawing life support to allow death without actively causing it; allowed by courts under strict case-by-case safeguards.

Active euthanasia

Deliberately causing death; generally not allowed; distinguished from passive euthanasia in legal judgments.

Advanced medical directive / Living will

Prior written instruction about medical care if one becomes unable to decide; recognized as a fundamental right under Art 21 (2018 rules).

Aruna Shanbaug case (2011)

Landmark ruling addressing euthanasia and the right to die with dignity; laid groundwork for guidelines on passive euthanasia.

Common Cause v Union of India (2018)

Case that recognized living will/advanced medical directive as a fundamental right under Article 21; clarified conditions for end-of-life decisions.

Right to education (Unikrishnan v. State of Andhra Pradesh, 1983)

Interpreted as a fundamental right under Article 21 to ensure a meaningful life through education.

Right to Education Act, 2009 (RTE)

Law mandating free and compulsory education for 6–14 years; includes enrollment, non-discrimination, and related safeguards.

No detention policy (RTE context)

Policy under RTE that initially prevented detention; later states could modify; linked to continuous assessment rather than mark-based detention.

Eight years of continuous education

Eight years of uninterrupted schooling mandated for six-to-fourteen age group under RTE; aims to reduce dropouts.

Age-appropriate classroom

Students placed in classes suitable to their age, with bridging/remedial measures to bring them up to pace.

Article 22

Right against arrest and detention after arrest; must be informed of grounds in writing; right to consult lawyer; 24-hour production before magistrate.

Grounds of arrest

Written reasons for arrest; must be communicated to the person and often to relatives; basis for legal defense.

Right to counsel of choice

Right to be defended by a lawyer of one's choice; includes access to legal aid when necessary.

24 hours before magistrate

Arrested person must be presented before a magistrate within 24 hours to determine continued detention or bail.

Preventive detention

Detention on suspicion of possible wrongdoing; typically limited in time and subject to review by an advisory board.

Advisory board

Panel (often judges) that reviews preventive detention to decide whether it should continue.

Right to privacy (K.S. Puttaswamy v. Union of India, 2017)

Fundamental right intrinsic to life and personal liberty under Article 21; protects personal autonomy and confidentiality.

Hate speech

Speech that incites hatred or discrimination against a group; not protected under Article 19(1)(a) in many contexts; clarified in cases like Amish Devgan.

KA Abbas v. Union of India

Case establishing that films are subject to precensorship due to their mass cultural impact, distinct from other media.

Separation of powers vs checks and balances

Rigid separation is not absolute in India; a system of checks and balances with independent judiciary and overlapping functions.

Federalism in India (strong center; quasi-federal)

Centre-dominant federal structure with cooperative features; emergency provisions can centralize power temporarily; overall quasi-federal.