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FUNDAMENTAL RIGHT ART 29 TO 32 (ART 34 : MARTIAL LAW (IT MEANS ‘MILITARY…
FUNDAMENTAL RIGHT
ART 29 TO 32
Protection of Interests of Minorities
ART 29:
RIGHT TO CONSERVE
A
DISTINCT LANGUAGE, SCRIPT OR CULTURE OF ITS OWN,
TO BOTH RELIGIOUS AND LINGUISTIC MINORITIES
ANY SECTION OF THE CITIZENS RESIDING IN ANY PART OF INDIA
*
SC HELD THAT SCOPE OF THIS ARTICLE IS NOT LIMITED TO MINORITY BUT ANY SECTIONS OF CITIZEN : MAJORITY AS WELL
ART 30
RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER
EDUCATIONAL INSTITUTIONS
+
GUARANTEED RIGHT TO COMPENSATION ON ACQUIRING THE LAND OF SUCH INS
ADDED BY 44TH CONSAA
THOUGH RIGHT TO PROPERTY (ART 31) WAS DELETED
WHAT
IS RIGHT TO PROPERTY
WHAT IS DIFFRENCE B/W A LEGAL RIGHT AND F.R
ART 32
RIGHT TO CONSTITUTIONAL REMEDIES
WHAT
ARE RIGHT W/O REMEDY
DR AMBEDKAR CALLED ARTICLE 32 AS THE MOST IMPORTANT ARTICLE OF THE CONSTITUTION—‘AN ARTICLE WITHOUT WHICH THIS CONSTITUTION WOULD BE A NULLITY
IT IS SOUL AND HEART OF CONS.
AGGREIVED CAN DIRECTLY MOVE SC:
WRIT JURISDICTION OF SC
CAN ALSO BE ISSUED BY HIGH COURT ART 226
CAN
RIGHT TO MOVE TO SC CAN BE SUSPENDED?
ART 359
THAT'S WHY SC IS REFEREED AS DEFENDER
AND GUARANTOR OF THE FUNDAMENETAL RIGHTS OF THE CITIZENS
BUT
WRIT JURISDICTION OF SC IS EXTENDED TO
F.R ONLY
WHAT
ARE OTHER RIGHTS
WHO
ENFORCES THEM
PARLIAMENT CAN ALSO EXTEND THIS WRIT JURISDICTION BY A LAW TO ANY COURT BUT NO SUCH LAW IS PASSED BY THE PARLAIMENT
CONS PROVIDES FOR 5 WRITS
HABEAS CORPUS
THE COURT THEN EXAMINES THE CAUSE AND LEGALITY
OF DETENTION AGAINST ARBITRARY DETENTION
LATIN TERM WHICH MEANT "TO HAVE BODY OF"
CAN BE ISSUED AGAINST PUBLIC AND PRIVATE
MANDAMUS
IT MEANS ‘WE COMMAND’.
IT IS A COMMAND ISSUED BY THE
COURT
TO A PUBLIC OFFICIAL: PUBLIC BODY, INFERIOR COURT, TRIBUNAL, OR GOVT.
ASKING HIM TO PERFORM HIS OFFICIAL DUTIES THAT HE HAS FAILED OR REFUSED TO PERFORM
CAN NOT BE ISSUED:
->AGAINST PRIVATE INDIVIDUAL
-> AGAINST PRESIDENT AND STATE GOVERNOR
->AGAINST CHIEF JUSTICE OF HIGH COURT
->WHEN DUTY IS DISCRETIONARY
PROHIBITION
IT MEANS ‘TO FORBID’.
ISSUED BY A HIGHER COURT TO A LOWER COURT OR TRIBUNAL .
TO PREVENT THE LATTER FROM EXCEEDING ITS JURISDICTION
ONLY IN JUDICIAL CAPCITY
CERTIORARI
IT MEANS ‘TO BE CERTIFIED’ OR ‘TO BE INFORMED
IT IS ISSUED BY A HIGHER COURT TO A LOWER COURT OR TRIBUNAL
EITHER TO TRANSFER A CASE PENDING WITH LOWER COURT
: PREVENTIVE
TO SQUASH THE ORDER OF THE LATTER IN A CASE
: CURATIVE
ONLY IN JUDICIAL CAPACITY NOT AGAINST LEGISLATIVE BODIES
QUO WARRANTO
IT MEANS ‘BY WHAT AUTHORITY OR WARRANT’
ISSUED BY COURT TO ENQUIRE INTO CLAIMS OF PUBLIC OFFICE
NOT AGAINST MINSTERIAL OR PRIVATE OFFICE
LOCUS STANDI NOT APPLIED
FROM
WHERE
THESE WRITS ARE TAKEN ?
ART 33
ARMED FORCES AND FUNDAMENTAL RIGHTS
PARLIAMENT (ONLY)THROUGH LAW CAN RESTRICT OR ABROGATE F.R OF ARMED FORCES
WHY
WHAT
ARE SOME RESTRICTIONS
FOR EG: ARMY ACT , AIRFORCE ACT, NAVY ACT, POLICE ACT
COURT MARTIAL ARE EXCLUDED FROM WRIT JURISDICTION OF SC AND HC
ART 34 : MARTIAL LAW
IT MEANS ‘MILITARY RULE’
WHERE CIVIL ADMINISTRATION IS RUN BY MILITARY OUTSIDE RULE OF ORDINARY LAW
BUT NO WHERE IN CONS. TERM MARTIAL LAW IS THERE
RESTRICTIONS ON FUNDAMENTAL RIGHTS WHILE MARTIAL
LAW IS IN FORCE IN ANY AREA WITHIN THE TERRITORY OF INDIA
PARLIAMENT CAN INDEMNIFY OR NEGATE ANY ACT DONE BY PUBLIC SERVANT IN THIS REGARD
for eg: ?
ORIGIN ?
GENERAL DYER
BUT IMPOSITION OF MARTIAL LAW DOESN'T MEAN SUSPENSION OF HAEBES CORPUS
ART 35 : EFFECTING F.R EXCLUSIVELY WITH PARLAIMENT NOT SLA
EFFECTING MEANS : PUNISHMENT & RESTRICTIONS
EXCEPTIONS TO FUNDAMENTAL RIGHTS
31 A,B,C (LND)
ART 31C
LAWS EFFECTING DPSCP U/S 39(b) and (c) can contravene art 14 and 19
ADDED BY 25TH CONSAA
ART 31A
vs 14 ,19
LAWS RELATED TO AGRICULTURAL LAND REFORMS, INDUSTRY AND
COMMERCE
ACQUISITION OF ESTATES etc
ADDED BY 1ST CONSAA
ART 31 B
ACTS THAT ARE PLACED IN 9TH SCHEDULE
IF VOILATE F.R CAN'T BE SUBJECT TO JUDICIAL REVIEW
BUT SC
IN I.R. COELHO CASE 2007
JUDICIAL REVIEW IS PART OF BASIC STRUCTURE OF CONS
IMMUNITY FROM JUDICIAL REVIEW OF LAWS INCLUDED IN THE NINTH SCHEDULE DOESN'T INCLUDE A BLANKET BAN
ADDED BY 1ST CONSAA
RIGHTS OUTSIDE PART III
Article 300-A
NO PERSON SHALL BE DEPRIVED OF HIS PROPERTY SAVE BY AUTHORITY OF LAW
Article 301
TRADE, COMMERCE AND INTERCOURSE THROUGHOUT THE TERRITORY OF INDIA SHALL BE FREE
ARTICLE 326
UNIVERSAL ADULT SUFFRAGE
(Article 265
NO TAX SHALL BE LEVIED OR COLLECTED EXCEPT BY AUTHORITY OF LAW