Please enable JavaScript.
Coggle requires JavaScript to display documents.
FUNDAMENTAL RIGHTS ART 19 TO 22 (ART 19(1): PROVIDES 6 FREEDOMS(ORIGNALLY…
FUNDAMENTAL RIGHTS
ART 19 TO 22
ART 19(1): PROVIDES 6 FREEDOMS(ORIGNALLY 7)
(i) Right to freedom of speech and expression.
ALSO IMPLICITLY CONTAINS:
RIGHT TO FREEDOM OF PRESS
RIGHT TO INFO ETC
(ii) Right to assemble peaceably and without arms.
HOWEVER SEC 141 OF IPC: ASSEMBLY OF MORE THAN 5 PEOPLE CAN BE DISPERSED
SEC 144 OF CrPC: A MAGISTRATE CAN RESTRAIN AN ASSEMBLY ON DANGER TO MAINTAINANCE TO PUBLIC ORDER
(iii) Right to form associations or unions or co-operative societies.
BUT NOT RIGHT TO STRIKE OR BANDH
(iv) Right to move freely throughout the territory of India.
BUT NOT IN SCHEDULED TRIBAL AREAS AND SOME NE STATES WHERE IT IS REQUIRED INNER LINE PERMIT
WHY
(v) Right to reside and settle in any part of the territory of India.
NOT IN SCHEDULED TRIBAL AREAS
(vi) Right to practice any profession or to carry on any occupation, trade or business.
NOT PROFESSIONS LIKE GAMBLER, PROSTITUTION, OR EXPLOSIVES
BUT SUBJECT TO STATE REGULATION LIKE LICENSING
PROTECTION ONLY AGAINST STATE
SINCE F.R ARE QUALIFIED THEY ARE SUBJECTED TO REASONABLE RESTRICTIONS
ART 19(2) MENTIONS GROUNDS OF RESTRICTIONS
sovereignty and integrity of India,
MISUSE: SEDEITION 124A OF IPC COLONIAL LEGACY
:arrow_upper_right:
:arrow_upper_right:
security of the state
decency or morality and public order,
USED IN CENSORSHIP OF FILMS OR OTHER MEDIA
friendly relations with foreign states
contempt of court,
WHY
ADDED
MISUSE?
incitement to an offence.
BUT HATE SPEECH NOT DEFINED
defamation,
UNDER 499 AND 500 OF IPC
MISUSE:
SLAPP
however these things are not defined that's why subject to arbitrary use by govt.
ARTICLE 20
Protection in Respect of Conviction for Offences
THERE ARE 3 PROVISIONS
No ex-post-facto law:
NO RETROSPEVCTIVE LAW
BUT THIS ONLY IN CASE OF CRIMINAL ACTIVITIES
NOT IN CIVIL ACTS AND PREVENTIVE DETENTION LAWS ALSO
2.No double jeopardy:
No person shall be prosecuted and punished for the same offence more than once.
NOT SUNBECT TO DEPARTMENTAL ENQUIRY AND DECISIONS
No self-incrimination:
No person accused of any offence shall be compelled to be a witness against himself.
THAT'S WHY NARCO TEST OR POLYGRAPHIC TEST ARE BANNED BY SC
ONLY IN CRIMINAL ACTS NOT CIVIL
ART 21
Protection of Life and Personal Liberty
no person shall be deprived of his life or personal
liberty
except according to
procedure established by law
WHAT
IS PROCEDURE ESTD BY LAW
PROTECTION FROM ARBITRARY EXECUTIVE ACTION NOT LEGISLATIVE
IF
LAW PERMIT THAN LIFE CAN TAKEN AWAY?
QUESTION CAME UNDER SCRUTINY
FIRST TIME IN
AK GOPALAN CASE
CHALLENGING VALIDITY OF PREVENTIVE DETENTION WRT TO ART 21:
SC HELD THE VALIDITY OF LAW ON ACC. OF PROCEDURE ESTD. BY LAW
IN ADM JABALPUR VS SHIV KANT SHUKLA
(HEABUS CORPUS CASE)
SC RETAINED THE EARLIER VIEW
THAN IN MANEKA GANDHI CASE 1978
SC CHANGED ITS STANCE AND HELD THAT LAW QUESTIONING RIGHT TO LIFE CAN BE SUBJECTED TO VALIDITY
UNDER
DUE PROCESS OF LAW
WHAT
IS DUE PROCESS OF LAW
SC HELD ‘Personal Liberty’ in Article 21 is of the widest amplitude
SC USED "CREATIVE INTERPRETATION OF ART 21" TO GIVE WIDE ARRAY OF RIGHTS(IMPLICITLY)
FOR EG: RIGHT TO PRIVACY UNDER PUTTUSWAMY JUDGEMENT
ART 21-A Right to Education
ADDED BY 86TH CONSAA 2002
earlier a dpsp u/a 45
State to provide free and compulsory
education to all children of the age of 6 to 14 years
but for only elementary education not higher edu.
2nd generation of rights
WHY
SO?(THEORY OF RIGHTS)
TO ENFORCE THIS RIGHT PARLIAMENT ENACTED
RTE ACT 2009
ART 22: Protection Against Arrest and Detention
DETENTION
PUNITIVE :PUNISHMENT AFTER TRAIL AND CONVICTION
PREVENTIVE:(CONFINEMENT) BEFORE TRAIL
WHY
CALLED PREVENTIVE
ART 22(1) PROTECTION AGAINST PUNITIVE DETENTION
Right to be informed of the grounds of arrest.
Right to consult and be defended by a legal practitioner.
Right to be produced before a magistrate within 24 hours, excluding the journey time.
IF NOT THAN ACCUSED MUST BE RELEASED
NOT AVIALBLE TO ENEMY ALIEN
ART 22 (2)
PROTECTION AGAINST PREVENTIVE DETENTION
The detention of a person cannot exceed
three
months unless an ADVISORY BOARD RECOMMENDS EXTENTION
BY 44TH CONSAA IT IS REDUCED TO 2 MONTHS BUT NOT ENFORCED.. SO TIME FOR PREVENTIVE DETENTION REMAINS 3 MONTHS
The grounds of detention should be communicated to the detenu.
BUT IF FACTS OF THE CASE ARE IN PUBLIC INTEREST NEED NOT BE DISCLOSED
The detenu should be afforded an opportunity to make a representation against the detention order.
WHO
CAN MAKE LAWS ON PREVENTIVE DETENTION OR IT IS IN WHICH LIST
PARLAIMENT IS AUTHORISED TO PRESCRIBE
CIRCUMSTANCES AND
MAX. PERIOD OF DETENTION
AND
PROCEDURE FOR INQUIRY
FOR EG:
NSA
COFFEPOSA
TADA AND POTA (BUT REPEALED)
THIS PROVISION IS A COLONIAL LEGACY
DEFENSE OF INDIA ACT 1939
ALSO NO DEMOCRATIC COUNTRY HAS A CONS PROVISION