Fundamental Rights

Questions

1. How do the Fundamental Rights, particularly the right to equality, intersect with the principles of affirmative action, and what constitutional mechanisms exist to reconcile potential conflicts?

2. Analyze the relationship between the right to life and personal liberty and emerging challenges in the realm of bioethics, including issues such as assisted reproductive technologies and genetic engineering.

3. Examine the interplay between the right to freedom of speech and expression and the constitutional limitations imposed by defamation laws, exploring the balance between individual liberties and protection of reputation.

4. Assess the linkage between the right to education as a Fundamental Right and the concurrent responsibility of the state to ensure quality education, and analyze the implications for policy-making in the education sector.

5. Explore the relationship between the right to privacy and modern surveillance technologies, evaluating the constitutional safeguards in place and potential gaps in protecting individual privacy rights.

6. Analyze how the right against exploitation, particularly in the context of child labor and bonded labor, intersects with the Directive Principles of State Policy and shapes legislative and policy interventions.

7. Examine the constitutional implications of the right to property being transformed into a legal right, and its subsequent removal as a Fundamental Right, on economic policies and land acquisition laws.

8. Assess the intersection of the right to equality and the reservation policy, analyzing how it has evolved over time and its impact on social justice and representation in various sectors.

9. Explore the relationship between the right to constitutional remedies and the functioning of constitutional bodies, such as the Election Commission, and their role in upholding democratic principles.

10. Analyze the implications of the right to freedom of assembly and association on issues of public protest and dissent, considering the balance between individual rights and maintaining public order.

Article 12

Info

Def of State $⟹$ Govt, Parl, SLA, LA, OA within Indian territory or in control of Indian territory

• Local auth $\to$ General Clauses Act 1885
  • MCD, Panchayat, Cantonment Board
• Other auth:
  • Uni of Madras v/s Shantabai 1954 $⟹$ Uni not State hence FR limitations not applicable on Uni
  • Mohanlal v/s Raj Electricity Board 1967 $⟹$ 1954 judgement overruled $\to$ sovereignty not necessary
  • OA now = Uni, Corp (LIC, ONGC)
  • RD Shetty v/s AAI $\to$ Test of Instrumentality

Article 13

Info

Law against FR can’t operate

• Law in force
• += delegated legislation

• doctrine of severability

Article 14

Info

Equality before law + equal protection of law Lays down foundation for rule of law

• citizens and non citizens
• E Royappa v/s St. of TN 1973 $\to$ arbit action violative of Art 14

Article 15

Info

Application of RoE RRCSPoB only for citizens (race, religion, caste, sex, place of birth)

• 15(3) - spl provisions for women / children
  • 73rd CAA 1992: Women reservation in Panchayat
  • 74th CAA 1992: Women reservation in Municipal
  • JJ Act 2015
  • refer more
    • Women Issues and Welfare
    • Provisions for Children Welfare

Article 16

Info

Employment RRCSPoB + DR (descent, residence)

• 16(1): eql opp for all citizens
• 16(2): RRCSPoBDR
• 16(3): Parl my by law require residence for job in state (only Parl, NOT state)
• 16(4): provision for (socio, edu, eco) bkwd/ underrep classes
  • see also: Reservations and Reservations for EWS
• 16(5): religion as criteria for holding office with affairs w/ religious institution
• 16(6): EWS reservation upto 10% (via 103rd CAA 2019)

Article 17

Info

Untouchability

• Untouchability (Offences) Act 1955

Article 18

Info

Titles, don’t confer, accept (from foreign state) don’t accept foreign gifts, emoluments if working under profit under State w/o Prez perms

• Balaji Raghvan Case 1994 $\to$ civilian awards not titles (eg. Bharat Ratna)

Article 19

Info

Protection of certain rights regarding FoSE, movement, trade

Parts of 19(1)

• (a): FoSE
  • IE v/s UoI 1984 $\to$ press FoSE
  • Naveen Jindal v/s UoI 2004 $\to$ right to hoist nat flag
  • Jehovah Witness Case 1986 $\to$ right to remain silent
  • PUCL v/s UoI 2013 $\to$ we got NOTA
  • ADR 2002 $\to$ info regarding election candidates
  • Shreya Singhal Case 2015 $\to$ strike down 66(A) of IT Act 2002
  • 19(2): reasonable restrictions on FoSE
    • sovereignty and integrity, security
    • friendly rel. w/ foreign states
    • public order, decency, morality
    • contempt of court, defamation
    • incitement to offence
• (b): peaceful assembly w/o arms
  • curbed by Sec 144 CrPC
  • Bharat Kr. v/s UoI 1998 $\to$ Bandh illegal, just protest normally don’t lockdown the city
• (c): form associations, unions, coop soc
  • added via 97th CAA 2011
  • DPSP 43B
• (d): move freely
• (e): reside and settle
  • indian citizen only
  • promote unity and integrity, cultural exchange, common market, idea of single citizenship
  • not absolute (refer 19(5))
  • protection of interest of ST (eg. Inner Line Permit)
  • Covid 19:
    • NDMA 2005
    • Epidemic Diseases Act 1897
• (f): Right to property NO LONGER EXISTS!
• (g): any profession, occupation, trade or business
  • 19(6)(i): may prescribe technical, professional qualification for jobs (obv)
  • 19(6)(ii): may exclude ALL citizens from certain activities (i.e. State wants to do it)

Restrictions

• 19(2): $\to$ 19(1)(a)
• 19(3): $\to$ 19(1)(b)
• 19(4): $\to$ 19(1)(c)
• 19(5): $\to$ 19(1)(d) and (e)
• 19(6): $\to$ 19(1)(g)

Article 20

Info

Protection in respect of conviction for offenses

• 20(1): criminal law
  • no retrospective application of criminal law
  • no criminal charge for non criminal offence
  • can’t inc punishment retrospectively, but can dec
• 20(2): no double jeopardy
• 20(3): no self incrimination / right to remain silent
  • Selvi v/s St. of Karnatka $\to$ Narco test can’t be forced (also rel. Art 21)

Article 21

Info

No person shall be deprived of his life or personal liberty except acc to PEBL

3 req for depriving L/PL

1. law must be made by competent auth
2. law must provide procedure to deprive
3. procedure must be followed by State

Maneka Gandhi vs UoI (Passport)

refer Maneka Gandhi v UOI 1978

• PEBL must be just, fair and reasonable
• 14, 19 and 21 to be seen interrelated

Expanding Scope

• court assumed activist role
• Right to life not just animal existence, but everything that makes life worth living

Environment

• MC Mehta v UoI: Right to health and clean env
• ND Jayal v UoI: Right to sustainable dev
• Subhash Kr v State of Bihar: Right to pollution free air and water

Personal Liberty

• Shakti Vahini v UoI: Right to choose one’s life partner
• KS Puttaswamy v UoI 2017: Right to Privacy
  • refer: Digital Personal Data Protection Act 2023
• Navtej Singh Johar v UoI: Right to choose sexual orientation
• Kiran Bedi v Committee of Enquiry: Right to reputation
• RM Malkhani v State of Maha: Right against phone tapping

Social issues

• Vishakha v State of Raj 1997: Sexual harassment at workplace
• Olga Tellis v BMC: Right to livelihood
• Mohini Jain v State of Karnataka: affordable education (capitation fee)
• Vincent v UoI: Right to health
• Aruna Shaunbagh v UoI: Right to die with dignity

Article 21A

Info

Right to education

• added by 86th CAA 2002
• Right of Children to Free and Compulsory Education Act 2009
• earlier DPSP Article 45 (List of Directives)
• age 6 - 14

Article 22

Info

Protection against arrest and detention in certain cases

• 22(1): no arrest w/o info of grounds of arrest. No denial of right to consult / defended by legal practitioner of his choice
• 22(2): prod b4 nearest maj 24hr
• 22(3): not apply to
  • (a) enemy alien
  • (b) under preventive detention
• 22(4): no preventive detention law shall auth >3mo detention unless
  • (a) advisory board
  • (b) law made by parl
• see also: Preventive Detention

Article 23

Info

Prohibition of traffic in human beings and forced labour

• 23(1): traffic in human beings, begar, forced labour prohibited
• 23(2): state may impose compulsory service for public purposes
  • in doing so, state must not discriminate on basis of RRCC
  • can discriminate on sex

Article 24

Info

Prohibition of employment of children in factories

• below 14 yrs $\to$ can’t work in factory, mine or hazardous place
• see also: Provisions for Children Welfare

Article 25

Info

Freedom of conscience and free profession, practice and propagation of religion

• 25(1) matter
  • no forced conversion
• 25(2) state may
  • (a) regulate eco, fin, pol, or other secular activity related with rel prac
  • (b) provide welfare / reform or opening Hindu religious institutions to all classes
• this article allows Kirpans
• Hindu includes Sikh, Jaina, Buddhist
• see also Court and Religion

Article 26

Info

Freedom to manage religious affairs

• 26(a): establish, maintain insti for rel and charitable purposes
• 26(b): manage own affairs in matter of religion
• 26(c): own and acquire mov/immov property
• 26(d): administer such property in accordance with law

Article 27

Info

Freedom as to payment of taxes for promotion of any particular religion

Article 28

Info

Freedom to attend religious instruction / worship at certain EI

• 28(1): no religious inst at any EI wholly out State funds
• 28(2): EI under endowment or trust requiring rel inst may provide so
• 28(3): person at EI recognized by State or receiving aid out of State fund not forced to partake in rel worship / inst unless consent (person or guardian)
• Aruna Roy v UoI: no prohibition on study of rel philosophy and culture. Comparative study important.

Article 29

Info

Protection of interest of minorities

• 29(1): any section of citizens with distinct language, script or culture has right to conserve the same
• 29(2): no citizen denied admission to EI maintained by State or State fund on grounds only of RRC+L (language)

Article 30

Info

Right of minorities to establish and administer EI

• 30(1): rel or lang minorities have right to est & administer EI
• 30(1A): what?
• 30(2): State shall not discriminate against EI when granting aid on basis of mgmnt of minority

Articles 31A - 31D

• Saving of certain laws
• what?