Escolar Documentos
Profissional Documentos
Cultura Documentos
Rights
Preliminaries
Due process of Law
Procedure Established by Law
Golaknath vs. State of Punjab (1967)
Keshavananda Bharti vs. State of
Kerela (1973)
Basic definitions
Rights: An abstract idea of that
which isdue to a person or
governmental body by law, tradition or
nature.
Duties: An obligation or work that
you are expected to perform for
moral or legal reasons.
Fundamental Duties
It shall be the duty of every citizens of India-
(a) to abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for
freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and
reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavour and
achievement.
Magna Carta
Or
Magnum Opus
Fundamental Rights
Basic Human Rights (freedoms)
Civil liberties (Individual and group)
Peace and harmony
Enforceable,
restrictions
subject
Universally applicable
to
certain
Fundamental Rights
contd
Right to equality
Right to freedom
Right against exploitation
Right to freedom of religion
Cultural and Educational rights
Right to constitutional remedies
Salient Features
The Rights have their origins in many sources,
including Bill of Rights (England and US) and
Declaration of Rights of Man (France).
UN General Assembly adopted the UDHR and
called upon all member states to adopt
these rights in their respective constitutions.
These rights are considered essential for the
development of the personality of every
individual and to preserve human dignity.
Salient contd.
One can move the Supreme Court on breach
of these rights.
They help in protection and prevention of
gross human rights violations.
These rights primarily protect individuals from
any arbitrary state actions, but some rights
are enforceable against individuals as well
(for eg. Un-touchability, begar, etc).
Fundamental rights can be amended as well
as they are not absolute.
Salient contd.
During Emergency, the rights conferred by
Article 19 (freedoms of speech, assembly
and movement, etc.) remain suspended.
Hence, in such a situation, the legislature
may make laws which go against the
rights given in Article 19.
Also, the President of India, may by order
suspend the right to move court for the
enforcement of other rights as well.
Right to Equality
Article 14: Equality before law and
equal protection of law
Article 15: Prohibition of
discrimination on grounds only of
religion, race, caste, sex or place of
birth.
Article 16: Equality of opportunity in
matters of public employment
Article 17: Abolition of un-touchability
Article 18: Abolition of titles, Military
and academic distinctions are,
however, exempted
Right to Freedom
Article 19: It guarantees the citizens of
India the following six fundamentals
freedoms:
Freedom of
Freedom of
Freedom of
Freedom of
Freedom of
Freedom of
Business
military
Right to constitutional
remedies
Habeas Corpus This is issued to a detaining authority, ordering
Certain Issues
Right to work
Freedom of Press
Reservation Policy
Overseas citizen
Uniform Civil Code
Is equality a virtue?
Compensatory/
discrimination
protective
Amendments
Right to property
by the 44th Amendment (1978)
Right to education
by the 86th Amendment (2010)
Dzeikuje Bardzo