Part-III
Part-III
Magna Carta
Art. 15, Art. 16, Art. 19, Art. 29 & Art. 30 Rights available to citizens
polite FRs are not absolute but qualified (very
limited)
Fundamental FRs are not sacrosact (are not permanent)
power to make laws to give effect to
Article 35 Rights
fundamental rights (vested only on Parliament)
FRs are justiciable in nature
rig
(1)
Art 31 & Art 19(f)
-
restriction on fundamental rights while
Article 34 Right to Property
Martial Law is in force has been removed
PM - Morarji Desai
spart State Govt.
En now legal right - 300 A
Government
Parliament power to restrict fundamental Within the
rights of armed personals Article 33 Article 12 Definition of term The State Parliament
/State legislati territory of India
Govt. body
Local/other authorities
Right to constitutional remedies any laws which inconsistent/controversial with
Article 13 FR shall be declared null & void (by judiciary) Right to Equality
from UK
↓ Art. 14-18
udicial source :
·
All citizens shall have the right- Article 14 Equal protection of the law from USA
9
Governor criminal proceed/
Right
-
Writs
Art. 19(a) to freedom of Speech & expression S
Exceptions C
Presidents, MLAs/MPs cannot be arrested on
civil matters
Art. 19(b) to assemble peaceably & without arms
Article 32 A
Equality to status
'
to move freely throughout the territory of M9 caste, sex, religion & place of birth Kake Kalaker
Art. 19(d) (2)
India public &d B : Manda
places
(3) women/ Equality to public employment L
to reside & settle in any part of the territory
R
children
2
-
ronmi
,
l Article 16 classes
u
employment
Sawhney Mande
->
Supreme Court cannot refuse to issue writ to practice any profession or to carry on any O
but High Court can Art. 19(g) 16 12) case
occupation, trade or budiness religize ,
race
,
core
promotion & reservation in appointment -
High Court writ jurisdiction is wider than protection in respect of conviction for 16 13) revidence
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>
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edit
State cannot provide title
Rightto
Right to establish & administer educational No person accused of any offence shall be
institutions (Only for minorities) Right to Freedom a no self incrimination
proce
compelled to be a witness against himself Article 18 Abolish of titles
Exception: in case of education, military,
Art. 19-22 - excellency
Freedom of conscience and free profession,
& Protection of life & personal liberty
Article 25 Article 21
practice and propagation of religion no person shall be deprived of his life &
/can
personal liberty except according to procedure
freedom to manage religious affairs Article 26 established by law
Prohibition of child labour Art. 23-24 Every person who is arrested and detained in
Article 24 Article 22 custody shall be produced before the nearest
Below 14 yrs can't be employed in magistrate within twenty-four hours
=pe
hazarduous/dangerous place
Punitive - crime has done
Preventive - on suspect
-
eionth
②
&
it ope sa