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Part-III

The document outlines various articles of the Magna Carta related to fundamental rights available to citizens, including the right to equality, freedom of speech, and protection against discrimination. It discusses the justiciability of these rights, the power of Parliament to legislate, and the restrictions that may apply during martial law. Additionally, it highlights the rights of minorities, the abolition of untouchability, and the prohibition of child labor and human trafficking.

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0% found this document useful (0 votes)
15 views1 page

Part-III

The document outlines various articles of the Magna Carta related to fundamental rights available to citizens, including the right to equality, freedom of speech, and protection against discrimination. It discusses the justiciability of these rights, the power of Parliament to legislate, and the restrictions that may apply during martial law. Additionally, it highlights the rights of minorities, the abolition of untouchability, and the prohibition of child labor and human trafficking.

Uploaded by

archituttarwar8
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Art: 12-35

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 :
·

D Equality before the law from UK

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
'

Article 19 (1) Art. 19(c) to from association or union A Article 15


Right against discrimination Gender, race,
1st
-
Backward
class come
15(1) - -

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
-

by B R Ambedkar Heart & Soul of Constitution Art. 19(e)

ronmi
,

of India Backwad Equality of opportunity in matters of public


(4)

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
-
>
-

Patient (not a violation of Right to Equality)


Protection of interests of minorities Supreme Court rich jurisdiction offences Art. 16(4)
16 141 Backward Balaji v/s State of Mysore
clar
Article 29
No person shall be convicted of any offence Cases Devdasan v/s Union of India Case
Right to protect language, script, culture of
every citizen for any section of society Part-III no ex post facto law except for violation of a law in force at the 15)
Cultural & Educational right Article 20 time of the commission Indira Sawhney Case (1993)
Right of minorities to establish & administer Art. 29-30 No person shall be prosecuted & punished for Article 17 Abolition of untouchability
no double jeopardy
-
educational institutions the same offence more than once
Article 30

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

Freedom as to payment of taxes for promotion


Article 27
Right of religion Right to education
of any particular religion
Art. 25-28
provide free and compulsory education to all
Freedom as to attendance at religious Article 21 A
children of the age of 6 to 14 years
instruction or religious worship in certain Article 28
educational institutions by 86th CA, 2002

Protection against arrest and detention in


Prohibition of Human trafficing & forced labor certain cases
Article 23
Exception - under this article, state can force No person who is arrested shall be detained in
Right against exploitation
-

people to do compulsory services custody without being informed

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

&

it ope sa

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