Deepika Reddy Magham is teaching live on Unacademy Plus
RIGHTS CLASS 4- CHARACTERISTICS OF FRS I M. DEEPIKA REDDY HYDERABAD
CHARACTERISTICS OF FUNDAMENTAL RIGHTS 1. Justiciable 2. Amendable 3. Suspendable 4. Reasonably restricted 5. Negative obligations 6. Available to citizens and aliens
1. JUSTICIABLE IN NATURE Enforceable by Court of Law Supreme Court can be directly approached Article 12 Article 13 Article 32
Article 12 defines a State, any entity which falls under this definition can be taken to Court for violation of Fundamental Rights Includes - Union and State Legislature; Union and State Executive, Local authorities and other authorities
Article 13 states that pre-constitutional and post-constitutional laws that violate the Constitution are to be declared invalid; specifies what action can violate Fundamental Rights. Action is specified as law which includes - ordinances, by laws, notifications, orders and customs or traditions
Article 32 deals with the Writ Jurisdiction of Supreme Court; imposes a duty on the Supreme Court to take up cases of violation of Fundamental Rights and issue a writ for their enforcement.
2. AMENDABLE IN NATURE Like any other provision of the Constitution, the Parliament can amend the Fundamental Rights subject to the Doctrine of Basic Structure and therefore they are not permanent in nature.
Important Amendments to Part III 44th Amendment - deletion of Right to property from the list of Fundamental Rights Constitutional
86th Amendment inclusion of Right to education as fundamental right under Article 21A Constitutional
93rd Amendment Act empowers the state to by law provide reservations to socially and economically backward classes in higher education Constitutional