Fundamental Rights (DAMP)
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Contents
- Explain the significance of Article 32 of the Indian Constitution in ensuring the fundamental rights of citizens. How has this article been interpreted by the courts over the years?
- What are the Rights within the ambit of Article 21 of the Indian Constitution ?
- “Freedom of speech and expression is a cornerstone of a democratic society.” Discuss the significance of this right in the context of Indian democracy.
- “To what extent do Fundamental Rights contribute to the preservation of individual freedoms and democratic values in India? Discuss with reference to landmark judicial decisions.”
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Explain the salient features of fundamental rights as enshrined in the Indian Constitution.
- Mention different kinds of writs mentioned in the Indian Constitution and highlight the significance of writs.
13-04-2023
Answer :
Introduction: Write a brief introduction about Article 32 or write importance of Article 32 in brief.
Body: Address the demand under two headings: 1) Key significance of article 32 and 2) Famous judicial cases related to Article 32.
Conclusion: Summarizes and concludes on a positive note.
Answer: Article 32 of the Indian Constitution provides for the right to constitutional remedies for the enforcement of fundamental rights. It is often referred to as the “heart and soul” of the Constitution because it guarantees citizens the right to approach the Supreme Court directly if their fundamental rights have been violated. The article empowers the Supreme Court to issue directions, orders or writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, to any person or authority within the territory of India for the enforcement of such rights.
Key significance of Article 32:
- Protection of Fundamental Rights: Article 32 ensures that citizens have a mechanism to protect their fundamental rights against infringement by the state or its agencies.
- Accessibility of Justice: Citizens can approach the Supreme Court directly through Article 32, which ensures the accessibility of justice, especially for marginalized and vulnerable communities.
- Independence of Judiciary: Article 32 upholds the independence of the judiciary by enabling the Supreme Court to act as a check against the state and its actions.
- Public Interest Litigation (PIL): The interpretation of Article 32 by the Supreme Court has expanded its scope to include the protection of public interest. This has led to the development of PILs as a powerful tool for citizens to seek justice and bring about social change.
- Accountability of the State: Article 32 empowers citizens to hold the state accountable for any violation of their fundamental rights.
- Protection of Democracy: Article 32 ensures the protection of democratic values by enabling citizens to seek legal remedies for any infringement of their fundamental rights.
Famous judicial cases related to Article 32: - Maneka Gandhi vs. Union of India: The Supreme Court held that the right to life and personal liberty under Article 21 cannot be restricted by laws that are arbitrary, unreasonable, or violative of natural justice principles. This case expanded the scope of Article 32.
- ADM Jabalpur v. Shivkant Shukla (1976): This case is also known as the Habeas Corpus case. The Supreme Court held that during the Emergency period, the right to life and personal liberty, which are protected under Article 21 of the Constitution, could be suspended.
- Indira Nehru Gandhi v. Raj Narain (1975): In this case, the Supreme Court held that the right to vote was a fundamental right and that it could be enforced under Article 32 of the Constitution.
The courts have played a significant role in expanding the scope of Article 32 by incorporating new rights such as the right to education, the right to a clean environment, and the right to livelihood under the ambit of fundamental rights. Its broad interpretation by the courts has helped in strengthening the protection of fundamental rights in India.
12-04-2023
Q: What are the Rights within the ambit of Article 21 of the Indian Constitution ?
Answer :
Introduction: Write a brief introduction about Article 21
Body: Highlight various Rights which falls within the ambit of Article 21 of the constitution.
Conclusion: Summarizes and concludes on a positive note.
Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This article ensures the protection of certain fundamental rights to every person in India.
The rights that fall within the ambit of Article 21 include:
- Right to Life: This includes the right to live with dignity, the right to livelihood, the right to shelter, the right to basic amenities, and the right to a healthy environment.
- Right to Personal Liberty: This includes the right to freedom of movement, the right to privacy, the right to a fair trial, the right against unlawful detention, and the right against torture or cruel, inhuman or degrading treatment.
- Right to Education: Although education is not explicitly mentioned in Article 21, the Supreme Court of India has held that the right to education is a fundamental right that flows from Article 21.
- Right to Health: This includes the right to basic medical facilities, the right to emergency medical treatment, and the right to a clean and hygienic environment.
- Right to a Fair Trial: This includes the right to legal aid, the right to a speedy trial, the right to be heard, and the right to a fair and impartial judge.
- Right to privacy: This right protects an individual’s privacy and personal autonomy, including their right to be free from surveillance and intrusion into their personal life.
- Right against torture and inhuman treatment: This right protects individuals from torture, cruel, inhuman, or degrading treatment or punishment.
- Right to livelihood: This right protects an individual’s right to earn a livelihood, including the right to work and the right to fair wages.
- Right to clean environment: This right includes the right to a clean and healthy environment, free from pollution and other environmental hazards.
Article 21 of the Indian Constitution protects the basic rights and freedoms of every individual and ensures that they are not deprived of their life or personal liberty except according to the procedure established by law. The rights enshrined under Article 21 of the Indian Constitution represent a strong commitment to the protection and promotion of fundamental human rights.
11-04-2023
Answer :
Introduction: Write a brief introduction about Article 19.
Body: Highlight contribution of Freedom of speech and expression in Indian democracy.
Conclusion: Summarizes and concludes on a positive note.
The right to freedom of speech and expression is an essential component of Indian democracy. It is enshrined in Article 19(1)(a) of the Indian Constitution, which guarantees to every citizen the right to freedom of speech and expression subject to certain reasonable restrictions.
Significance of this right in the context of Indian democracy:
- Facilitates informed decision-making: Freedom of speech and expression facilitates informed decision-making in a democratic society. It allows citizens to express their opinions and views freely, which is necessary for healthy debate and discussion.
- Promotes accountability: Freedom of speech and expression allows citizens to hold their elected representatives accountable for their actions and decisions.
- Promotes diversity of opinions: Freedom of speech and expression also promotes diversity of opinions and ideas to facilitate healthy debate and discussion.
- Facilitates social change: Freedom of speech and expression allows individuals and groups to raise their voices against social injustices and inequalities.
- Protects dissent: Freedom of speech and expression allows individuals to express their disagreement with the government without fear of retaliation or repression.
- Encouraging innovation and creativity: The freedom of speech and expression enables individuals to express their ideas and thoughts freely, which can lead to new and innovative solutions to societal challenges.
- Reasonable restrictions: While freedom of speech and expression is a fundamental right, it is not absolute and can be subject to reasonable restrictions in the interest of national security, public order, and the protection of other fundamental rights. The Indian Constitution provides for such restrictions under Article 19(2).
The right to freedom of speech and expression is an essential component of Indian democracy. It plays a critical role in promoting accountability, facilitating informed decision-making, promoting diversity of opinions, facilitating social change, and protecting dissent. Thus, freedom of speech and expression is indeed a cornerstone of a democratic society.
10-04-2023
Answer :
Introduction: Write a brief introduction about Fundamental Right.
Body: Highlight various judicial cases which helped in preserving and protecting fundamental Rights.
Conclusion: Summarizes and concludes on a positive note.
Fundamental Rights protects the individual freedoms and democratic values in the country. They are enshrined in the Indian Constitution and act as a safeguard against any arbitrary actions of the government. These rights ensure that every citizen of India has the right to equality, freedom of speech and expression, the right to life and personal liberty, freedom of religion, and the right to education, among others.
Landmark judicial cases which safeguarded and preserved Fundamental Rights:
- Right to Equality: The Constitution of India guarantees equality before the law and prohibits discrimination on the grounds of religion, race, caste, sex, and place of birth.
- State of Kerala v. N. M. Thomas (1976): Right to equality is not merely a negative right but also a positive right that includes the right to equal opportunities in public employment.
- Navtej Singh Johar v. Union of India (2018): It criminalized consensual sexual acts between adults of the same sex. It recognized the importance of the right to equality and non-discrimination based on sexual orientation.
- Right to Freedom: This category includes freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, etc.
- Maneka Gandhi v. Union of India (1978): Right to life and personal liberty under Article 21 of the Constitution includes the right to travel abroad.
- Right to livelihood: The right to livelihood is an integral part of the right to life under Article 21 of the Constitution.
- Olga Tellis v. Bombay Municipal Corporation (1985): The court held that the state cannot deprive a person of their means of livelihood without due process of law.
- Right to Education: Right to education is a fundamental right under Article 21 of the Constitution.
- Mohini Jain vs. State of Karnataka: The court held that the state cannot deny admission to a student in an educational institution solely on the grounds that the student is unable to pay the fees.
- Right Against Exploitation: This category includes the prohibition of trafficking, forced labor, and child labor.
- People’s Union for Democratic Rights v. Union of India (1982): Right to livelihood is a fundamental right under Article 21 and that the government has a constitutional obligation to provide work to every able-bodied citizen.
- Bandhua Mukti Morcha vs. Union of India: The court also held that the state has a duty to provide rehabilitation and relief to bonded laborers.
- Right to Freedom of Religion: This category includes the freedom to profess, practice, and propagate any religion.
- S. R. Bommai v. Union of India (1994): Secularism is a basic feature of the Constitution of India, and any action or law that goes against the principles of secularism is unconstitutional.
- Cultural and Educational Rights: This category includes the right of minorities to establish and administer educational institutions of their choice.
- T. M. A. Pai Foundation v. State of Karnataka (2002): State has a duty to protect the rights of minorities to establish and administer educational institutions.
The judiciary’s role in interpreting and enforcing these rights is crucial to ensuring that citizens of India can exercise their rights without fear or prejudice. These landmark judgments demonstrate how the Fundamental Rights enshrined in the Indian Constitution contribute to the preservation of individual freedoms and democratic values in India.
28-04-2023
Answer :
Fundamental Rights are a set of basic rights that are enshrined in the Constitution of India. These rights are guaranteed to every citizen of India, and they form the cornerstone of a democratic society.
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Salient features of fundamental rights as enshrined in the Indian Constitution: |
- Claim of Citizens against state: Citizens can claim their rights from the state, and the state is obligated to protect and respect those rights.
- Fundamental Rights can be limited by the state for social control within the grounds mentioned in the Constitution. Courts balance individual and societal rights.
- Restriction upon state: Fundamental Rights limit legislative and executive power. Any law or action that violates them is invalid, protecting an area of individual freedom from government interference.
- They are enforceable by court: Constitution under Articles 32 and 226 provides machinery for enforcing Fundamental Rights. Judiciary ensures their speedy and effective enforcement for these rights to be useful.
- Balance between freedom and social control: Fundamental Rights aim for a balance between individual freedom and social control. They are based on a liberal spirit.
- Rights are corelative with duties: Rights and duties are correlative, meaning that the enjoyment of rights comes with corresponding duties towards society and fellow citizens.
The Indian Constitution guarantees six Fundamental Rights to protect individual liberties against arbitrary state actions, promote democracy, and enable citizens to hold the state accountable, with judicial enforcement.
05-10-2023
Answer :
A writ is an instrument or order of the court using which it directs an individual or official or an authority to do or abstain from doing an act. Articles 32 and 226 of the Indian Constitution provide for the right to constitutional remedies, for the enforcement of fundamental rights. This right is enforced by the higher judiciary through five kinds of writs.
Writs are as followed:
- Habeas Corpus: It means to ‘have the body’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of the detention. The writ is considered to be the bulwark of individual liberty against illegal and unjustifiable detention.
• Mandamus: It means ‘we command’ and is a judicial remedy which is in the form of an order from a superior court to any governmental agency, court or public authority to do or forbear from doing any specific act which that body is obliged to do under the law.
• Prohibition: It means ‘to forbid’ and is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It is an extraordinary prerogative writ of a preventive nature.
• Certiorari: It means to ‘to certify or to be informed’ and is issued by a higher court to a lower court or tribunal to transfer a case pending with the latter to itself or to squash the order of the in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
• Quo Warranto: It literally means ’by what authority or warrant’ and is issued by the court to enquire into the legality of claim of a person to a public office, thereby preventing illegal usurpation of public office by a person.
Significance of the writs can be summarized across the following points:
• Wherever there is a right, there must be a remedy for it. In the absence of the provisions of writs, no one can enforce the fundamental rights granted by the Constitution or guarantee the judicial review of administrative action.
• They are powerful checks against the excesses committed by the State under article 12 of the Constitution. For example, the Supreme Court exercised Certiorari in the case of A.K Kraipak v. U.O.I, in which the selection process was quashed on the ground of bias.
• Using writs, the Judiciary has interpreted many other rights as inseparable adjuncts to fundamental rights. For example, it extended the scope of right to life in Maneka Gandhi v Union of India, 1978.
• Powers of the Supreme Court under Article 32 of the Constitution are limited only to the enforcement of fundamental rights, whereas under Article 226, High Courts can exercise such powers for any other purpose apart from the enforcement of fundamental rights. Thus, legal rights are protected through the enforcement of such writs.
• The writs also uphold the rights of foreigners/foreign companies. In Hongkong & Shanghai Banking Corporation Ltd. V/s Union of India, it was observed that, “Article 226 does not lay down any eligibility criteria based on citizenship of the seeker of the constitutional remedy”.
The importance of writs lies in creating permissible areas of exercise of power, authority and jurisdiction over administrative actions enforced by the State. Thus, writs as Constitutional remedies operate as a check and keep the administration of government within the bounds of law.