Cipe & Evs Chapter 1 & 2 PDF

K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS....

K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 CIPE & EVS. K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences Course Code:15EHSA401 Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 CHAPTER NO. 1 Features of Indian Constitution. Introduction to Indian Constitution. “Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.”- B.R. Ambedkar. The word ‘Constitution’ is of French origin which is generally used for “regulation and orders”. The Constitution of any country is the fundamental law of the land with greater authority and sanctity. It not only describes the basic principles of the State, the structures and processes of governance and the fundamental rights of citizens but also envisions a path of growth and development for a nation. After India attained freedom, the dream of the Constitution makers was to evolve such a viable model of governance that would best serve the nation keeping the primacy of the people as central. It is the farsightedness and visionary leadership of the Founding Fathers of the Constitution which has bestowed the country with an outstanding Constitution that has worked as a beacon for the nation over the last seven decades. The country greatly owes the success of the democratic system to the robust edifice and institutional framework that the Constitution of India has laid down. The Constitution of India lays down a structure for political, economic and social democracy. It underlines the commitment of the people of India for asserting, ensuring and achieving the various national goals through peaceful and democratic ways. It is Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 not merely a legal manuscript; rather, it is a vehicle that steers the nation to realise the dreams and aspirations of the people by accommodating and adapting to the changing needs and realities of the times. Making India, that is Bharat, as a Union of States, equality before the law and equal protection of the laws is the essence of the Constitution. At the same time, the Constitution is sensitive to the needs and concerns of the underprivileged and disadvantaged segments of the society too. Salient Features of Indian Constitution. Salient Features of Indian Constitution: Introduction: India has a parliamentary democracy. There is a Council of Ministers headed by the Prime Minister who enjoys the real powers and is responsible to the Parliament, which is elected by the people by universal adult franchise. The Indian Constitution provides for Fundamental Rights which are justiciable. There is a mention of the Fundamental Duties which have been added to the Constitution later. India just has single citizenship. The Directive Principles of State Policy give a concrete shape to the welfare state. 1. A Written Constitution: A written constitution is framed at a given time and comes into force on a fixed date as a document. Our constitution was framed in 2 years, 11 months and 18 days, it was adopted on 26th November, 1949 and enforced on January 26, 1950. 2. Rigid and Flexible: The Indian Constitution is a unique example of combination of rigidity and flexibility. A constitution is called rigid or flexible on the basis of its amending procedure. In a rigid constitution, amendment of the constitution is not easy like the constitutions of USA, Switzerland and Australia are rigid Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 constitutions. Whereas, the British Constitution is considered flexible because its amendment procedure is easy and simple. The Constitution of India has three categories of amendments ranging from simple to most difficult procedure depending on the nature of the amendment. 3. Federal Polity: India has a federal structure. In a federation there are two distinct levels of governments. There is one government for the whole country which is called the Union or Central Government and there is a government for each Unit or State. The USA is a federation whereas the UK(Britain) has a unitary form of government where there is only one government for the whole country and the power is centralised. The Constitution of India does not use the term ‘federal state’ but calls India a ‘Union of States’. There is a proper distribution of powers between the Union/Central Government and the State Governments in form of Union List, State List and the Concurrent List. 4. Quasi Federal: It means a federal set up where despite having two clear sets of government – central and the states, more powers are given to the Central Government, supremacy of the judiciary is an essential feature of a federation so that the constitution could be interpreted impartially. 5. Parliamentary Democracy: India has a parliamentary form of democracy. This has been adopted from the British system. In a parliamentary democracy there is a close relationship between the legislature and the executive. The Cabinet is selected from among the members of legislature. The cabinet is responsible to the latter. In this form of democracy, the Head of the State is nominal so in India, the President is the Head of the State. Constitutionally the President has numerous powers but in practice the Council of Ministers headed by the PM, exercises these powers. The President has to act on the advice of the Prime Minister and the Council of Ministers. 6. Fundamental Rights and Fundamental Duties: The Constitution of India guarantees Fundamental rights. The Constitution provides for six Fundamental Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Rights which are justiciable and hence are protected by the judiciary. Fundamental Duties were added to our Constitution by the 42nd Amendment. It lays down a list of ten Fundamental Duties for all citizens of India. While the rights are given as guarantees to the people, the duties are obligations which every citizen is expected to perform. 7. Directive Principles of State Policy: These have been adopted from the Irish Constitution, included in our Constitution to ensure social and economic justice to our people. Directive Principles aim at establishing a welfare state in India where there will be no concentration of wealth in the hands of a few. 8. Single Integrated Judicial System: India has a single integrated judicial system. The Supreme Court is the apex court of the judicial system. Below it is the High Courts which control and supervise the lower courts. The Indian judiciary is like a pyramid with the lower courts as the base, High Courts in the middle and the Supreme Court at the top. 9. Independence of Judiciary: Indian judiciary is independent and impartial. It is free from the influence of the executive as well as the legislature. Its judges are appointed on the basis of their qualifications and cannot be removed easily neither can their terms of office be altered to their disadvantage. 10. Single Citizenship: Usually in a federal state the citizens enjoy double citizenship like in the USA. But in India there is only single citizenship which means that every Indian is a citizen of India, irrespective of the place of his/her residence or place of birth. He/she is not a citizen of the Constituent State like Rajasthan, Uttaranchal or Chhattisgarh to which he/she may belong to. All the citizens of India can secure employment anywhere in the country and enjoy all the rights equally in all the parts of the nation. 11. Universal Adult Franchise: Indian democracy functions on the basis of ‘one person one vote’. The Indian Constitution establishes political equality in Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 India through the method of universal adult franchise. Every citizen of India who is 18 years of age or above is entitled to vote in the elections irrespective of caste, sex, race, religion or status. 12. Emergency Provisions: The Constitution makers expected that there could be situations when the government could not be run in usual manner due to difficult circumstances. To cope with such situations, the Constitution elaborated on emergency provisions. There are three types of emergencies; A) emergency caused by war, external aggression or armed rebellion; B) emergency arising out of the failure of constitutional machinery in states; and C) financial emergency. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Preamble. Preamble: What is a Preamble? A preamble is an introductory statement in a document that explains the document’s philosophy and objectives. In a constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation. The preamble basically gives idea of the following things/objects:  Source of the Constitution  Nature of Indian State  Statement of its objectives  Date of its adoption Preamble "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a {SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC}1 and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the {unity and integrity of the Nation}2; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION." Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401  History of the Preamble to Indian Constitution The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947. Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.  Components of Preamble It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India. Preamble declares India to be a sovereign, socialist, secular and democratic republic. The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation. The date is mentioned in the preamble when it was adopted i.e., November 26, 1949.  Key words in the Preamble We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power. Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations. Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side. It was added in the Preamble by 42nd Amendment, 1976. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Secular: The term means that all the religions in India get equal respect, protection and support from the state. It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976. Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election. Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.  Objectives of the Indian Constitution The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation. The main objective of the Indian Constitution is to promote harmony throughout the nation. The factors which help in achieving this objective are: Justice: It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political. Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc. Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living. Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law. Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law. Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.  Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and equality as the notion of a happy life and which cannot be taken from each other. Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty would produce the supremacy of the few over the many. Without fraternity, liberty and equality could not become a natural course of things.  Status of Preamble The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases. Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it cannot be considered as part of the Constitution. Therefore, it is not enforceable in a court of law. Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that: The Preamble of the Constitution will now be considered as part of the Constitution. The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution. So, it can be concluded that preamble is part of the introductory part of the Constitution. In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.  Amendment of the Preamble 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution. As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble cannot be amended. Because the structure of the Constitution is based on the basic elements of the Preamble. As of now, the preamble is only amended once through the 42nd Amendment Act, 1976. The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976. ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’. ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.  Fact: Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 came into force since the adoption of the Constitution on 26th November 1949 and the rest of the provisions on 26th January 1950. The concept of Liberty, Equality, and Fraternity in our Preamble was adopted from the French Motto of the French Revolution. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Fundamental Rights. Fundamental Rights: Synopsis:  Salient Features of the Fundamental Rights  The Six Fundamental Rights  Right to Equality  Right to Freedom  Right against Exploitation  Right to Freedom of Religion  Cultural and Educational Rights  Right to Constitutional Remedies  The Basic Structure Doctrine  Reasonable Restrictions on Fundamental Rights What are Fundamental Rights? Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions. a. Why are they called Fundamental Rights? These rights are called fundamental rights because of two reasons:  They are enshrined in the Constitution which guarantees them  They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 b. How many Fundamental Rights are there in Indian Constitution? There are six fundamental rights of Indian Constitution along with the constitutional articles related to them are mentioned below:  Right to Equality (Article 14-18)  Right to Freedom (Article 19-22)  Right against Exploitation (Article 23-24)  Right to Freedom of Religion (Article 25-28)  Cultural and Educational Rights (Article 29-30)  Right to Constitutional Remedies (Article 32) c. Why Right to Property is not a Fundamental Right? There was one more fundamental right in Indian Constitution, i.e., the right to property. However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment. This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people. SALIENT FEATURES OF FUNDAMENTAL RIGHTS The important features of Fundamental Rights are:  All are equal before the law’. It means that all citizens are equal under law. They have equal right to freedom of religion, assembly, association, and movement. No person is to be deprived of his life, liberty or property, except in accordance with the law.  Minorities are allowed to protect and conserve their language, script, and culture. Fundamental Rights primarily protect individuals and minority groups from arbitrary, prejudicial, state action, three of the articles have been designed to protect an individual against the action of other private citizens.  Article 17 abolishes untouchability; Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401  Article 15(2) lays down that no citizen shall suffer any disability in the use of shops, restaurants, wells, roads, and other public places on account of his religion, race, caste, sex, or place of birth;  Article 23 prohibits forced labour.  Various means are provided whereby the citizens can move the Supreme Court and other courts for the enforcement of the Fundamental Rights. There are two different mechanisms for the enforcement of Fundamental Rights: first judicial review and second writs against a public authority violating a person’s rights. Both the remedies operate through Article 32.  The Fundamental Rights are both natural as well as legal. B. INTRODUCTION TO SIX FUNDAMENTAL RIGHTS (ARTICLES 12 TO 35) 1. Right to Equality (Articles 14 – 18) Right to equality is one of the important fundamental rights of Indian constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability. 2. Right to Freedom (Articles 19 – 22) Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:  Freedom of speech  Freedom of expression  Freedom of assembly without arms  Freedom of association  Freedom to practise any profession Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401  Freedom to reside in any part of the country Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them. 3. Right against Exploitation (Articles 23 – 24) This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the prohibition of children in factories, etc. This Constitution prohibits the employment of children under 14 years in hazardous conditions. 4. Right to Freedom of Religion (Articles 25 – 28) This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions. 5. Cultural and Educational Rights (Articles 29 – 30) These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination. 6. Right to Constitutional Remedies (32 – 35) The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights. C. Features of Fundamental Rights Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401  Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He or she should first approach the lower courts.  Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and foreigners).  Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are subject to the conditions of state security, public morality and decency and friendly relations with foreign countries.  They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of violation of fundamental rights.  Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution.  The Fundamental rights of Indian constitution can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.  The application of fundamental rights can be restricted in an area that has been placed under martial law or military rule. D. Fundamental Rights Available Only to Citizens The following is the list of fundamental rights in Indian constitution that are available only to citizens (and not to foreigners): 1. Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15). 2. Equality of opportunity in matters of public employment (Article 16). 3. Protection of freedom of:(Article 19) o Speech and expression o Association o Assembly o Movement Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 o Residence o Profession 4. Protection of the culture, language and script of minorities (Article 29). 5. Right of minorities to establish and administer educational institutions (Article 30). E. Importance of Fundamental Rights Fundamental rights are very important because they are like the backbone of the country. They are essential for safeguarding the people’s interests. According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express provision for judicial review. The SC and the High Courts can declare any law unconstitutional on the grounds that it is violative of the fundamental rights. Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications, etc. REASONABLE RESTRICTIONS ON FUNDAMENTAL RIGHTS Indian constitution has provided a safety net to all sections and groups through various articles especially regarding Fundamental Rights of the citizens and the persons. However, the Fundamental Rights are not absolute. There are subject to reasonable restrictions. The state can put restrictions on right to freedom for protection of sovereignty and security of the country; for maintenance of public order by imposing curfew and morality; and for maintaining friendly relations with other countries. The state can also put reasonable restrictions on right to equality by devising welfare policies for the marginalised sections of society such as women, children, socially and educationally backward classes, Scheduled Castes and Scheduled Tribes. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Article 33 empowers Parliament to restrict or abrogate the application of Fundamental rights in relation to armed forces or the forces, police, etc. This article is meant to instil discipline among the forces whose duties are related to maintenance of public order and sensitive subjects. According to Article 32, a person has fundamental right to approach the Supreme court but not the high court to seek constitutional remedies for enforcement of the Fundamental Rights. The High Court may decline to hear a petition seeking constitutional remedies. F. Amendability of Fundamental Rights: Any changes to the fundamental rights require a constitutional amendment that should be passed by both the Houses of Parliament. The amendment bill should be passed by a special majority of Parliament. As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental rights. The question is whether a constitutional amendment act can be termed law or not. In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the Constitution including fundamental rights. But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said that the fundamental rights cannot be amended. In 1973, a landmark judgement ensued in the Kesavananda Bharati case, where the SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.” Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 This is the basis in Indian law in which the judiciary can strike down any amendment passed by Parliament that is in conflict with the basic structure of the Constitution. In 1981, the Supreme Court reiterated the Basic Structure doctrine. It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati judgement, and held that it should not be applied retrospectively to reopen the validity of any amendment to the Constitution which took place prior to that date. Doctrine of Severability This is a doctrine that protects the fundamental rights enshrined in the Constitution. It is also known as the Doctrine of Separability. It is mentioned in Article 13, according to which all laws that were enforced in India before the commencement of the Constitution, inconsistent with the provisions of fundamental rights shall to the extent of that inconsistency be void. This implies that only the parts of the statute that is inconsistent shall be deemed void and not the whole statue. Only those provisions which are inconsistent with fundamental rights shall be void. Doctrine of Eclipse This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only non-enforceable, i.e., it is not dead but inactive. This implies that whenever that fundamental right (which was violated by the law) is struck down, the law becomes active again (is revived). Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that were enacted before the Constitution came into force) and not to post- constitutional laws. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 This means that any post-constitutional law which is violative of a fundamental right is void ab initio. How are fundamental rights and duties different? Fundamental Rights are the rights available to the people of this country, while Fundamental Duties are the obligations on part of the citizens. Fundamental Duties were added to the Indian Constitution by the 42nd Constitution Amendment Act 1976 by the Indira Gandhi Government. Fundamental rights and duties are two important concepts of the Indian constitution. While fundamental rights are the entitlements that individuals possess by virtue of being citizens of a particular country, fundamental duties are the responsibilities that citizens have towards their country and fellow citizens. Here are some key differences between the two: 1. Nature: Fundamental rights are legal rights that are enshrined in the constitution of a country. These rights are meant to protect the interests of individuals and provide them with a sense of security and equality. On the other hand, fundamental duties are moral and ethical obligations expected of citizens towards their country and fellow citizens. 2. Enforcement: Fundamental rights are enforceable through the courts of law. If an individual’s fundamental rights are violated, they can seek legal recourse and the courts can provide appropriate remedies. However, fundamental duties are not enforceable in the same way. While citizens are expected to fulfil their fundamental duties, there are no legal sanctions if they fail to do so. 3. Goal: The focus of fundamental rights is on protecting the interests of individuals and ensuring their well-being. Fundamental duties, on the other hand, are focused on promoting the collective good and ensuring that citizens contribute to the welfare of their country. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Berubari Union V/s Exchange of Enclaves. Berubari Union and Exchange of Enclave. Introduction: We know that the India and Pakistan boundary was fixed by Sir Radcliffe, and the line was called the Radcliffe Line. However, some disputes arose because of the erroneous depiction of the maps by the Radcliffe Award. One of these was the Berubari Dispute. The dispute was that the state government of West Bengal did not want to give any territory in Berubari to Pakistan. The Central Government signed the Nehru-Noon Agreement, which clearly states that the territory of Berubari will be equally distributed between India and Pakistan. Therefore, this matter was finally taken to the Supreme Court of India. The points made in the Berubari case were repeated in the Keshavanada Bharti decision. The decision also stated that the Preamble to the Constitution served as a guide to open the minds of the law’s framers. But the preamble is not the source of all the powers given to the government by the Constitution of India. Facts of the case: After the Independence Act, also known as the Mountbatten Plan of 1947, was signed into law, it was said that India would be split into two separate countries: Pakistan and India. Now, the problem was what would be given to India, and the exact problem arose with Pakistan. Therefore, the map for the same was not finalized. A commission was formed with the goal of apportioning the state of Bihar, and it was led by Sir Cyril Radcliffe. Sir Cyril John Radcliffe was called and given the responsibility of dividing the area between India and Pakistan within the next five weeks. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Even Radcliffe was pretty confused, so he applied the principle of majoritarianism and divided the areas according to the majority population living in each area. For example, the areas where most of the people were Muslims were given to Pakistan, and the areas where most of the people were Hindus were given to India. There was a region called Berubari in Jalpaiguri district in West Bengal, and Radcliffe gave this region to India, but unfortunately, he forgot to mention it in his written map. Due to this reason, Pakistan took advantage of the situation and started claiming Berubari, and because of this particular reason, a dispute arose between India and Pakistan. The Pakistani Government asserted its claim over the Berubari Union for the first time in 1952. The areas under the Berubari Union remained under the territory of India until such time as they became a part of West Bengal. To solve this issue, the Nehru-Noon Agreement was introduced in 1958. By way of this agreement, it was decided that the Berubari region would be equally divided between India and Pakistan. However, the President referred the matter to the Supreme Court under Article 143 of the Indian Constitution. Issues Raised: 1. Article 3 of the Indian Constitution asks if the Parliament has the power to give any part of the state to a foreign country. 2. Whether legislative action is necessary for the implementation of the Nehru-Noon Agreement? Government’s Argument: On behalf of the Union of India, the learned Attorney-General has contended that no legislative action is necessary for the implementation of the agreement relating to the Berubari Union as well as the exchange of In regards to the Berubari Union, he says that the purpose of the agreement was to find the exact boundary that the two countries were arguing about because they had different ideas about how the relevant description in the award should be interpreted. He says that the agreement is just a recognition or delineation of the boundary that had already been set, and not a replacement of the boundary or a change to it. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 He emphasises that the ascertainment or settlement of the boundary in the light of the award by which both governments were bound is not an alienation or cession of the territory of India, and according to him, if, as a result of the ascertainment of the true boundary in the light of the award, possession of some land has had to be yielded to Pakistan, it does not amount to a cession of territory; it is merely a mode of settling the boundary. The award had already settled the boundary, but since a dispute arose between the two governments over the location of the said boundary, the dispute was resolved in light of the directions given by the award and the maps attached to it. The learned Attorney-General has also said that the settlement and recognition of the true boundary can be done by executive action alone. This means that the agreement between the two Prime Ministers can be put into place without any action from the legislature. Supreme Court’s Observation: According to the Attorney General, the agreement was simply a method of resolving the border issue and does not imply the sale or cession of Indian After looking at the agreement, the court decided that it was made before the award from the Indo- Pakistan Border Disputes Tribunal. Because of this, the agreement can’t just be seen as a result of the award that sets and defines boundaries. In order to answer the President’s questions, the Supreme Court read the relevant part of Article 3 and decided that it wasn’t enough to make the agreement in question work. The Supreme Court of India also said that Article 3 of the Indian Constitution needs to be changed by the parliament before any more steps can be taken. The Supreme Court further observed that the Preamble is not a component of the Constitution. Although the Preamble is just “a key to unlock the mind of the framers,” it may be able to provide insight into the broad reasons for why the various sections of the Constitution were created; nevertheless, since it is not a part of the Constitution, it has never been recognised as the source of any substantive authority. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 In 1973, the Supreme Court ruled in Kesavananda Bharati v. State of Kerela that the Preamble may be modified under Article 368, just like any other section of the Constitution, but that the Preamble’s fundamental characteristics could not be changed. But years later, on December 18, 1976, during India’s Emergency, the Indra Gandhi administration introduced the 42nd amendment to the constitution. The terms “socialist” and “secular” were added, and between the phrase’s “sovereign” and “democratic,” the phrase “unity of the nation” was replaced with “unity and integrity of the nation.” Judgement: The Supreme Court ruled that Article 1(3)(c) does not grant India the authority to acquire territories. It makes a provision for the absorption and integration of foreign territories that may be acquired by India. This provision is not supported by any expansionist political philosophy. Regarding Article 368, it was held that the power to amend our Constitution includes the power to amend Article 1. Thus, logically, it would include the power to cede national territory in favour of a foreign state. The Top Court further held that the power to acquire foreign territory and the power to cede a part of the national territory are essential attributes of Cession of national territory entails the transfer of sovereignty over the territory from the owner state to another state. So, legislation is required for the execution of the agreement. Article 3 does not refer to the Union territories. So, the cession of a part of the Union territories would have to be carried out under Article 368 of our Constitution. The Supreme Court concluded that the Parliament would not be qualified to make a law under Article 3 of our Constitution for the purpose of carrying out the mandate. This meant that the law required to execute the agreement had to be passed under Section 368 of the Constitution. The agreement amounts to India ceding a portion of its territory to Pakistan. So, its implementation would involve changes being made to Article 1 and the relevant part of the First Schedule of our Constitution Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 because the execution of the agreement would lead to the diminution of the territory of India. Such an amendment can be made under Article 368 of the Constitution. Thus, the Supreme Court answered the questions referred to it: Legislative action is necessary for the execution of the agreement. Article 3 of our Constitution says that a law made by Parliament doesn’t have to be qualified, but Article 368 says that a law has to be qualified and necessary. For the exchange of enclaves, too, the same procedure has to be followed. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Keshavanand Bharati Case. KESAVANANDA BHARATI CASE Kesavananda Bharati Sripadagalvaru & Ors. vs the State of Kerala & Anr. Writ Petition (Civil) 135 of 1970 Date of judgment: 24.04.1973 Kesavananda Bharati vs the State of Kerala is one of the landmark cases related to the Indian Constitution and is popularly known as the case of the fundamental rights. After the independence, all the states were working to improve their state’s social and economic conditions. When the Indian Constitution came into existence, all the citizens came to know about their fundamental rights and realised that equality is also a fundamental right. At that time, the resources and means of production were available only to limited people, and the state realised that this was not correct. Therefore, in the same way, the state of Kerala started to work upon this issue. The state government of Kerala brought the Kerala Land Reforms Act, 1963, to combat the land laws such as the Zamindari system, land ownership, and tenancy laws to improve the social and economic condition of the state. Now, this land reform Act restricted the property rights of the citizens. So, while using this Act, the state government acquired the land of Edneer Mutt (a Hindu institution of monks) located in Edneer, Kasaragod district, Kerala, India. Due to this takeover, the earnings of the Mutt diminished, and they started facing problems in managing the work of the Mutt. Therefore, this acquisition was challenged by the head of Mutt, Shri Kesavananda Bharati, and he filled a writ petition in the Supreme Court challenging and opposing the Land Reform Act of 1963.He added that these Land Reform Acts violate the fundamental rights given under Article 14, 19(1)(f), 25, 26 of the Indian Constitution. Shri Kesavananda Bharati believed that owning and managing land is a fundamental right of an individual and must be given protection under the Constitution. Furthermore, at that time, certain other such cases were also there before the court. In those cases, it was seen that the parliament and Supreme Court were struggling due to amendment powers given to the parliament by the Indian Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Constitution. Parliament believed that Article 368 of the Indian Constitution gives unlimited power to the parliament to amend the Constitution. Still, Supreme Court does not agree with this statement. In contrast, in the case of Golaknath vs the State of Punjab, the Supreme Court has imposed various restrictions on the amending powers of the parliament with respect to the Indian Constitution. After that, the parliament came up with the 24th, 25th and 29th Amendment Acts to remove those restrictions. Issues Raised in the Kesavananda Bharati Case: After understanding the background of the case, let us learn about the issues raised. These were the two major issues raised in the Kesavananda Bharati Case: Does the parliament have the power to amend the fundamental rights? To what extent does the parliament have the power to amend the fundamental rights? Arguments in the Kesavananda Bharati Case: These are the major arguments made by the petitioner and the respondent in the Kesavananda Bharati case: Petitioner’s Arguments The first contention made by the petitioner was that the power given to the parliament to amend the Constitution under Article 368 is not absolute, and instead, this power is restricted. Therefore, the parliament cannot amend any part of the Constitution by its own wish. Fundamental rights are enacted to protect the freedom of its citizens, whereas the provisions brought by 24th and 25th Amendment Act impose restrictions on the fundamental rights, which are not correct. Respondent’s Arguments According to the respondents, the parliament has unlimited and absolute power to amend the Constitution, and every state government is responsible for improving its social and economic conditions. Therefore, the powers of parliament shall not be restricted. The respondent further added that the parliament has the right to impose Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 restrictions on some fundamental rights of its citizens, such as freedom of speech and expression and the right to form an association. Judgement in the Case of Kesavananda Bharati & Others vs the State of Kerala: In the Kesavananda Bharati case, a bench of 13 judges was constituted, and the judgment was given with the majority of 7:6. The decision given in the case of Golaknath vs the State of Punjab was overruled, which stated that the parliament could not amend the Constitution. Moreover, the 24th Amendment Act, which states that the parliament can amend any constitutional provision was held to be valid. The Supreme Court also held that the parliament has absolute power to amend the Constitution under Article 368.Now, while answering the second issue, the court held that the parliament can amend the Constitution but cannot interfere with the basic features of the Indian Constitution. This is known as the Basic Structure Doctrine. Moreover, in Kesavananda Bharati & Others vs the State of Kerala, the 25th and 29th Amendment Act was held valid and stated that if any of the laws added in the 9th Schedule violates the Constitution’s basic features, then such laws can go for judicial review. Moreover, on 24th April 1973, this judgement introduced the Basic Structure Doctrine, and there is no exhaustive list given for the basic features. Still, this judgment has given the indicative list that these things can be treated as the Constitution’s basic features, and more features can also be added to this list in the coming future. The things that can be treated as the Constitution’s basic features as per the Kesavananda Bharati are: Supremacy of the Constitution Unity and sovereignty of India Democratic and republican forms of government Federal character of the Constitution Secular character of the Constitution Separation of power Individual freedom Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Conclusion: Kesavananda Bharati & Others vs the State of Kerala’s judgment is necessary because, in this case, the court has used its creativity and introduced the Basic Structure Doctrine through which they have given powers to the parliament and stated that it cannot interfere with the Constitution’s basic features. Moreover, the Kesavananda Bharati case has safeguarded India’s democracy. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Maneka Gandhi V/s Union of India, 1978. Maneka Gandhi v/s Union Of India Case Analysis on Maneka Gandhi v/s Union Of India, 1978: The Golden Triangle Facts Of the Case The petitioner Maneka Gandhi's passport was issued on 1st June 1976 as per the Passport Act of 1967. On 2nd July 1977, the Regional Passport Office (New Delhi) ordered her to surrender her passport. The petitioner was also not given any reason for this arbitrary and unilateral decision of the External Affairs Ministry, citing public interest. The petitioner approached the Supreme Court by invoking its writ jurisdiction and contending that the State's act of impounding her passport was a direct assault on her Right of Personal Liberty as guaranteed by Article 21. It is pertinent to mention that the Supreme Court in Satwant Singh Sawhney v. Ramarathnam held that right to travel abroad is well within the ambit of Article 21, although the extent to which the Passport Act diluted this particular right was unclear. The authorities, however, answered that the reasons are not to be specified in the "interest of the general public". In response, the petitioner filed a writ petition under Art 32 for violation of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution alleging that Section 10(3)(c) of the Act was ultra vires the constitution. Issues Before the Court Whether the Fundamental Rights are absolute or conditional and what is the extent of the territory of such Fundamental Rights provided to the citizens by the Constitution of India? Whether 'Right to Travel Abroad' is protected under the umbrella of Article 21 Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 What is the Connection between the rights guaranteed under Article 14, 19 and 21 of the Constitution of India? Determining the scope of " Procedure established by Law" Whether the provision laid down in Section 10(3)(c) of the Passport Act 1967 is violative of Fundamental Rights and if it is whether such legislation is a concrete Law? Whether the Impugned order of Regional Passport Officer is in contravention of principles of natural justice? Arguments Of the Petitioners: Through the administrative order that seized the passport on 4th July 1977, the State has infringed upon the Petitioner's fundamental rights of freedom of speech & expression, right to life & personal liberty, right to travel abroad and the right to freedom of movement. The provisions given in Articles 14, 19 & 21 should be read together and aren't mutually exclusive. Only a cumulative reading and subsequent interpretation will lead to the observance of principles of natural justice and the true spirit of constitutionalism. India might not have adopted the American concept of the "due process of law", nevertheless, the procedure established by law should be fair and just, reasonable, and not be arbitrary. Section 10(3)(c) of the Passport Act violates Article 21 insofar as it violates the right to life &personal liberty guaranteed by this Article. Audi Altrem Partem i.e., the opportunity of being heard is invariably acknowledged as a vital component of the principles of natural justice. Even if these principles of natural justice are not expressly mentioned in any of the provisions of the Constitution, the idea behind the spirit of Fundamental Rights embodies the very crux of these principles. Contentions Of the Respondents: The respondent stated before the court that the passport was confiscated since the petitioner had to appear before a government committee for a hearing. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 The respondent asserted that the word 'law' under Article 21 can't be understood as reflected in the fundamental rules of natural justice, emphasising the principle laid down in the A K Gopalan case. Article 21 contains the phrase "procedure established by law" & such procedure does not have to pass the test of reasonability and need not necessarily be in consonance with the Articles 14& 19. The framers of our Constitution had long debates on the American "due process of law" versus the British "procedure established by law". The marked absence of the due process of law from the provisions of the Indian Constitution clearly indicates the constitution-makers' intentions. Judgement Of the Court The court said that section 10(3)(c) of passport act, 1967 is void because it violates Article 14 of Indian constitution because it confers vague and undefined power to the passport authority. it is violative of Article 14 of the Constitution since it doesn't provide for an opportunity for the aggrieved party to be heard. It was also held violative of Article 21 since it does not affirm to the word "procedure" as mentioned in the clause, and the present procedure performed was the worst possible one. The Court, however, refrained from passing any formal answer on the matter, and ruled that the passport would remain with the authorities till they deem fit. This immensely important judgement was delivered on 25th January 1978 and it altered the landscape of the Indian Constitution. This judgement widened Article 21's scope immensely and it realized the goal of making India a welfare state, as assured in the Preamble. The unanimous judgement was given by a 7-judge bench. Before the enactment of the Passport Act 1967, there was no law regulating the passport whenever any person wanted to leave his native place and settle abroad. Also, the executives were entirely discretionary while issuing the passports in an unguided and unchallenged manner. In Satwant Singh Sawhney v. D Ramarathnam the SC stated that: Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Personal liberty in its ambit, also includes the right of locomotion and travel abroad. Hence, no person can be deprived of such rights, except through procedures established by law. Since the State had not made any law regarding the regulation or prohibiting the rights of a person in such a case, the confiscation of the petitioner's passport is in violation of Article 21 and its grounds being unchallenged and arbitrary, it is also violative of Article 14. Further, clause (c) of section 10(3) of the Passports Act, 1967 provides that when the state finds it necessary to seize the passport or do any such action in the interests of sovereignty and integrity of the nation, its security, its friendly relations with foreign countries, or for the interests of the general public, the authority is required to record in writing the reason of such act and on-demand furnish a copy of that record to the holder of the passport. The Central Government never did disclose any reasons for impounding the petitioner's passport rather she was told that the act was done in the interests of the general public where as it was found out that her presence was felt required by the respondents for the proceedings before a commission of inquiry. The reason was given explicit that it was not really necessarily done in the public interests and no ordinary person would understand the reasons for not disclosing this information or the grounds of her passport confiscation. The fundamental rights conferred in Part III of the Constitution are not distinctive nor mutually exclusive." Any law depriving a person of his personal liberty has to stand a test of one or more of the fundamental rights conferred under Article 19. When referring to Article 14, ex-hypothesis must be tested. The concept of reasonableness must be projected in the procedure. The phrase used in Article 21 is "procedure established by law" instead of due process of law which is said to have procedures that are free from arbitrariness and irrationality. There is a clear infringement of the basic ingredient of principles of natural justice i.e., Audi alteram partem and hence, it cannot be condemned as unfair and unjust even when a statute is silent on it. It is true that fundamental rights are sought in case of violation of any rights of an individual and when the State had violated it. But that does not mean, right to of Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Speech and Expression is exercisable only in India and not outside. Merely because the state's action is restricted to its territory, it does not mean that Fundamental Rights are also restricted in a similar manner. It is possible that certain rights related to human values are protected by fundamental rights even if it is not explicitly written in our Constitution. For example, Freedom of the press is covered under Article 19(1)(a) even though it is not specifically mentioned there. The right to go abroad is not a part of the Right to Free Speech and Expression as both have different natures and characters. A.K Gopalan was overruled stating that there is a unique relationship between the provisions of Article 14, 19 & 21 and every law must pass the tests of the said provisions. Earlier in Gopalan, the majority held that these provisions in itself are mutually exclusive. Therefore, to correct its earlier mistake the court held that these provisions are not mutually exclusive and are dependent on each other Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 AIR INDIA v. NARGESH MEERZA , 1981, FACTS : ~The facts of the case are highly complex and exhaustive. The case involved two companies Air India and Indian Airlines ~ Regulations 46 and 47 of the Air India Employees Service Regulations were challenged in this mentioned case. ~ Many petitions were filed before the Bombay HC questioning the validity of regulations 46 and 47 of Air India Employee’s Service Regulations, stating it to be ultra vires of Articles 14,15,16 and 21 of the Indian Constitution. ISSUES RAISED BEFORE THE COURT : ~ Whether clauses 46 and 47 of the Air India Employees Service Regulations completely or partially violate the Indian Constitution’s Articles 14,15 and 16. ~ The use of discretionary powers listed in Regulation 47 used by the Managing directors be viewed as an undue transfer of authority. JUDGEMENT: The apex court after hearing arguments from both parties realized that the clause regarding retirement and pregnancy are unconstitutional and therefore passed an order to strike them off immediately. The Supreme Court further advises that the pregnancy provision is to be amended and the criteria regarding retirement on the birth of a third child replace the present language, which is based on grounds of public health. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 The powers that were assigned to the Managing Director by Regulation 47 were leading to discriminatory behaviors’. Hence it was found that the powers of the Managing Directors are so wide that they violate Article 14 due to excessive delegation. Concerning the factor of retiring age and the powers provided to the Managing Directors to extend the retirement of an employee, Justice Ali stated that the retirement age cannot be fixed upon it is based on a medical test and several other factors and circumstances. CONCLUSION: According to the circumstances of this mentioned case, the retirement age of air hostesses was set at 35 years due to the incorrect idea that women lose their youthfulness and glamor after that age. And when it comes to pregnancies or marriage retirement is unreasonable and against certain sections of the Constitution. Hence, we can see the court struck down the provisions that were against Articles 14,15, and 16 to protect the basic rights of women. And, for this same reason, Regulation 47 was determined to be inappropriate as it leads to misuse of power by the managing directors. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 TMA Pai Foundation v State of Karnataka FACTS Dr. TMA Pai in 1942, Madras founded an “Academy of General Education” which was an educational institution. The institution became a part of the state of Karnataka after the reorganization of the states. After that, some more institutions were founded under the name of this institution like “Manipal Engineering College Trust” for establishment and administration of ‘Manipal Institute of Technology’. That trust wanted to promote the Konkani Language and to encourage the students speaking same language. Afterwards, the trustee of the engineering college transferred the college ownership to TMA Pai trust which was formed in the memory of Dr. TMA Pai. Karnataka’s governor promoted an ordinance named “Karnataka Educational Institutions” from charging extra money in the name of fees. The state government also passed an order which fixed total intake of students and also imposed a fixed percentage of seats as government seats. The college which fell under TMA Pai foundation was seen under the category of Minority unaided private educational institution as it did not receive any aid from the state. Challenging the 1984 ordinance and the order of the state, the petitioners filed a writ petition on the basis that the government’s regulation in the administration of the Minority educational institution infringes the rights of the minorities to establish and administer educational institutions. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Issues Raised: Several issues that came before Apex Court were: -  Whether there is any provision under which one can establish and administer educational institution or not?  How the minorities whether it is religious or linguistic will be decided- on the basis of the state or the whole country?  Whether the government’s regulations on the minority aided or unaided institutions are violative of article or not?  To what extent the government can impose restrictions on the administration of minority aided and unaided institutions? Judgment: In this case, judges dealt with several issues related to the autonomy of the private minority educational institutions :-  Apex court held that all citizens have right to establish and administer educational institutions under Article 19(1)(g), 26 and the minorities under Article 30 but these rights were not considered as absolute rights.  The court regarding the issue of whether state’s interference in the administration of the aided minority private educational institutions is violating Article 30(1), held that the constitutional right under Article 30(1) to administer an educational institution of their choice does not necessarily militate against state’s claim to insist that in order to grant aid the state can prescribe reasonable regulations to ensure the excellence of institutions.  In the case of unaided minority institutions regulatory measures imposed by the state should be minimal. Recruiting teachers and non- staff, fees structure etc. will be considered beyond government’s control.  In case of admission, the minority unaided educational institutions can admit and select students of their choice but the procedure of selection must be fair and transparent. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401  Aided minority educational institutions also have the right to admit students belonging to their country on the basis of merit. But it must admit a reasonable number of non-minority students as well. The reasonable number would be decided by the respective states. Conclusion:- Article 29 and Article 30- Cultural and Educational Rights play a major role in interpreting the extent of the rights of minorities to establish and administer educational institutions. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 M.C.Mehta V/s Union of India. M.C.Mehta v/s UOI Facts of the case: On December 4th, 1985, a significant oleum gas leak from one of Shriram's facilities occurred. Both the workers and members of the general public outside were physically impacted by the leaking. In addition, one attorney working in the Tis Hazari Court passed away from oleum gas inhalation. Both the petitioner and the Delhi Bar Association acknowledged the occurrence. Two days later, on December 6, a little amount of oleum gas leaked from a pipe junction. Issues:  What is the scope of Article 32 of the Constitution?  Whether the principle of strict liability should be followed?  How to calculate liability and compensation amounts.  Whether such harmful substances can be allowed to be kept in the premises? Law:  Article 21, Protection of Life and Personal Liberty  Article 32, Right to a Remedy  Article 12, it defines the term 'State' for the Fundamental Rights JUDGEMENT: J. Bhagwati expressed grave worries for the safety of Delhi residents from hazardous Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 chemical leaks and claimed that eliminating toxic and dangerous factories was not an option because they continue to improve people's quality of life. Therefore, even destructive industries must be formed since they are essential to the growth of the economy and society. He thought that the only way to lessen the risk or harm to the general public was to take all appropriate measures to put these industries in areas where the general population would be least exposed and the needs for security would be the act of a third party or a natural calamity was the only exception that applied in this situation. An industry is required to make sure that no one is harmed when engaging in risky operations that could endanger the health and safety of adjacent workers and residents. Addressed. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 CHAPTER NO. 2 Relevance of Directive Principles of State Policy. Relevance of Directive Principles of State Policy (Under Part IV) DPSP (Directive Principles of State Policy.) Directive Principles of State Policy (DPSP) is enshrined in Part-IV (Article 36 to 51) of the Indian constitution. It guarantees social and economic democracy and tries to establish a welfare state. These are the ideals that the State should keep in mind while formulating policies and enacting laws. The provisions contained in this Part cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Meaning: The Concept of DPSP is not an indigenous one. Our Constitution makers borrowed this concept from Irish Constitution (Article 45), it has its genesis in Spanish Constitution. Part IV of the Constitution of India deals with Directive Principles of State Policies. To understand the meaning of the directive principle of state policy, we need to understand the meaning of each word i.e. Directive + principle + state + policy which suggest that these are the principles that direct the state when it makes policies for its people. These DPSPs act as a guideline for the state and are needed to be taken into consideration while coming up with any new law but a citizen cannot compel the state to follow DPSPs. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 The significance of the DPSP is that it ensures social and economic democracy while also attempting to construct a welfare state. These are the values that the government should bear in mind while it develops policy and passes legislation. Part IV of the Constitution, from Articles 36 to 51, enumerates the Directive Principles of State Policy. This notion was adopted by the writers of the Constitution from the 1937 Irish Constitution, which had copied it from the Spanish Constitution. These ideas, according to Dr. B R Ambedkar, are "new elements" of the Indian Constitution. Nature: Article 37 defines the nature of DPSP. It states that DPSPs are not enforceable in the courts but at the same time, it defines DPSPs as a duty of the state. Moreover, the same Article defines DPSPs as principles that are fundamental to the governance of any country. It shows the relevance and significance of DPSPs in the constitution and in the governance of a country. Fundamental Rights Vs DPSP: Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it protects the rights of a citizen and work at a macro level. DPSP consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country. Directive Principles are affirmative directions on the other hand, Fundamental Rights are negative or prohibitive in nature because they put limitations on the State. The DPSP is not enforceable by law; it is non-justiciable. It is important to note that DPSP and FRs go hand in hand. DPSP is not subordinate to FRs. Characteristics of Directive Principles of State Policy Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 The goal of the Directive Principles of State Policy is to establish social and economic conditions that allow citizens to live happy life. They also want to create a welfare state to promote social and economic democracy. DPSP serve as a check on the administration, allowing citizens to evaluate the government’s performance and vote it out if it fails to deliver on its promises. Though the Directive Principles are unjustifiable human rights, they are essential to the country’s governance. It is the state’s responsibility, according to Article 37, to apply these principles while drafting laws. Furthermore, the executive agencies of the union and the states should be guided by these values. Even the judges must consider them while making decisions. According to Article 37 of the Indian Constitution, it is the role of the state and union governments to develop more comprehensive policies and regulations for implementation, taking DPSPs into account as a fundamental policy. Many policies have been implemented by state and union governments that violate the DPSPs, such as: Using intoxicating drinks as a major source of tax revenue rather than implementing prohibition for the betterment of people’s health. Separation of judiciary and executive Failure to implement Uniform Civil Code for citizens, and so on. When the union government determines that a DPSP is no longer beneficial to the country, it will be removed from the Constitution by a constitutional amendment in order to eliminate uncertainty in policymaking and direction. The judiciary has the power to overturn any government decision or law that is directly opposed to any DPSP. An existing policy that complies with the Directive Principles of State Policy cannot be revoked, but it can be expanded in accordance with the DPSP. Policy changes made under the applicable DPSP are irreversible unless a constitutional amendment abolishes the applicable DPSP. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Significance of Directive Principles  The Directive Principles are a broad economic, social, and political policy for a contemporary democratic state.  They strive to realize the noble principles of justice, liberty, equality, and brotherhood enshrined in the Constitution's Preamble.  They represent a 'welfare state,' rather than a 'police state,' which existed throughout the colonial period. They want to achieve economic and social democracy in the country, in a nutshell.  Despite their non-justiciability, the Directive Principles assist courts in assessing and establishing a law's constitutional viability.  When determining the constitutionality of a law, the Supreme Court has ruled that if the law in question seeks to give effect to a Directive Principle, the court may consider the law to be reasonable' in relation to Article 14 (equality before the law) or Article 19 (six freedoms) and thus save the law from being declared unconstitutional.  They are in addition to the people's fundamental rights. They are designed to fill the gap left by Part III by establishing social and economic rights.  Their execution offers a favourable environment for citizens to fully and properly exercise their basic rights. Political democracy is meaningless without economic democracy. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401 Implementation of DPSPs  Policies like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) gets their authority from Article 39(a) which talks about the right to adequate means of livelihood.  Laws such as the Child Labour (Prohibition and Regulation) Act 1986bolster the canons of Article 39(g) which deals with the protection of children.  Laws pertaining to prohibition of slaughter of cows and bullocks get their sanctity from Article 48 which deals with the organization of agriculture and husbandry.  Government Policies such as Integrated Rural Development Program (IRDP), Integrated Tribal Development Program (ITDP), and Pradhan Mantri Gram Sadak Yojana, Ayushman Bharata etc.are the reflections of the principle objectives enumerated in Article 47 which talks about raising the standard of living and to improve public health.  Government has undertaken reforms in Land laws which were the primary reasons for inequality British times. Such reforms give effect to Article 43 which tries to secure by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life  States have instituted scholarship programmes, subsidies for minority run institutions and also enacting Right to Education Act (RTE) in 2006 to give effect to Article 46 which seeks to promote educational and economic interests of the weaker sections of the people  Ever since independence, India’s foreign policy has revolved around promoting an international order based on humanity, peace, honorable relations, security etc. This has taken the form of organizations such as Non-Alignment Movement (NAM), International Solar Organization or even India’s commitment to Paris climate agreements These policies give effect to Article 51 which seeks to promote a foreign policy based on just and humane values. Presented by, Adv. Priya M Kambalimath, Smt. Swapna Somayaji, Asst. Professor. Adv. Anupama Akkur, Laxmi Goudar, Asst. Professor. Adv. Chaitali S Lodaya.  K. L.E Society’s KLE Technological University Department of Humanities & Social Sciences School of Management Studies and Research. Course and Course Code: CIPE & EVS. Course Code:15EHSA401  Perhaps one of the greatest achievements of the government in giving effect to DPSP has been instituting local self-government institutions at the village and district level to give effect to Article 40 which seeks to organize village panchayats  Various programmes have been started at the central and state level to ensure adequate means of livelihood and also in ensuring good health of women (Janani Suraksha Yojana). Such programmes give effect to Article 39 which aims to secure a good standard of living for women in the country  India has enacted several environmental conservation acts such as- Environmental Protection Act, Wildlife conservation act etc. These acts seek to implement the provisions of Article 48A which seeks to protect and improve the environment and to safeguard the forests and wildlife of the country.  The emphasis on ‘Early childhood care and education’ in the newly unveiled National Education Policy (NEP) seeks to realize the provisions of article 45 which aims to provide for early childhood care and education for all children until they complete the age of six years. Emergence of the Public Sector In the public sector, there has been a significant increase. The state has been vested with the ownership and control of the material resources of the community. The great multi-purpose river valley projects such as the Bhakra-Nangal, Damodar Valley and Hirakund; iron and steel produ