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FUNDAMENTAL RIGHTS (WHAT IS SIGNIFICANCE OF F.R (NOT PERMANENT (ALSO…
FUNDAMENTAL RIGHTS
WHAT
IS SIGNIFICANCE OF F.R
THESE ARE NEGATIVE RIGHTS OR REDLINES
MAINLY AGAINST STATE
WHAT
IS FUNDAMENTAL ABOUT THEM
JUSTICIABLE
AGGRIEVED PARTY CAN DIRECTLY APPROACH SC
QUALIFIED NOT ABSOLUTE
SUBJECT TO REASONABLE RESTRICTIONS
WHO
WILL DECIDE THAT RESTRICTION
CONS. AND STATUTORY
WHO
WILL DECIDE REASONABILTY
NOT PERMANENT
SUBJECT TO AMENDMENT
ALSO SUBJECT TO CREATIVE INTERPRATAION BY SC
LIKE RIGHT TO PRESS
RIGHT TO PRIVACY
WHY
NOT PERMANENT
CAN BE SUSPENDED DURING EMERGENCY
BUT NOT ART 20 AND 21 BY 44 TH CONSAA
ART 19 TO BE SUSPENDED IF EMERGENCY ON GROUND OF WAR AND EXTERNAL AGGRESION NOT ON ARMED REBELLION
EXCLUSIVE AUTHORITY OF PARLIAMENT TO MAKE LAW FOR ENFORCEMENT OF FR.
WHY
A LAW IS REQUIRED FOR ENFORCEMENT
WHY
EXCLUSIVE AUTHORITY OF PARLIAMNET
NOT SELF ENFORCEABLE
INTRODUCTION
INSPIRED FROM USA CONS.
BILL OF RIGHTS
ORIGIN OF F.R
MAGNA CARTA SIGNED BY KING JONN OF ENGLAND 1215
ORIGNALLY ART12 TO 35
7 F.R IN CONS
Right to equality (Articles 14–18)
Right to freedom (Articles 19–22)
Right against exploitation (Articles 23–24)
Right to freedom of religion (Articles 25–28)
Cultural and educational rights (Articles 29–30)
Right to property (Article 31)
AMEMDED BY 44 TH CONSAA 1978 AND MADE A LEGAL RIGHT UNDER ART 300-A
Right to constitutional remedies (Article 32
ART 13:
LAWS
INCONSISTENT OR VOILATION OF F.R SHALL BE VOID
IMPLICITLY PROVIDES
JUDICIAL REVIEW
SUBJECT TO SC U/A 32 AND HC U/A 226
WRIT JURISDICTION
WHY
JUDICIAL REVIEW SHOULD BE THERE
SO THAT DEMOCRACY DOESN'T TURN INTO MOBOCRACY OR TYRANNY OF MAJORITY
WHERE
IS ORIGIN OF JUDICIAL REVIEW
ORIGINATED FROM
MARBURY VS MADISON CASE 1803
GIVEN BY
JUSTICE JOHN MARSHALL
OF US SUPREME COURT,
WHAT
BASIS OF JUDICIAL REVIEW:
THEORY OF LIMITED GOVERNMENT
SUPREMACY OF THE CONSTITUTION
ENSURES
RULE OF LAW
OTHER DOCTRINES OF JUDICIAL REVIEW
WHAT
IS TERM LAW MEANT
DOES
CONSAA COMES UNDER TERM LAW
AMENDABILITY OF F.R
ARTICLE 12 : STATE CAN'T VIOLATE F.R
CONSIST OF LEGIS AND EXE. OF UNION +STATE+ U.T+ GOVT. AGENCIES
+
PRIVATE ENTITIES ACTING AS INSTUMENT OF STATE