==Page 1==
Dual Citizenship in India:
* In the 1990s, during P.V. Narasimha Rao's tenure, economic reforms were introduced, and in that context, dual citizenship was facilitated in our country.
* In 2003, amendments were made to the Indian Citizenship Act, granting dual citizenship to Non-Resident Indians (NRIs) residing in 16 countries.
* If, within three generations of a person, someone on either the maternal or paternal side (including grandparents) has held an Indian passport at any time, then Indian citizenship is granted.
* Those seeking citizenship in this way should not have held Pakistani or Bangladeshi citizenship at any point before.
* Individuals obtaining citizenship through this method are classified into two categories:
(a) OCI (Overseas Citizens of India):
* Those seeking citizenship through this method must pay 275 dollars and obtain an OCI card.
* There is no time limit for their stay in India. They can be permanent residents.
* There is no need to renew the card.
(b) PIO (Person of Indian Origin):
* Adult NRIs seeking this card must pay 15,000 rupees, and children must pay 7,500 rupees.
* They can reside permanently in India for a specified period of 15 years.
* The card must be renewed every 6 months.
*** Dual citizenship granted to NRIs is not complete, meaning that it only provides rights related to business, property, divorce, and permanent residence.
* NRIs are not granted political rights. NRIs granted citizenship under this scheme should belong to the following countries:
: America, Australia, Britain, Canada, Cyprus, France, Greece, Italy, Israel, Portugal, Sweden, Netherlands, Finland, Ireland, New Zealand, Switzerland, etc.
==Page 2==
* The day Mahatma Gandhi returned to India from South Africa, January 9th, is being observed as "Pravasi Bharatiya Divas" (Non-Resident Indian Day) since 2004.
3rd Part: Fundamental Rights
[12-35 Articles]
* Rights were incorporated, influenced by the "Bill of Rights" in the American Constitution.
* Right means opportunity, authority, and possession.
* "Social opportunities provided for living at a high level based on the inherent energies embedded within an individual are 'rights'" - H.J. Laski.
* "Demands made by reason, recognized by the state, are rights" - Garner.
* The first document in the world to grant rights to the people in written form is the "Magna Carta".
* King John Edward-I of Britain issued the 'Magna Carta' in 1215.
* After the Bloodless Revolution, the declaration of rights made by the British Parliament in 1689 recognized the political and civil rights of the people.
* In 1776, during the American Declaration of Independence, Thomas Jefferson stated that humans born with freedoms would continue to live with those same freedoms, which is a milestone in the charter of rights.
* In 1789, the French Revolution gave rise to the slogans of liberty, equality, and fraternity, which were incorporated in the form of rights in all the constitutions of the world.
* In 1917, the constitution formed after the Russian Revolution, providing social, political, and economic justice to all people, became a model for many constitutions, including ours.
* On December 10, 1948, the Universal Declaration of Human Rights by the United Nations is another milestone in the history of the rights of the people of the world.
* In India, in 1904, the National Congress meeting passed a resolution on people's rights for the first time.
* In 1925, Mrs. Annie Besant introduced the "Commonwealth of India" bill, demanding that Indians should also be granted permanent rights like the people of Ireland.
* In 1928, the Nehru Report of 1945 stated that any future constitution should include fundamental rights, and that rights should be designed to protect the interests of all sections of the people.
* In 1945, the committee of Indian intellectuals, headed by Sir Tej Bahadur Sapru, stated that fundamental rights should be the basis for the 'Indian Constitution' to be formed in the future.
==Page 3==
* The number of fundamental rights when the Constitution came into force in 1950 was 7.
* Currently, the number of fundamental rights in the Constitution is 6.
* In 1978, during the Janata government, the right to property was removed from the list of fundamental rights by the 44th Constitutional Amendment.
* Currently, the right to property is a legal right under Article 300A.
* Article 31 was removed by removing the right to property.
Article 12:
* Defines the term "State" in relation to India.
* States that the central government, state governments, and other authorities are part of the state.
* The Constitution does not provide a clear definition of "other authorities."
* The Supreme Court and High Courts, while hearing various cases, have tried to define the state.
* Ajay Hasia Vs Khalid Mujib:
* The Supreme Court bench headed by Justice P.M. Bhagwati gave a judgment that clarified the definition of the state.
Institutions within the purview of the State:
(a) Institutions established by the Constitution;
(b) Institutions established by law;
(c) Institutions that can issue official orders;
(d) Institutions that can formulate statutes and laws;
(e) Institutions that can levy taxes;
(f) Institutions run by government revenue;
(g) Institutions where a major part of the management is borne by the government itself.
Institutions not within the purview of the State:
(a) Voluntary organizations established by the Cooperative Societies Act;
(b) Organizations established by the Societies Act;
(c) Organizations that meet their own management expenses;
(d) Organizations that are not officially formed and do not have the authority to issue orders.
* The Supreme Court, based on its judgments in various cases, has included the following in the state:
(a) LIC of India;
(b) Rajasthan Electricity Board;
(c) Delhi Transport Corporation;
(d) Universities;
(e) District Planning Board;
==Page 4==
* Individuals can approach the courts when their rights are violated or for the enforcement of rights.
* The courts issue orders to the government and authorities for the enforcement of rights.
* Courts can issue these orders only to governments and authorities, not to private individuals.
Article 13:
* States that any laws or parts of laws in force in India at the time of the commencement of the Constitution are void if they are inconsistent with fundamental rights.
* In the case of Mithu Vs State of Punjab, the Supreme Court declared Section 303 of the IPC unconstitutional as it was against equality.
* The central government removed Section 303 from the IPC based on the Supreme Court's judgment.
* Any laws made by the Parliament of India or state legislatures after the Constitution came into force, in whole or in part, are void if they are inconsistent with fundamental rights.
* Section 4 of the P.D. Act (Preventive Detention Act), introduced in 1950, was declared void by the Supreme Court in the A.K. Gopalan case as it was against the power of judicial review.
* This Article gives the power of judicial review to the Indian judiciary.
* In 1951, in the Sankari Prasad Vs Union of India case, the Supreme Court ruled that constitutional amendments, like ordinary laws, should not be subject to judicial review.
* In the Sajjan Singh Vs State of Rajasthan case, the Supreme Court ruled that constitutional amendments are not subject to judicial review.
* In the Golaknath case in 1967, the Supreme Court ruled that Parliament does not have the power to amend fundamental rights and that constitutional amendments are also subject to judicial review.
* In the Kesavananda Bharati case in 1973, the Supreme Court ruled that constitutional amendments that are against the basic structure of the Constitution are void, and the Supreme Court has the power to declare them void.
==Page 5==
1. Right to Equality (Articles 14-19):
* This right is a modern right.
* This right was formulated based on the rule of law in Britain.
* The British rule of law was adopted from A.V. Dicey's book "The Law of the Constitution."
* 'Rule of law' means that all are equal before the law.
Article 14:
* The law shall not deny equality to any person on the grounds of caste, religion, class, gender, or place of birth.
* The concept that 'all are equal before the law' has a negative connotation.
* India adopted this concept from Britain.
* 'Equal protection of the laws' has a positive connotation.
* India adopted this concept from America.
* In the Chiranjit Lal Vs Union of India case, the Supreme Court ruled that equality is enforced only among equals.
* In the Ramesh Thapar Vs Union of India case, the Supreme Court ruled that equality applies only among equals, and there is no possibility of using it to make unequals equal.
Exemptions:
* Ambassadors, diplomats, foreign representatives.
* According to Article 361, the President of India and the Governor have special exemptions.
Article 15
* The law shall not discriminate against any person on the grounds of caste, religion, class, creed, gender, or place of birth.
* Discrimination against any person in public places on the above-mentioned grounds is prohibited.
* Special provisions made for women and children under Article 15(3) should not be considered discrimination.
* Special opportunities provided for SCs and STs in educational institutions under Article 15(4) should not be considered discrimination.
* [In 1951, through the first constitutional amendment, these provisions were added to give constitutional validity to reservations.]
* Article 15(5): Reservations for OBCs in higher educational institutions and professional institutions.
* [This provision was added to the Constitution by the 93rd Constitutional Amendment in 2005.]
* Discrimination practiced in India is called "Protective Discrimination."
==Page 6==
* In certain special circumstances, such as those suffering from contagious diseases and chronic illnesses, governments may impose restrictions.
* [In the Champakam Dorairajan Vs State of Madras case, the Supreme Court ruled that reservations are unconstitutional, and this led to the changes.]
Article 16:
* The law shall not deny equal opportunities to any person on the grounds of caste, religion, class, gender, place of birth, descent, and lineage.
* Special provisions made in Union Territories, Jammu and Kashmir, and states like Andhra Pradesh, Maharashtra, Gujarat, Assam, Meghalaya, and Mizoram under Article 371 and Article 16(3) should not be considered a violation of equal opportunities.
* Article 16(4): Reservations provided for backward classes in employment should not be considered a violation of equal opportunities.
* Article 16(4A): Reservations in promotions for employees are also not unconstitutional.
* Reservations in promotions were implemented based on the 77th Amendment.
Article 17:
* This Article was included to eliminate the discrimination shown to certain sections of the people in Indian society in the name of untouchability.
* [Untouchability is prohibited. Practicing it is a crime.]
* This is a positive right.
* The Untouchability Offences Act was enacted in 1955.
* Based on the judgment of the Karnataka High Court in 1976, the name of the Untouchability Offences Act was changed to the "Protection of Civil Rights Act - 1976."
* Those who violate this law can be imprisoned for 2 months to 2 years.
* Those who are punished under this law are disqualified from contesting elections.
Article 18:
* Titles and honors traditionally given to some people in India have been abolished.
* Both domestic and foreign titles were abolished.
* Titles like Raj Bahadur, Rao Bahadur, Raj Gaur, Singh Bahadur, and Deshpande were abolished.
* Foreigners working in any positions in India must obtain the permission of the President before accepting titles given by other countries.
==Page 7==
* Doctorates in education, and military-related awards like Shaurya Chakra, Param Vir Chakra, and Maha Vir Chakra are exempt.
* In 1954, the Government of India introduced awards like Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri.
* The first recipient of the 'Bharat Ratna' award was C. Rajagopalachari.
* Based on the judgment of the Madhya Pradesh High Court, the Janata government abolished these awards in 1977.
* In 1980, the Indira Gandhi government reinstated the Bharat Ratna and Padma awards.
* In the Balaji Raghavan Vs Union of India case, the Supreme Court ruled in 1996 that Bharat Ratna and 'Padma' awards are recognitions, not titles.
* It was ruled that the awards should not be used as prefixes or suffixes to names.
2. Right to Freedom (Articles 19-22):
* The environment in which an individual has the opportunity to achieve their full potential is freedom - H.J. Laski.
* Freedom is the opportunity for every individual to act as they please without hindering the freedom of others - Herbert Spencer.
* Justice Sikri described the right to freedom as the 'soul of our constitution'.
Article 19:
* Grants seven freedoms to Indian citizens.
* The 44th Constitutional Amendment in 1978 removed the provision of acquiring, holding, and disposing of property from Article 19, so currently, only '6' provisions are available.
* 19(1a): Freedom of speech and expression.
* 19(1b): Freedom to assemble peacefully and without arms.
* 19(1c): Freedom to form associations and unions.
* 19(1d): Freedom of movement.
* 19(1e): Freedom of residence.
* 19(1f): [Removed - Right to property]
* 19(1g): Freedom of profession.
==Page 8==
* In 1951, through the first constitutional amendment, Part 2 was added to Article 19, allowing governments to impose reasonable restrictions on the freedom of speech and expression of individuals in the following circumstances:
* 19(2a): Should not challenge the sovereignty of the country.
* 19(2b): Should not endanger the unity and integrity of the country.
* 19(2c): Should not disturb public order.
* 19(2d): Should not be used in a way that damages India's friendly relations with other countries.
* 19(2e): Public decency.
* 19(2f): Should not defame others.
* 19(2g): Should not be used to commit contempt of court.
* (Meaning you shouldn't speak about cases in court while they are in progress)
* Governments impose these restrictions legally through reasonable restrictions.
* Courts review the reasonableness of the restrictions imposed by governments.
* Freedom of Speech and Expression:
* This freedom is necessary for an individual to express themselves.
* It is necessary to ascertain the truth.
* This freedom is essential for social change.
* To gain higher knowledge.
* Individuals need this freedom to communicate their thoughts to others and to understand the thoughts of others.
* Means of expressing thoughts: Radio, TV, cinema, pamphlets, meetings, gatherings, platforms, websites, etc.
* The Indian Constitution does not recognize freedom of the press as a fundamental right. But, freedom of the press is being exercised within the freedom of expression provided by Article 19(1a).
*In 2002, the Supreme Court ruled in the Naveen Jindal case that ordinary citizens can also hoist the national flag as part of their freedom of expression.
==Page 9==
* In the Brij Bhushan Vs Delhi Police Commissioner case, the Supreme Court ruled that pre-censorship of newspapers is not allowed, meaning that there is no need to submit them to the police for scrutiny.
* In the Khalid Abbas Vs Union of India case, the Supreme Court ruled that the government has the power to pre-censor films, as films can incite emotions, and therefore, censorship is not wrong.
* In the Bennett Coleman Vs Union of India case, the Supreme Court ruled that cutting subsidies for newsprint provided to newspapers amounts to restricting freedom of the press.
* The play written by Maharashtrian Pradeep Dalvi, "My Nathuram Godse Boltai," was banned by the government as it contained content that could disrupt unity.
* There is a debate that the Right to Information Act, introduced in 2005, should also be included in fundamental rights.
* Freedom to Assemble Peacefully and Without Arms - 19(1b):
* Individuals can hold meetings and gatherings peacefully without any weapons for their self-expression.
* Bandhs, strikes, demonstrations, and meetings are used as tools for expressing thoughts.
* Sikhs can carry kirpans (swords) in meetings and gatherings.
* The government may impose restrictions when there is a threat to public order, national unity and integrity, and when violence is likely to be incited.
* The Supreme Court upheld the Kerala High Court's judgment in the Bharat Kumar Vs CPI(M) case, declaring bandhs unconstitutional.
* In the T.K. Rangarajan Vs Tamil Nadu state government case, the Supreme Court ruled that the right to strike is not a fundamental right, and government employees cannot claim the right to strike as a fundamental right.
* The Delhi High Court declared the strike by doctors unconstitutional.
* The Calcutta High Court declared demonstrations illegal as they disrupt traffic and hinder the freedom of others.
* Freedom to Form Associations and Unions - 19(1c):
* Every individual can establish associations and unions for their all-round development, for achieving excellence, and for receiving adequate support in social, economic, political, and cultural spheres.
* The government can impose restrictions on organizations that threaten public order and national unity.
* The government has banned organizations like the Maoists, Jaish-e-Mohammed, and Lashkar-e-Taiba.
==Page 10==
* Freedom of Movement - 19(1d):
* Any person in the country can move freely in any part.
* Restrictions may be imposed by the government when there is a threat to public order, the possibility of violence, or for the protection of specific areas and groups.
* Example: Imposing Section 144, imposing curfews, and issuing prohibitory orders.
* In 1990, the High Court upheld the stopping of L.K. Advani's Rath Yatra in Bihar by the government (Lalu Prasad Yadav).
* Restrictions may be imposed on this provision in Jammu and Kashmir, North-Eastern states, and other special areas.
* Freedom of Residence- 19(e):
* Indian Citizens can settle down anywhere in the country permanently.
* Government may impose restrictions on the right to freedom of settling down in J&K, NE states, and certain specific areas.
Example: 1/70 Act (first act brought in 1990), and restrictions can be put on agency areas.
* Freedom of Profession - 19(g):
* Individuals have the freedom and liberty to choose the professions they like, in order to earn their living, and do trade.
* It should not hamper moral level of a person, and should not violate social values.
* Governments can ban professions that violate a person's morality and social values.
* Example: Jogini and Devadasi systems were abolished.
Article 20:
* This is intended to protect personal liberty from illegal detention.
* (a) No person shall be punished unless the act is proven to be a crime.
* (b) A person should be punished only if the act was a crime at the time of prosecution.
* (c) A person should be punished only once for a crime. "Double Jeopardy," meaning two types of punishments, should not be imposed.
* A person should be punished only according to the laws in force.
* Ex post facto laws should not be used.
* (d) A person should not be compelled to be a witness against himself.
Article 21: Right to Life:
* A person's liberty and life can only be taken away according to the procedure established by law.
* The concept of 'procedure established by law' was adopted from Japan.
* This concept is also used in Britain and Ireland.
==Page 11==
* The President cannot suspend this Article when a state of national emergency is declared in the country.
* This Article recognizes the right to life.
* The method of not suspending the right to life during a national emergency was adopted by our country from Japan.
* In 2002, through the 86th Constitutional Amendment, primary education was made a fundamental right and Article 21A was added to the Indian Constitution.
* Article 21A states that all children between the ages of [6-14] years should receive compulsory primary education.
* In 1950, the P.D. Act was introduced, imposing restrictions on personal liberty.
* A.K. Gopalan Vs State of Madras challenged the provisions of the P.D. Act.
* In the A.K. Gopalan case, the Supreme Court expressed its opinion on the following issues through its judgment:
1. The P.D. Act, which imposes restrictions on personal liberty, is not unconstitutional.
2. The arrest of Gopalan under the P.D. Act is not illegal.
3. The principle of natural justice should not be applied in this case.
4. The concept of 'procedure established by law' was applied to this case.
5. There is no inseparable relationship between Articles 14, 19, and 21, meaning they should be considered separately.
6. The provision in the P.D. Act that a challenge cannot be made in court is void.
* Maneka Gandhi Vs Union of India, 1978:
* In 1950, the Supreme Court revised its judgment in the A.K. Gopalan case.
* In this case, the Supreme Court used the Due Process of Law (legislative procedure) practiced in America.
* It subjected not only the actions of the executive branch but also the legislative process to judicial review.
* The principle of natural justice was applied in this case.
* It was held that there is an inseparable relationship between Articles 14, 19, and 21, and thereby the completeness of personal liberty is achieved.
* In this case, the Supreme Court expanded the scope of fundamental rights.
* It stated that Article 21 implicitly contains up to 21 fundamental rights, even though they are not physically mentioned in the Constitution.
* Some implied rights include freedom of the press, freedom of information, getting adequate livelihood, primary education, clean drinking water, protection from environmental pollution, etc.
==Page 12==
* Protection from authoritarian laws, leading a peaceful life, protection from handcuffs, etc.
* In the Bachan Singh Vs Punjab State Government case, the Supreme Court ruled that the death penalty is not a violation of fundamental rights, and it is implemented legally in the protection of the law.
* In the T.V. Vatheeswaran Vs Union of India case, the Supreme Court ruled that the death penalty is not unconstitutional and should be used only as the "rarest of rare cases."
* In the P. Rathinam Vs State of Maharashtra case, the Supreme Court ruled that the right to life also includes the right to die voluntarily, recognizing it as a fundamental right.
* In the J. Venkatesh Vs State of AP case, it was stated that the right to die is not a fundamental right, revising the judgment in the Rathinam case.
Article 22 - Preventive Detention Laws:
* This Article was included to protect individuals from illegal detention.
* No person should be detained unless they have violated the law.
* A person who is arrested must be produced before the nearest court within 24 hours.
* The reasons for the arrest must be disclosed.
* The person should be given the opportunity to defend themselves and consult a lawyer.
* The above provisions do not apply to enemy aliens and those arrested under the P.D. Act.
* The arrest of a person is mainly of two types:
1. Punitive Detention - Detaining a person after a trial by a court and based on the court's order.
2. Preventive Detention - Arresting individuals in advance as a precautionary measure or on suspicion that a crime might be committed.
* Since 1950, various P.D. Acts have been introduced in our country.
* Ex: P.D. Act, MISA, ESMA, NASA, TADA, POTA, UAPA, etc.
* P.D.A - Preventive Detention Act, 1950
* MISA - Maintenance of Internal Security Act, 1971
* ESMA -
* NASA - National Security Act, 1980
* TADA - Terrorism Anti Destructive Act, 1985
* POTA - Prevention of Terrorism Act, 2002
* UAPA - Unlawful
==Page 13==
3. Right Against Exploitation [Articles 23, 24]
* These articles have been added in the constitution of India considering the feudal system prevalent across globe as well as in india.
* This right was included in the Constitution by the Constitution makers to prohibit all forms of exploitation, such as forced labor, bonded labor, prostitution, and illegal trafficking of human beings, as they allow one person to exploit another and one group to exploit another.
Article 23:
* Forcing any person to work is prohibited.
* Working without any remuneration also comes under exploitation, and therefore, it is also prohibited.
* Sales, and purchases of human are prohibited.
* [Soldiers working in the army are an exception to the above provision.]
Article 24
* Children below 14 years cannot be employed in mines, production units of explosive materials.
* The above two articles are positive in nature among Fundamental rights.
* To implement these rights, following laws are implemented:
1. Rights of Children act, 1938.
2. Factories Act, 1948.
3. Shipping Act, 1955.
4. Prevention of Immoral trafficking of persons Act, 1956.
5. Minimum Wages Act, 1976
6. Equal Remuneration Act, 1976.
7. Prevention of Immoral trafficking of Women and children act, 1986.
8. The child labour (prohibition and regulation ) Act, 1986.
9. Protection of women from Domestic violence Act, 2006.
* PUCL vs union of India the supreme court directed to extend Minimum wages Act.
* Ranjeetha vs Rajasthan state government case, S.C also extended Minimum wages Act to the labourers under food for work scheme.
==Page 14==
* In the M.C. Mehta Vs State of Tamil Nadu case, the Supreme Court directed that the fines imposed on employers who employ child laborers should be used for the welfare of the children, and a separate fund should be established for this purpose.
* In 2000, the Expert Committee on Children's Rights, headed by Justice P.R. Krishna Iyer, made several recommendations for the protection of child laborers' rights.
* In 2004, the Parliamentary Committee headed by M.S. Gurupadaswamy made recommendations for the protection of child laborers' rights.
* In 2006, the Delhi High Court ruled that physically punishing students in schools also comes under exploitation.
4. Right to Freedom of Religion (Articles 25-28):
* The government should maintain an equal attitude towards all religions.
Article 25:
* Every individual can adopt, practice, and develop the religion they like. They can develop according to the dictates of their conscience.
* The government can intervene in matters of morality, health, and conflict situations.
* Governments can make special laws for the entry of lower classes of people into places of worship.
* In India, Hindus include Sikhs, Jains, and Buddhists.
* The government can make laws regarding the freedom of Sikhs to carry weapons (kirpans) according to their religious practices.
* The government has the power to impose restrictions on the propagation of religion for the sake of public order.
* In 1974, in the Stanislaus vs Madhya Pradesh state government case, the S.C ruled the law made to prohibit conversions by the Madhya Pradesh government is not against the fundamental rights.
==Page 15==
* In 1992, the West Bengal government banned the use of loudspeakers for propagation from places of worship, and the Calcutta High Court upheld this.
* In 1994, the Gujarat High Court upheld the government's demolition of places of worship that obstructed roads for road widening.
* In 1997, the Supreme Court upheld the Gujarat High Court's judgment, stating that while ordinary places of worship can be demolished, structures with historical and cultural significance should not be demolished.
* In the Ismail Farooqui Vs Union of India case, the Supreme Court upheld the central government's acquisition of the disputed land related to the Ram Janmabhoomi and Babri Masjid in 1993.
* In the Indian Atheist Society Vs State of AP case, the AP High Court ruled that practices followed during foundation laying and inaugurations are not against secularism.
* In 2006, the Supreme Court upheld the Tamil Nadu state government's ban on the use of loudspeakers for religious propagation, stating that the ban is not against fundamental rights.
Article 26:
* Religious institutions can be established and maintained for the development of religion.
* There are no taxes on the funds collected by religious institutions.
* There is also no auditing of the expenses incurred by religious institutions.
* Governments can intervene in the public interest to prevent conflicts that arise when there are irregularities in religious institutions.
* Example: The Maharashtra government taking over the Shirdi संस्थान, and making laws for the proper management of Tirumala lands in Andhra Pradesh.
Article 27:
* Taxes cannot be collected from any person for religious purposes.
* Taxes cannot be levied for the development of a particular religion.
* There is no possibility of collecting taxes like 'Jizya' that were collected during Aurangzeb's time.
* If the government provides special services such as transportation and electricity during any religious activities and festivals, it can collect appropriate remuneration.
Article 28:
* Religious instruction should not be given in government-run institutions.
* In government-aided institutions, forced instruction is prohibited.
* Religious instruction can be given in private institutions.
* Spiritual institutions established with a special purpose, even if they receive government aid, can provide instruction, such as Veda Pathshalas (Vedic schools).
==Page 16==
5. Cultural and Educational Rights (Articles 29, 30):
* This right was added to the Constitution considering the diverse conditions in India, such as languages, religions, and cultures.
Article 29:
* People residing in any part of India can protect and develop their language, script, and culture.
* No person shall be denied admission to government educational institutions on the grounds of caste, religion, class, gender, language, or culture.
Article 30:
* People of any language or religion can establish and administer educational institutions to protect their languages, scripts, and cultures.
* The government should not show any discrimination in granting permission to educational institutions or in providing financial assistance.
* This article provides an opportunity for the establishment of minority educational institutions in our country.
* The Indian Constitution does not provide any definition of minorities.
* Legally, religious and linguistic minorities are recognized in our country.
* When recognizing religious minorities, the entire country is considered as a unit, while for linguistic minorities, the state is considered as a unit.
* In the A. Saints School Vs State of AP case, the Supreme Court ruled that governments should not interfere in the affairs of minority educational institutions.
* In the Frank Anthony Vs Delhi Education Dept. case, the Supreme Court ruled that if the norms of payment of the salaries is not followed by the educational institutions, then government can intervene.
* In St. Xavier's College vs Gujarat State government, the supreme court ruled that minority institutions have freedom to select the teaching and non teaching staff.
* In 2003, In T.M.A Pai foundation vs Karnataka State Government case, S.C gave a historical judgement on Minorities educational institutions, and laid down guidelines as when government can intervene and when it cannot.
(a) Situations where the government cannot intervene:
- Management.
- Staff selection.
==Page 17==
- Regarding the schedule of admissions.
- Fee structure.
- Conducting special entrance examinations.
(b) Situations where the government can intervene:
- To protect and improve educational standards.
- When government rules and regulations are violated.
- When there are irregularities in the administration.
- When facilities are not provided according to the standards prescribed by the government.
- When the organization is involved in illegal activities.
6. Right to Constitutional Remedies (Article 32):
* This right is like a guarantee for fundamental rights.
* The Constitution has given the responsibility of protecting fundamental rights to the Supreme Court and High Courts.
* This right was included in the Indian Constitution to protect people's fundamental rights from the authoritarian policies of governments and the abuse of power.
* "This right is the soul and heart of the Indian Constitution" - Dr. B.R. Ambedkar.
* According to 32(1), any citizen can approach the higher courts, S.C & H.C., for the enforcement of fundamental rights when their rights are violated.
* 32(2): Higher courts issue writs (orders) for the protection and enforcement of fundamental rights.
* 32(3): Parliament has the power to impose restrictions on the power to issue writs.
* 32(4): The power to issue writs cannot be restricted except legally.
* Only the S.C. and H.C. have the power to issue writs.
* The practice of issuing writs was adopted from Britain.
* The Supreme Court under Article 32 and the High Courts under Article 226 can issue 5 types of writs.
(a) Habeas Corpus:
* This writ is called "produce the body" or "to have the body."
* The higher courts issue this writ to determine whether a person's arrest is legal or not.
==Page 18==
* According to this, the arrested person must be produced before the nearest court within 24 hours.
* The reason for the arrest must be disclosed.
* The arrested person should be given the opportunity to present their case.
* This writ is issued to government officials.
* This writ cannot be issued to the President of India, Governors, private individuals, and foreigners.
(b) Mandamus:
* "We command" or "We are ordering."
* This writ is issued to a government official or an authority, ordering them to "perform your duty properly."
* This writ can be issued to lower courts, authorities.
* This writ cannot be issued to the President, Governors, private individuals, and foreigners.
(c) Prohibition:
* Higher courts issue this writ to lower courts or tribunals, ordering them to immediately stop the proceedings of cases.
* The reason for higher courts issuing this writ is that the lower courts do not have the jurisdiction to hear the case or there are technical reasons.
(d) Certiorari:
* This writ is usually issued along with prohibition.
* It orders the lower courts or tribunals to immediately stop the proceedings of cases and transfer the case to themselves or another court.
Example: transfering Best bakery case, Gujrat to Mumbai upon request of Zaheera Sheik.
==Page 19==
(e). Quo Warranto:
"At what Authority" or what is your authority".
This writ is used to ask a person holding public office illegally, "By what authority are you holding office?
Injunction:
Courts issue this in Civil cases.
This is done to maintain status-quo.
Public Interest Litigations (PILs):Public Interest Litigation is a recent and prominent development in the protection of fundamental rights.
PILs originated in America.
They gained popularity in India during Justice P.N. Bhagwati's tenure (1980s).
Other judge who helped PILs in India: Justice V. R. Krishna Iyer
Justice Bhagwati, regarding PIL said he was influenced by Australia.
The main purpose of PILs is the protection of public interests and fundamental rights that involve collective interests.
There is no mention of these in the Constitution.
Courts, in charge of protecting fundamental rights have adopted PIL as tool.
By issuing PILs, the judiciary is playing an active role in the country.
Courts along with PILs also involve SILs - Socially Interest Litigation Cases.
SC, after Delhi citizens protested ordered government to provided accomodation to people living on roads.
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PIL or SIL is not issued for personal interests. It is issued only for collective interests.
For issuing a PIL it is not necessary that only those affected need to complain, others can also approach courts.
While issuing PIL or SIL, courts can take cases on their own "Suo-moto"
In Patna civil society PIL, supreme court made mandate for candidates to submit personal details to returning officer in affidavit form.
Based on D. K. Basu PIL, India implemented reforms in police department.
If PIL is filed for personal gain or publicity, or time of court is wasted, court can take actions.
In a PIL for removal of word "Sindh", Sanjeev Bhatnagar was fined with 10000 rupees.
[Nature of Fundamental Rights]
Article 33:
* Military personnel
* Members working in secret agencies,
* Members working in communications related to security,
*
For those who are in the protection of law and order, the extent to
which the fundamental rights in the Constitution apply will be decided
by the Indian Parliament.
Article 34:
The extent to which fundamental rights apply in areas where martial law is in force is decided by the Indian Parliament.
All kinds of fundamental rights are not applicable in these areas. Because there is a possibility of imposing restrictions on rights in those areas.
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