Fundamental Rights and Judicial Review in India
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Fundamental Rights and Judicial Review in India

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Questions and Answers

Which characteristic of Fundamental Rights indicates that these rights are not fully guaranteed at all times?

  • They can be suspended during national emergency. (correct)
  • They ensure limited government.
  • They are enforceable against the State.
  • They are individual rights.

    • What does the Rule of Severability ensure regarding parts of a law that are inconsistent with Fundamental Rights?

  • Inconsistencies are ignored if the law is important.
  • The entire law becomes invalid.
  • Only the valid parts remain enforceable. (correct)
  • All parts of the law are automatically void.

    • Which of the following statements about the doctrine of eclipse is accurate?

  • It states that an eclipsed law remains alive but unenforceable. (correct)
  • It renders all laws consistent with Fundamental Rights void.
  • It declares a law invalid if it is eclipsed.
  • It allows individuals to challenge all laws freely.

    • Under what circumstance can Fundamental Rights be considered non-permanent in nature?

    <p>They can be suspended during a national emergency.</p> Signup and view all the answers

    What best describes the negative obligations of the State concerning Fundamental Rights?

    <p>The State must refrain from interfering with individual rights.</p> Signup and view all the answers

    What is a key implication of the statement that Fundamental Rights are restricted rights?

    <p>Unrestricted rights can lead to chaos and anarchy.</p> Signup and view all the answers

    According to the definitions provided, which entities are included in the term 'State' as per Article 12?

    <p>The Government, Parliament, and all local authorities under Indian control.</p> Signup and view all the answers

    Which article prevents the State from making laws that take away or abridge Fundamental Rights?

    <p>Article 13(1)</p> Signup and view all the answers

    What is the significance of the 44th Amendment Act regarding Article 31?

    <p>It introduced Article 300-A, providing a legal basis for property deprivation.</p> Signup and view all the answers

    Which of the following articles provides for the freedom of trade and commerce?

    <p>Article 301</p> Signup and view all the answers

    In which case did the Court assert that the doctrine can extend to post-Constitutional laws?

    <p>Shri Ambika Mills vs State of Gujarat</p> Signup and view all the answers

    Under which article can individuals approach the High Courts regarding property deprivation?

    <p>Article 226</p> Signup and view all the answers

    What was the purpose of removing Article 31 from Fundamental Rights?

    <p>To balance individual property rights with government powers.</p> Signup and view all the answers

    What does Article 326 state regarding voting rights?

    <p>Every citizen over the age of eighteen can be registered as a voter.</p> Signup and view all the answers

    Which act replaced the Land Acquisition Act of 1894?

    <p>Land Acquisition Act, 2013</p> Signup and view all the answers

    Which of the following rights are considered Constitutional Rights and not directly enforceable to the Supreme Court?

    <p>Rights under Article 300-A.</p> Signup and view all the answers

    What was the significant outcome of Shankari Prasad vs Union of India (1952)?

    <p>Parliament can amend Fundamental Rights without any limitations.</p> Signup and view all the answers

    Which case determined that Fundamental Rights hold a 'transcendental position'?

    <p>Golaknath vs.State of Punjab (1967)</p> Signup and view all the answers

    What did the 24th Amendment Act achieved in 1971?

    <p>It enabled Parliament to amend Part III of the Constitution.</p> Signup and view all the answers

    What was the major ruling in the Kesavananda Bharati vs State of Kerala case (1973)?

    <p>Amendments cannot affect the basic features of the Constitution.</p> Signup and view all the answers

    Which Amendment Act stated that there is nothing called 'Basic Structure'?

    <p>42nd Amendment Act</p> Signup and view all the answers

    What does the Basic Structure Doctrine emphasize?

    <p>Certain fundamental aspects of the Constitution cannot be altered.</p> Signup and view all the answers

    What resulted from the Minerva Mills case of 1980?

    <p>Provisions related to Constitutional amendments in the 44th Amendment were struck down.</p> Signup and view all the answers

    How is the Basic Structure Doctrine viewed in terms of constitutional authority?

    <p>It is a judicial principle created by the Supreme Court.</p> Signup and view all the answers

    Which feature of the Constitution is NOT part of the basic structure as per the Supreme Court's interpretations?

    <p>Supremacy of Parliament</p> Signup and view all the answers

    What does the Basic Structure Doctrine aim to ensure regarding legislative actions?

    <p>Any law contrary to the basic structure is void</p> Signup and view all the answers

    In which case was the judicial review firmly established as part of the Basic Structure Doctrine?

    <p>Minerva Mills case</p> Signup and view all the answers

    Which of the following is considered one of the duties of the Supreme Court in relation to the Basic Structure Doctrine?

    <p>To act as the final interpreter of constitutional amendments</p> Signup and view all the answers

    Which principle is primarily recognized in the Basic Structure regarding the relationship between the three organs of government?

    <p>Checks and balances</p> Signup and view all the answers

    What does Article 141 stipulate in relation to the Supreme Court's decisions?

    <p>Law declared by the Supreme Court is binding on all courts in India</p> Signup and view all the answers

    Which of the following represents a basic feature of the Constitution that relates to individual rights?

    <p>Individual freedom</p> Signup and view all the answers

    Which of the following cases specified the restrictions on Parliament's amending powers?

    <p>Keshavnanda Bharti V. State of Kerala</p> Signup and view all the answers

    What is a significant criticism of the Basic Structure Doctrine regarding its implications for government?

    <p>It grants the judiciary excessive power over democratically elected representatives.</p> Signup and view all the answers

    Which issue is raised by critics regarding the Basic Structure Doctrine's effect on constitutional amendments?

    <p>It makes it more challenging to amend the Constitution as needed.</p> Signup and view all the answers

    What does Article 141 empower the Supreme Court to do?

    <p>Establish precedential legal principles for all courts.</p> Signup and view all the answers

    How has the Basic Structure Doctrine been characterized in relation to power distribution among government branches?

    <p>It may disrupt the balance of power in favor of the judiciary.</p> Signup and view all the answers

    What aspect of the Basic Structure Doctrine has sparked debate regarding its legitimacy?

    <p>The absence of explicit constitutional language supporting it.</p> Signup and view all the answers

    What potential risk does the Basic Structure Doctrine pose to the concept of a sovereign democratic republic?

    <p>It could lead to a transformation into a totalitarian regime.</p> Signup and view all the answers

    Which of the following statements best reflects the nature of amending power as discussed in relation to the Basic Structure Doctrine?

    <p>Amendments are merely corrections, not significant changes.</p> Signup and view all the answers

    What moral argument is made in favor of the Basic Structure Doctrine?

    <p>It strengthens democracy by limiting majoritarian power.</p> Signup and view all the answers

    Study Notes

    Characteristics of Fundamental Rights

    • Fundamental Rights are not absolute, they have limitations to ensure the well-being of society.
    • These rights are not permanent and can be suspended during national emergencies.
    • Fundamental Rights are individual rights, ensuring protection for each person.
    • Fundamental Rights are enforceable against the State, limiting government power and ensuring checks and balances.
    • Fundamental Rights are negative obligations of the state, meaning the state must refrain from interfering with the rights of individuals
    • Fundamental Rights are restricted, as unrestricted liberty can become license and endanger the freedom of others.

    Judicial Review and FR

    • The term "State" encompasses various entities including the Government and Parliament of India, state governments, and local authorities.
    • Article 13(1) states that any law pre-dating the Constitution contradicting its provisions is void to the extent of the inconsistency.
    • Article 13(2) prohibits the State from enacting laws that diminish or eliminate rights conferred by Part III of the Constitution.
    • Article 13(3)(a) defines ‘law’ broadly to cover ordinances, rules, regulations, notifications, customs, and usages that have legal force in India.

    Rule of Severability

    • This doctrine allows for a separation of valid and void provisions in laws.
    • If valid sections can stand independently, they remain enforceable despite the invalidity of other sections.
    • This prevents the entire law from becoming void due to a single invalid provision.

    Doctrine of Eclipse

    • According to this doctrine, laws inconsistent with Fundamental Rights are not entirely void but are eclipsed by the fundamental rights and remain dormant.
    • The eclipsed law becomes effective again only when the fundamental right is no longer in force.
    • This doctrine applies to both pre- and post-constitutional laws.

    Are FRs the Only Rights?

    • There are other important rights outside Part III of the constitution.
    • Article 300A, guarantees individuals' right to property.
    • Article 301 establishes freedom of trade and commerce.
    • Article 326 ensures universal adult suffrage for citizens aged 18 and above.
    • These rights are constitutionally guaranteed but do not allow direct access to the Supreme Court.
    • Individuals can approach High Courts in case of violation of these rights.

    Article 300A

    • This article was introduced by the 44th Amendment Act in 1978 to replace Article 31.
    • It mandates that no person can be deprived of their property without due process of law.
    • This ensures that government actions concerning property must have legal backing.

    Amendability of FRs

    • The First Amendment Act in 1951 introduced reservations for Scheduled Castes and Scheduled Tribes, amending Articles 15 and 16.
    • This amendment faced legal challenge. The Supreme Court, in Shankari Prasad vs Union of India (1952), upheld the Parliament's power to amend Fundamental Rights, arguing that Article 13(2) does not limit Parliament in this regard.
    • The Court concluded that the word 'law' in Article 13(2) does not encompass constitutional amendment acts.
    • The Constitutional amendment power under Article 368 is distinct from the normal legislative process.

    Amendability of FRs

    • In Sajjan Singh vs. State of Rajasthan (1965), the Supreme Court affirmed Parliament's ability to amend even Part III of the Constitution.
    • However, in Golaknath vs. State of Punjab (1967), the Court overturned its earlier decision, recognizing the 'transcendental position' of Fundamental Rights and ruling that Parliament's amending power under Article 368 does not extend to modifying them.
    • The Court interpreted 'law' in Article 13(2) to include constitutional amendment acts.
    • Later, the 24th Amendment Act, 1971, amended Articles 13 and 368, empowering Parliament to amend Part III of the Constitution.

    Amendability of FRs

    • The Kesavananda Bharati vs. State of Kerala (1973) case reaffirmed the validity of the 24th Amendment Act and overturned the Golaknath ruling.
    • The Court established that Parliament can amend any constitutional provision, including Fundamental Rights, provided such amendments do not alter the basic features of the Constitution.
    • The 42nd Amendment Act in 1976 refuted the concept of 'Basic Structure' and seemingly allowed Parliament absolute power to amend.
    • The Minerva Mills case in 1980, however, struck down provisions of the 44th Amendment Act related to constitutional amendments and restored the 24th Amendment Act.

    Basic Structure of the Constitution

    • The 'basic structure' doctrine is a judicial innovation established by the Supreme Court in the Kesavananda Bharati case (1973).
    • This doctrine asserts that any parliamentary legislation that undermines the basic structure of the Constitution is invalid to the extent of the destruction.
    • This doctrine aims to maintain the Court's supremacy and balance power among the three branches of government.
    • The Court has not explicitly defined the basic features of the Constitution, but has outlined a framework in various rulings.

    Basic Structure of the Constitution

    • Some established basic features outlined by the Courts:
      • Supremacy of the Constitution
      • Republican and democratic form of government
      • Secular character of the Constitution
      • Separation of powers between the organs of the State
      • Federal character of the Constitution
      • Sovereignty and Unity of India
      • Individual freedom
      • Equality of status and of opportunity
      • Secularism and freedom of conscience
      • Rule of Law
      • Amending powers of Parliament
      • Judicial Review
      • Balance between Fundamental Rights and Directive Principles of State Policy

    Why is the Basic Structure Doctrine Important?

    • Legislation contrary to the basic structure is deemed void.
    • It allows judicial review of all laws and constitutional amendments.
    • Laws that violate the basic structure are likely to be struck down by the Supreme Court.
    • It provides checks and balances among the three organs of government, preventing abuse of power.
    • The IR Coelho case (2007) strengthened the doctrine by reiterating the validity of Article 141, making the Supreme Court's judgments binding on all courts within India.

    Criticisms of the Basic Structure Doctrine

    • The doctrine lacks explicit mention in the Constitution's language.
    • It gives the judiciary significant power to influence a democratically elected government.
    • Some critics see it as a form of "tyranny of the unelected."
    • The doctrine's undefined nature raises concerns about its ambiguity.
    • Parliament's ability to amend the Constitution could be impacted by this doctrine.
    • It may allow excessive judicial control over the legislative process, impacting balance of power.
    • It could hinder constitutional amendments needed to address evolving societal issues by its inflexible nature.

    Final Analysis of the Basic Structure Doctrine

    • The 'basic structure' doctrine is legally sound, grounded in the Constitution's text and historical context.
    • It promotes democracy by limiting government power, ensuring checks and balances.
    • The Constitution is supreme in India, placing Parliament under its authority.
    • Parliament's amending power is not absolute and is subject to constitutional provisions.
    • Amendments should be corrections or minor changes, not complete overturns.
    • The doctrine protects the nation from sliding into a totalitarian regime.
    • It represents a valid interpretation of the Constitution.

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    Fundamental Rights in India PDF

    Description

    This quiz covers the essential characteristics of Fundamental Rights and their interconnection with Judicial Review in the Indian legal framework. Explore the limitations, enforceability, and implications of these rights, as well as the role of the 'State'. Test your understanding of core constitutional principles and their impact on individual freedoms.

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