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Characteristics of Fundamental Rights: Part 1
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List of the characteristics of fundamental rights given. Characteristics of fundamental rights - amendability of fundamental rights including important amendments made and justiciability of fundamental rights including the relevance of Articles 12, 13 and 32 in context of justiciability of fundamental rights explained.

Deepika Reddy Magham is teaching live on Unacademy Plus

Deepika Reddy Magham
BCA, LLB, MBA; Director, Shikara IAS Academy; 10 years experience in teaching Indian Polity, Ethics, Indian Society and Social Justice.

U
Unacademy user
sir ek problm clear krdo....confusion ho rha h bhot..
Madam, why did the act of removing the property right was not considered as the violating of the doctrine of basic structure?
because right to property is not declared a part of basic structure and the right to property as provided for under Article 31 goes against the ideals of justice and equality which are recognised as part of basic structure
Oh! The same thing you have already mentioned in a lesson but I could not connect in this way. Thank you madam, for your precious reply.
Hi Deepika, In the last lesson, it was said that "Cultural and Educational Rights" are under Articles 29 and 30. But in this lesson it's said that 86th amendment included Right to Education under Article 21A. And it's said that articles 19-22 deal with Right to Freedom. So I am a bit confused as to why was "Right to Education" not included somewhere in Articles 29 and 30? Can you please clarify? Thank you.
Hello Ma'am, thanks a lot for such crisp and clear explanation, is Right to privacy (2016) is not the amendment in constitution??
Hi shipra. The constitution has not been amended to include right to privacy as a fundamental right. so as on date right to privacy is not listed as a fundamental right in the Constitution. however supreme court has declared right to privacy as a part of right to life. therefore in application it is considered as a part of right to life as declared by the supreme court
Thank you Ma'am, does that mean, to make Right to Privacy part of constitution, the parliament will have to pass the resolution? Has the Supreme Court given any direction to Government on this?
Thank you Ma'am, does that mean, to make Right to Privacy part of constitution, the parliament will have to pass the resolution? Has the Supreme Court given any direction to Government on this?
Thank you Ma'am, does that mean, to make Right to Privacy part of constitution, the parliament will have to pass the resolution? Has the Supreme Court given any direction to Government on this?
Sorry for the re-re post, pls pardon ( internet issues)
Sorry for the re-re post, pls pardon ( internet issues)
Yes in order to include right to privacy in the Constitution directly the Parliament must amend the Constitution.
Thank you Ma'am ????
MR
very nice presentation.. easy, crisp n clear.. one doubt mam, as I told article 12 tells us who can violate a fundamental right, that means aren't the state or part of state penalized for violating the fundamental right.. or is it same to citizens too?? please clarify madam..
state can be penalized for violation Manjunath but it depends on the case.
MR
thanks for the clarification mam.. please complete entire laxmikanth.. it will be a great help to many aspirants
mam pls make course on basic structure doctrine
Ok indu
roman sir made one lesson on basic structure doctrine
  1. RIGHTS CLASS 4- CHARACTERISTICS OF FRS I M. DEEPIKA REDDY HYDERABAD


  2. CHARACTERISTICS OF FUNDAMENTAL RIGHTS 1. Justiciable 2. Amendable 3. Suspendable 4. Reasonably restricted 5. Negative obligations 6. Available to citizens and aliens


  3. 1. JUSTICIABLE IN NATURE Enforceable by Court of Law Supreme Court can be directly approached Article 12 Article 13 Article 32


  4. 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


  5. 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


  6. 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.


  7. 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.


  8. Important Amendments to Part III 44th Amendment - deletion of Right to property from the list of Fundamental Rights Constitutional


  9. 86th Amendment inclusion of Right to education as fundamental right under Article 21A Constitutional


  10. 93rd Amendment Act empowers the state to by law provide reservations to socially and economically backward classes in higher education Constitutional