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Ui 1

Uploaded by

Aarhna Kaushik
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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22 Sections

395 articles

Article 12 - state

Article 13 – judicial review

Article 14 – equality before law

Article 15 – discrimination (special clause for women and children), allows positive discr.

Article 16 equal opportunity in public employment

Article 17 untouchability

Article 18 prohibition of titles (except for military and academic)

Article 19 fundamental freedoms

 freedom of speech and expression

o freedom of press

o Limitation: clause 2

 Right to assemble peacefully and without arms

o Limitation: Section 144 can impose curfew

 Freedom to form associations and uninons

o Limitation: clause 4

o Does not include right to strike or effective bargain

 Freedom of movement

o Limitation: Clause 5

 Freedom to reside and settle


 Freedom to practice any profession

o Limitation: clause 6

Article 20

 Clause 1: Protection against ex post facto laws.

 Clause 2: Protection against double jeopardy.

 Clause 3: Protection against self-incrimination.

Article 21: Right to Life and Personal Liberty (not applicable to people in jail)

 Right to a speedy trial.

 Right to medical aid.

 Right to a clean environment.

 Right to privacy

 Article 21A, introduced by the 86th Amendment in 2002, mandates the state to

provide free and compulsory education to children aged 6 to 14 years, reinforcing

the importance of education as a fundamental right.

Article 22 - Protection Against Arbitrary Arrest and Detention

 Clauses 1 and 2: Rights for individuals arrested under ordinary law include:

o Right to be informed of the grounds of arrest.

o Right to consult a lawyer.

o Right to be produced before a magistrate within 24 hours.

 Clauses 4 to 7: Rights for individuals under preventive detention include:

o A maximum detention period of three months without review, unless extended

by an advisory board.
o The detained individual must be informed of the grounds for detention and

allowed the opportunity to challenge it.

Article 23 – right against human trafficking and forced labour (begging is illegal)

 Clause 2: The state may impose compulsory services for public purposes (women,

children and elderly exempted)

 Forced labour:

o not limited to physical restraint but includes any work extracted from a person

under threat of penalty

o could also arise from economic necessity

o strips a person of self-respect qualifies

Article 24: Child labour

 against moral and material abandonment

 Right to childhood

 Child Labor (Prohibition and Regulation) Act.

Article 25: Freedom of conscience, the right to profess, practice, and propagate religion.

 essential practices doctrine, asserting that only those practices integral to a

religion are protected under Article 25

Article 26: Allows religious denominations the right to manage their own affairs

 Establishment and maintenance of religious institutions.

 Management of properties associated with religious practices.

 Administration of rituals, ceremonies, and customs.

 The right to self-govern in religious affairs


Article 27: Prohibits the imposition of taxes for the promotion of specific religions.

 “person” is defined broadly, including individuals, companies, associations, and

specific family structures

 atheists and agnostics

Article 28: freedom of attendance at religious instruction or worship

 Clause 1: Prohibition of Religious Instruction

 Clause 2: Exceptions for Specific Institutions

 Clause 3: Personal Freedom of Individuals

Essential Religious Practices (ERP) Test

National Commission for Minorities Act, 1992 - Muslims, Christians, Sikhs, Buddhists, Parsis, and

Jains

Article 29: minorities to protect their distinct language, script, and culture.

Article 30: right to establish and administer educational institutions of their choice.

Article 32: Supreme Court can issue directions, orders, or writs for the enforcement of

fundamental rights, the right to approach directly if one believes their fundamental rights have

been violated.

Article 226: Similarly, this article grants High Courts the power to issue writs for the enforcement

of rights conferred by the Constitution. However, it is important to note that High Courts can

exercise this power for a broader range of issues beyond just fundamental rights, including non-

observance of public duties.

Part IV-A – fundamental duties, 42nd Amendment in 1976, these duties were inspired by

the Union of Soviet Socialist Republics, 86th Amendment in 2002

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