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Fundamental Rights

Fundamental rights are the basic human rights that are essential for the overall well-being and dignity of individuals. These rights are enshrined in various national and international legal frameworks and serve as the foundation of a just and equitable society. This mind map aims to explore the concept of fundamental rights, their significance, and the different categories they fall under. By visually organizing the information, this mind map will provide a comprehensive overview of the fundamental rights, including civil rights, political rights, social rights, and economic rights.

2023-06-09 13:43:32에 편집됨

vaibhav singh

Fundamental Rights

vaibhav singh

추천 사항
개요

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Study Smarter

1. R2 Equality(14-18)

14- Equality B law 15 - Disc 16 - Equal Opp 17 - untouch 18 - titles

14 - > EBL equality before law (British) ( negative concept) absence of special privileges equal subjection of all persons to ordinary law of land. no person is above law equal protection of laws(American) equality of treatment similar application of same laws to all persons RULE OF LAW -> 1) absence of arbitrary power 2) EBL 3) Constit is the result of rights defined and enforced by courts rather than constit being the source being the source of rights. 3rd point not applicable to indian context. , 1,2 are Exceptions: President and governor enjoy immunity .

2. R2 Freedom(19-22)

A-19(6 F) 1) Speech and exp 2) Assemble, meetings, processions(but only on public land) 3) form associations 4) move freely 5) reside and settle in any part of india 6) practice any profession.

Protected against only state action and not private individuals

Restrictions on the grounds 1) sovereignty and integrity 2) security of state 3) friendly relations with foreign state 4) public order 5) decency or morality 6) contempt of court 7) defamtion 8) incitement to an offence

Protection from conviction of offenses(A-20) 1) No ex-post-facto law: No person shall be a) convicted of any offence except for violationof a law in force nor b) subjected to a penalty > that prescribed by law. 2) no double jeopardy 3) No self incrimination

1) ex-post facto -> retroactively 2) double jeopardy only in proceedings before court/judicial tribunal and not in depts or administrative authorities.(since they are not of judicial nature) 3) self incrimination: does not extend to compulsory production of material objects blood specimen signature specimen alsoonly to criminal proceedings, and not to civil or non-criminal nature.

to citizens, foreigners, and legal persons(company)

ex-post facto on civil and tax laws.

Protection of life and personal liberty(A-21) 1) Gopalan Case(1950) -> established that personal liberty can be be deprived on executive order. Validity of law cannot be questioned on basis that the proceedure of law is unreasonable, unfair, or unjust. (NARROW VIEW) 2) Maneka Case(1978) -> overruled, and established WIDER VIEW. Personal liberty can be deprived if the procedure prescrbed by law is reasonable, just and fair. (introduced the expression->due process of law - Prelims 2023) A-21(A) -> Right to Education( till 14 years)

Protection against Arrest and Detention(A-22) 1) Part 1 deals with punitive . 2) Part 2 deals with preventive.

3. R agnst Exp(23-24)

Prohibiton of Traffic in Human Beings and Forced Labour(A-23) Exception: permits State to impose compulsory service for public purpose eg military service, social service(for which its not bound to pay), but then cant discriminate on RCClass.

Prohibits Employ of Children in Factories.(A-24) 1) 2006 -> Banned children as domestic serv, workers in business, dhabas, rest, shops, fact, etc.

4. R2 Fr of Religion(25-28)

Free of CFpPP (A-25) 1) Covers beliefs(C, Fp) 2) Covers rituals(PP)

Conscience, Free Profession(to profess), Practice, Propagation

Contains 2 explainations 1) Kirpans in Fp in Sikhs 2) Si_Jai_Bud in Hindus

Subject to 1) Public order 2) morality 3) Health

State can 1) regulate/restrict any eco, finan, polit, or other acti associated with religious practice 2) provide social welfare, reform, and even put open Hindu religious institutions of public character to all classes and sections of Hindus.

Free to Manage Religion affairs.(A-26) Every religious denomination has following rights

Its to religious denomination and not to indiviudals. DIference between 25 and 26

collective rights to freedom of religion

Freedom 2 1) establish religious inst for charity 2) manage their own affairs 3) own and acquire property 4) admin that property

Conditions on Religious Denomin by SC 1) collection of indivi who have a system of beliefs 2) common organisation 3) designated by distinctive theme eg -> RamKrish Mission, Ananda Marga within Hindu religion "aurobindo society" is not a religious denomin

Freedom from Taxation for promotion of religion(A-27) 1) No tax for promotion/maintance of particular religion 2) Tax can be spent for p/m of all religions. 3) Fee can be imposed eg on Haj, vaishnodevi. for regulating expenditure.

Free from religious instruction(A-28) 1) no RI in any edu inst. wholly maintained by State funds. 2) permited in edu inst admined by State but estb under trust, requiring imparting of religious instruction. 3) Voluntary for EI recognised by state/receiving funds

5. Cult and Edu(29-30)

Protection of Interests of Minorities 29

Citizens with

distinct language

script

culture

have right to

conserve them.

Protects right of a group

Citizens cant be denied admission into edu inst maintained by state/receiving aid out of state on grounds of rel/race/caste/language.

protects rightof citizen as an individual irresp of the community.

Protection to

Linguistic minorities

Religious minorities

In wider ambit, not restricted to minorities since the word CITIZEN is there.

R of Minorities to Estb. and admin Educ inst. 30

To both religious and linguistic minorities

no wider ambit as A-29

Although minorites is not defined in constitution

R2 establish and admin edu insti of their choice

no discrim in granting aid

Sup Court general principles(Malankara Case, 2007)

1) choose governing body 2) teaching staff 3) eligible students 4) $ structure

No reverse discrimination

General laws of land will apply to minority insti. equally