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Fundamental Rights Part III - Coggle Diagram
Fundamental Rights
Part III
Right to Equality
Article 14 to 18
Article 14
Equality before law
Equality Before law - British - Negative concept
Equal Protection of laws - American - Positive concept
It Allows for classification but it Should not be arbitrary, artificial or evasive. should be based on intelligible differentiation
Exceptions
Prez./Governor Immunities
Article 360
MPs not liable for anything spoken or vote on the floor of the House
Article 105
article 31C
Ar 39(b) and 39 (c) > > Article 14, 19
foreign ambassador's immunity and diplomatic immunity
Article15
Prohibition of discrimination on the basis of Religion, Race, Caste, Sex and place of Birth
Exceptions
d. Women & Children
b. SC & ST
c. Socially and economically backward classes
d. EWS
Article 16
Equality of Opportunity in Public Employment
no discrimination on grounds of only religion, race, caste, sex, descent or place of Birth
Exception
a. Parliament can prescribe residence as criteria
b. state can provide reservation for any backward class
C. office related to religious Or denominationd institution
d. EWS
Article 17
Abolition of Untouchablity
Protection of civil Rights Act 1955
Available against private individuals
Article 18
Abalision of Titles
Probitestate from conferring titles except Millitary & Educational
Prohibits citizens from accepting titles from foreign States
foreigners Holding office in India can accept title only after consent of President
citizen/ foreigners holding office can accept office of profit, present, emoluments from foreign state only after consent of Pusident
Facts
Only for Citizens
Article 15,16 19,29 & 30
Parliament can amend them subject to the basic structure
Article 12
The State
Govt.+ Parliament + Government and legislatures Of states + local authorities + other Authorities
Article 13
Laws inconsistent with Fundamental Rights
Permanent laws + Temporary Laws+ Delegated Legislation
Constitional Amendment is not included as laws under Article 13 but can be challenged if violating Basic Structure- Keshavananda Bharti Case
Right to Freedom
Article 19- 22
Article 19
Protection of Six Rights
Freedom of speech and Expression
Restrictions
Sovreignity & Integrity of India
Security of the State
Friendly Relations with foreign states
Public Order
Morality
Contempt of court
Defamation
Incitement to offence
Assembly
Restrictions
Sovereignity & Integrity of India
Public Order
Association
Restrictions
Soverignity & Integrity of India
Public Order
Morality
Movement
Restrictions
Interest of General public
STs
Includes only Internal Movement
Residence
Restrictions
Interest of General public
STs
Profession, Occupation, trade and Business
Restrictions
State can prescribe qualification
State can reserve for iitself & exclude completely or partially
Article 20
No Double Jeopardy
only against judicial proceedings
No expost-facto criminal laws
No self - Incrimination
Does not extend to
compulsory production of material
compulsory enibition of body
compulsion to give thumb impression, etc.
Article 21
Right to life and personal liberty
Due process of law
and
Procedure Established by Law
Article 21-A
Right to Education Act
86TH CAA, 2002
Right of Children to Free and Compulsory Education Act, 2009
6 to 14 years
Article 22
Protec tion against Arrest and detention
Preventive Detention
detention can't exceed 3 months unless .an Advisory board extends it
Advisory board consists of H.C. judges
grounds of detention to be . communicated subject to public interest
opportunity to make a representation against the detention order
Punitive Detention
Right to be informed the grounds of arest
consult & be defended by a legal practitioner of choice
to be produced before magistrate within 24 hours
to be released after 24 hours if detention not approved by magistrate
Right Against Exploitationn
Article 23 and 24
Article 23
Prohibition of Traffic in Human Beings and Forced labour
Traffic in Human Beings include
selling & buying
Immoral traffic
Devdasis
Slavery
Forced labour
Begar
State can impose compulsory service far public purpose
Article 24
Prohibition of Employment of Children in Factories etc.
Child labour Act 1986
NCPCR 2005
Right to Freedom of Religion
Article 25 to 28
Article 25
Freedom of Conscience, Profession, Practice and Propogation
Subject to
Public Order
Health
Morality
Other provisions.in Part III
State is permitted to -
a. regulate or restrict any economic, financial, and other secular activities associated with religious practice
b. provide for social welfare and reform or theone Hindu institutions open to all classes and sections of Hindus
carrying Kirpans to be included in profession of sikh religion
Hindus include Sikhs, Jains and Buddhists
Article 26
Freedom to Manage Religious Affairs
Right to Establish and Maintains Institutions for religious and charitable purposes
Manage its own affairs.in mattars of Religion
to own and acquire movable and immovable property
to administer such property in accordance of law
Article 27
Freedom from taxation for Promotion of a Religion
Article 28
Freedom from attending Religious Instruction
at institutions recognised by state or recieving aid from the state
Cultural and Educational Rights
Article 29 and 30
Article 29
Protection of Interests of Minorities
SC hild that scope of this article is not restricted to the minorities
Both religious as well as linguistic minorities
Article 30
Right of minorities to Establish and administer Educational Institutions
to establish and administer edu. institutions of choice
linguistic and Religious minorities
Article 31-A
Savings of 5 categories of laws providing for acquisition by state
Article 31-B
9th schedule
Immunises laws from judicial review (not blanket immunity - I.R. Coelho)
Article 32
Right to Constitutional Remedies
5 Writs
Habeas Corpus
(to have the body of)
available against individuals
Can't be issued when :
1.Detention is lawful
Detention is by competent court
proceeding is for contempt of legislature or court
detention is outside the jurisdiction of court
Mandamus
(we command)
can be issued against public body, corporation, inferior count or tribunal
can't be issued against private individual, discretionary duty, departmental instruction without statutory backing, President, Governor and Chief Justice acting in Judicial Capacity
Prohibition
(to forbid)
Against lower court or tribunal to prevent it from exceeding or usurping jurisdiction
Quo warranto
(by what walant)
can be issued in case of substantive public office of permanent character Created by a statute or constitution
can't be issued against ministerial office
Certiorari
(to be certified)
issued by higher court directing lower courts to either transfer pending cases or squash the Orders of the lower courts
SC can issue wits for enforcement of fundamental rights
Parliament can empower any other court to issue these writs
Article 33
Armed forces & FRs
Parliament can curtail rights of armed forces including paramilitary, police ,intelligence agencies & analogous force.
Can also exclude court martials from writ jurisdiction of supreme court
Article 34
Martial law and F.R.s
Indemnity by Parliament (can't be challenged in court)
Martial law- civil functions performed by the millitary
Article 35
Power to make laws to give effect to fundamental rights rests ONLY with the parliament
Article 31_C
laws implementing 39(b) and 39/ c) can't be challenged on the basis of Article 14 or 19