Polity (Fundamental Rights)

This Exam Covers Following Topics

  1. 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.
  2. 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)
  3. 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.
  4. 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).
  5. 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).
  6. 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).
  7. 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).
  8. 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).
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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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