PART III - Fundamental Rights (A12-35) Sno. Heading 1 2 INTRODUCTION (ARTICLE 12-13)
Particulars ARTICLE Miscelleneous "Sta "S tate te" " nc u es GOI GO I & par pa r amen am ent t o In a,St a, Stat ate e gov g ovt. t. & eg s atur at ure e & Loca Lo ca Govt Go vts. s. 12 Laws(before commencement of this constitution) inconsistent with or in derogation of FR shall be VOID be VOID 13(1) State shall not make laws which takes away or abridges the FR conferred by this part, if made then it would be VOID. be VOID. 13(2)
13(3) 13(4) 3 4
14 15(1) 15(2) 15(3) 15(4)
5
RIGHT TO EQUALITY (Article 14-18)
15(5) 16(1) 16(2) 16(3) 16(4) 16(4A) 16(4B)
"Law" - ordinance, order, bye law,rule, regulation,notification,custom or usage having in TOI "Law in force" - law m ade by legislature before commencement of this constitution. o ng n s ar c e s a ap app y o any amen men 3 Equa Equa ty e ore ore Law Law & Equa Equa protec protectt on o Laws Laws Prohibits state from discriminating against its citizen on grounds "only on" RRCSP No discrimination - RRCSP - in access to SPHP & use & use of WTB WTB etc mainitained etc mainitained out of public funds State can make special provision for WOMENS for WOMENS & CHILDREN State can make special provision for advancement of socially & educationally backward classes of citizens or SC/ST. 15(4) + in relation to EI including private EI (chahe fund state se milte hon yaa nahin) BUT excluding Minority EI U/A 30(1) Equality of Oppurtunity in Public Employment or apptt. To any office under state. Prohibits state from discriminating against its citizen on grounds "only on" RRCSP DR w.r.t w.r.t employment or office under the state. R (RESIDENCE) (RESIDENCE) - can be a condition of public employment Rese Reserv rvat at on or BC n pu c emp emp oyme oyment nt t ey are are not not a equa equate te y repr repres esen ente te . Reservation in PROMOTION for SC ST in public employment employment if they are not adequately adequately represented. Vacancies falling under carry forward policy shall allways remain separate from regular vacancies arising in a particular year.
6 7
17 18
8
19(1)(a) 19(1)(b) 19(1)(c) 19(1)(d) 19(1)(e) 19(1)(f) 19(1)(g)
9
20 20(1)
RIGHT TO FREEDOM (Article 19-22)
20(2) 20(3)
10
21
11 12
21A 22 22(1) 22(2) 22(3) 22(4)
A o t on o Untouc a o on o es
ty n a
orms
mouth, writing, printing, picturing), Freedom of Press,agnst tapping of telephonic conversation,RTI. Assemble Peacebly & without arms ( hold public meetings, demonstrations,processions BUT NOT STRIKE.) Form Association,Union or co-operative societies.(Members of Armed Forces,Paramilitary forces & state police forces can't form Political association or Trade Union.) Right to move freely throughout the territory of India.(Promote national feeling) (Except in Tribal areas) Right to reside & settle in any part of TOI REPEALED R g t to pract ce any pro ess on or to carry or any occupat on, tra e or us ness Protecion in respect of CFO (conviction for Offences) - Agnst arbitrary & excessive punishment(Citizen or foreigner/Artificial Legal person) No Ex-post- acto Law (Non mpos t on o Retrospect ve Pena t es) No Double Jeopardy (No person shall be prosecuted & punished for same offence more than 1ce. No Se Inscr m nat on (1 cant e w tness agnst mse ) Protection of Life & Personal Liberty ( DOPEBL + DODPL(PNJ)) Right to Die with Dignity (Legality of Euthanasia - Passive Euthanasia(Brain dead or on PVS) survival on ELSS (case to case basis - SC) Active Euthanisia - Mentally Alert ,Terminal Illness, Capable of survival - AE if practiced then CRIME Under Law. RTE - State shall provide free & compulsory education to all children of age 6 - 14 yrs for 8 yrs of Primary education. Protection Against Arrest & Detention in certain case s Right to be informed of the grounds for such arrest,to consult & to be defended by a legal practitioner. Produced before nearest magistrate within 24 hrs of such arrest. 22(1) & 22(2) shall not apply to an enemy alien or under preventive detention. In cases of Preventive detention - detention can't e xceed 3 months unless an advisory board(Judge of HC) reports sufficient cause for extended detention.
22(5) 22(6) 22(7)
Right to be informed of the grounds for such arrest,to consult & to be defended by a legal practitioner. T e A v sory Boar can't sc ose n ormat on w c s agnst pu c n terest. ar amen can ma e aws or ex en e e en on 22 4
23(2)
Prohibition of Traffic in human beings & forced labour(begar) - Punishable by Law in case of contravention. State can impose compulsory service for public purpose. No discrimination on grounds "only on" RRCC(Class).
14
24
Prohibits the employment of children below the age of 14 yrs in HAZARDOUS INDUSTRIES.
15
25(1)
13
RIGHT AGNST EXPLOITATION (Article 23-24)
23(1)
25(2)(a)
16 17 18
RIGHT TO FREEDOM OF RELEGION (Article 25-28)
25(2)(b) 26 27 28 28(1) 28(2) 28(3)
19
29 29(1) CULTURAL &
29(2)
All persons are equally entitled to freedom of conscience & have right to freely profess,practice & propagate relegion subject to public morality. State can regulate or restrict any economic, financial,political or other secular activity associated with relegion. Provide for social welfare & reform or throw open Hindu relegious institutions of a public character to all classes & sections of Hindus (Sikh,Jaina or Buddhist) Freedom to manage relegious affairs. Freedom from taxation(Levying & Collection) for promotion or maintenance of particular Relegion. Freedom from Attending Relegious Instruction. EI w o y owne & ma nta ne y STATE FUNDS - NO Re eg ous Instrunct on EI estbd by Relegious Endowments & charitable Trusts & maintained by state RELEGIOUS INSTT. IS PERMITTED. EI rece v ng a out o state un s & recogn se y state -- RE LEGIOUS INSTRUNCTION IS PERMITTED on Voluntary Basis Protection of Interest in Minorities Any section of citizens residing in any part of India having a distinct language,script or culture of its own shall have the right to conserve the same. No citizen shall be denied admission into a ny EI maintained by state on grounds of RRCL(Language)
20
EDUCATIONAL RIGHTS (Article 29-31)
30(1) 30(1A) 30(2) 31
21
31A
22
5 CATEGORIES of laws cant be challenged and invalidated on t he ground of contravention of the fundamental rights conferred by Article 14 (equality before law and equal protection of laws) and Article 19 (protection of six rights in respect of speech, assembly, movement, etc.). (a) Acquisition of estates and related rights by the State; (b) Taking over the management of properties by the State; (c) Amalgamation of corporations; (d) Extinguishment or modification of rights of directors or shareholders of corporations; and (e) Extinguishment or modification of mining leases. This Article also provides for the payment of compensation at market value when the state acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limit.
SAVING OF CERTAIN LAWS (EXCEPTIONS TO FR) (ARTICLE 31A 31C) 31B
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All Minorities whether based on relegion or language HAVE the right to establish & administer EI of their choice. If property of any minority EI is taken over by state then proper compensation shall be sufficient for its relocation & administering itself. No Discrimination by state in granting AID to EI on ground that it is managed by a Minority (Relegious or Linguistic) ompu sory cqu s on o roper y -
Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights. Article 31B immunises any law included in the Ninth Schedule from all the fundamental rights whether or not the law falls under any of the five categories specified in Article 31A.
31C
(a) No law that seeks to implement the socialistic directive principles specified in Article 39(b) or (c) shall be void on the ground of contravention of the fundamental rights conferred by Article 14 (equality before law and equal protection of laws) or Article 19 (protection of six rights in respect of speech, assembly, movement, etc.) (b) No law containing a declaration that it is for giving effect to such p olicy shall be questioned in any court on the ground that it does not give effect to such a p olicy.
24
25
32(1) 32(2) 32(3)
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32(4) RIGHTS TO CONSTITUTIONAL REMEDIES (Article 32-35) 33
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34
28
35(a) 35(b)
Individuals have the right to move the SC by filing appropriate proceedings for enforcement of FR if found violated. SC s a ave t e power to ssue wr ts n t e nature o H,M,P,C,Q or en orcement o FR. Parliament can empower any other court (doesnot include HC - covered U A 226)) to issue directions,Orders, Writs etc. Right guaranteed u/a 32 shall not be suspended except as provided by parliament (A 359 President can suspend the right to move SC for enforcement of FR during a national emergency. Parliament can modify the rights of Armed forces, Para-military forces, Police forces, Intelligence agencies & Analogous forces -- To ensure proper discharge of duties & maintenance of discipline among them. Parliament can indemnify any govt. Servant or any other person for any act done by him in connection with maintenance or restoration of order in any area where MARTIAL LAW was in force. Power to make laws to give effect A16(3),A32(3),A33,A34 shall vest only in the parliament& NOT in State Legislatures. Any aw n orce mme ate y e ore t e const tut on wrt art c es n 35(a) s a e amen e y Parliament only
