Polity (Fundamental Rights)
This Exam Covers Following Topics
- Introduction to Fundamental Rights:
- Overview and significance of Fundamental Rights in the Indian Constitution.
- Historical background and inspiration from other constitutions, particularly the Bill of Rights in the USA.
- Classification of Fundamental Rights:
- Breakdown of the six categories of Fundamental Rights as per the Indian Constitution:
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right Against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Article 32)
- Breakdown of the six categories of Fundamental Rights as per the Indian Constitution:
- Key Features of Fundamental Rights:
- Justiciability and enforceability in courts.
- Availability to citizens and certain rights available to foreigners.
- Distinction between absolute rights and those subject to reasonable restrictions.
- Judicial review and protection under Articles 32 and 226.
- Right to Equality (Articles 14-18):
- Equality before law and equal protection of laws (Article 14).
- Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15).
- Equality of opportunity in public employment (Article 16).
- Abolition of untouchability (Article 17).
- Abolition of titles except military and academic distinctions (Article 18).
- Right to Freedom (Articles 19-22):
- Six freedoms under Article 19 (freedom of speech, assembly, association, movement, residence, and profession).
- Protection in respect of conviction for offenses (Article 20).
- Protection of life and personal liberty (Article 21).
- Right to Education (Article 21A).
- Protection against arrest and detention (Article 22).
- Right Against Exploitation (Articles 23-24):
- Prohibition of trafficking in human beings and forced labor (Article 23).
- Prohibition of employment of children in factories and hazardous occupations (Article 24).
- Right to Freedom of Religion (Articles 25-28):
- Freedom of conscience and the right to profess, practice, and propagate religion (Article 25).
- Freedom to manage religious affairs (Article 26).
- Freedom from payment of taxes for promotion of any particular religion (Article 27).
- Freedom from attending religious instruction in educational institutions (Article 28).
- Cultural and Educational Rights (Articles 29-30):
- Protection of the interests of minorities (Article 29).
- Right of minorities to establish and administer educational institutions (Article 30).
- Right to Constitutional Remedies (Article 32):
- Empowerment of citizens to move the Supreme Court for enforcement of Fundamental Rights.
- Types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
- Exceptions and Limitations of Fundamental Rights:
- Circumstances under which Fundamental Rights can be suspended (e.g., during a National Emergency).
- Grounds for imposing reasonable restrictions.
- Judicial Interpretations and Landmark Cases:
- Key case laws that have expanded the scope and interpretation of Fundamental Rights, such as the Kesavananda Bharati case, Maneka Gandhi case, Olga Tellis case, and others.
- Evolution of Fundamental Rights through judicial activism and the Basic Structure Doctrine.
- Amendments and Changes Related to Fundamental Rights:
- Impact of constitutional amendments on Fundamental Rights, such as the 1st, 42nd, 44th, and 86th Amendments.
- Changes in the scope and applicability of specific rights like the Right to Property and Right to Education.
- Role of Writs in Protecting Fundamental Rights:
- Detailed analysis of different types of writs and their importance in the judicial enforcement of Fundamental Rights.
- Limitations and conditions under which each writ can be issued by the Supreme Court or High Courts.
- Fundamental Rights vs. Directive Principles of State Policy (DPSP):
- Relationship and conflicts between Fundamental Rights and DPSPs.
- Cases where DPSPs have been given priority and where they have been subordinated to Fundamental Rights.
- Doctrine of Severability and Doctrine of Eclipse:
- Principles used to resolve conflicts between laws that violate Fundamental Rights.
- Application of these doctrines in landmark cases and their significance in constitutional law.
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