Fundamental Rights Part:-1 BY KESHAV BHARDWAJ
B. Tech ECE Defence Aspirant Reshaping the world by educating YOUT Passionate teacher and traveller Cracked Defence Exams like AFCAT etc & faced SSB conference
Part III of the Constitution from Articles 12 to 35. The Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA. (inspired from AMERICAN CONSTITUTION) Inalienable rights Cornerstone & Magna carta Prevent the establishment of an authoritarian The FRs are named so because they are guaranteed( without any discrimination) and protected by the Constitution, which is the fundamental law of the land. Essential for the all-round development ART 17 24 are the absolute rights with no restriction. Well being SC, ST & OBC , women , children/ maintaining rin with foreign nations/ security of India.
Art 12 :- DEFINITION OF STATE Govt and Parliament of India, that is, executive and legislative organs of the Union government. Govt and legislature of states, that is, executive and legislative organs of state government. All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc. All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc. A private body or an agency working as an instrument of the State.
Article 13 Definition of Law Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. In other words, it expressively provides for the doctrine of judicial review. Art 32 SC &Art 226 HC Permanent laws enacted by the Parliament or the state legislatures; Temporary laws like ordinances issued by the president or the state governors; Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and Non-legislative sources of law, that is, custom or usage having the force of law. CAB is not a law and hence cannot be challenged Kesavananda Bharati case (1973) Constitutional amendment can be challenged on the ground that it violates a fundamental right(FR)
Rights provided to citizen but not to aliens Art 15, 16,19, 29 & 30. Art 326 Right to vote , contest elections and hold public office. Art 14, 20, 21,21A, 22, 23, 24,25, 26,27 & 28 (aliens). Art 20 & 21 During National emergency
RIGHT TO EQUALITY Equality before Law and Equal Protection of Laws Equality before law' is of British origin , element of the concept of Rule of Law "Basic feature' of the constitution. No person (whether rich or poor, high or low, official or non-official) is above the law. Equal protection of laws' has been taken from the Americarn Constitution. The equality of treatment under equal circumstances The like should be treated alike without any discrimination. There can be discrimination btw group , but not within groups State can make certain discriminations in favour of those who are less privileged
Exceptions to Equality President of India and the Governor of States enjoy the following immunities (Article 361) not answerable to any court for the exercise and performance of the powers and duties of his office. No criminal proceedings & No civil proceedings No process for the arrest or imprisonment
Art 15 :- Prohibition of Discrimination on Certain Grounds State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth Only for citizen of India Art 15(3) state has power to make special provisions for the protection of women & children Art 15(4) 1ST CAAenable state interest of backward classes special provisions protection and Art 15(5) 93rd Amendment Act of 2005 providing a quota of 27% for candidates belonging to the Other Backward Classes (OBCs) in all central higher educational institutions
Art 16 :- Equality of Opportunity in Public Employment No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth or residence. Only for citizen of India Parliament can prescribe residence as a condition for certain employment The State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in the state services.
Art 17- Abolition of Untouchability abolishes 'untouchability' and forbids its practice in any form The Untouchability (Offences) Act, 1955 >1976 Art 18Abolition of Titles Prohibits the state from conferring any title (except a military or academic distinction) on any body, whether a citizen or a foreigner. Hereditary titles of nobility like Maharaja, Raj Bahadur, Rai Bahadur, Rai Saheb, Dewan Bahadur, etc, Prohibits a citizen of India from accepting any title from any foreign state. A foreigner holding any office of profit or trust under the state cannot accept any title , any present, emolument or office from any foreign state without the consent of the president. National Awards-Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Sri. It ruled that these awards do not amount to 'titles Should not be used as suffixes or prefixes to the names of awardees
I am graduate in B.Tech in ECE . I have cleared various. defence exam like UPSC CDS and AFCAT. My students cleared exam like CPO, AFCAT, CDS