UPSC Current Affairs Class Notes (September 6, 2024) PDF

UPSC Current Affairs Plus By Sumit Sir Subject : Polity Topic : Fundamental Rights (Part III: Article 12-35) Lecture No.- Sumit Rewri Sir  Trend Analysis (UPSC Prelims - GS) S.No SUBJECTS 2019 2020 2021 2022 2023 2024 1 Anci...

UPSC Current Affairs Plus By Sumit Sir Subject : Polity Topic : Fundamental Rights (Part III: Article 12-35) Lecture No.- Sumit Rewri Sir  Trend Analysis (UPSC Prelims - GS) S.No SUBJECTS 2019 2020 2021 2022 2023 2024 1 Ancient India 3 4 4 3 5 5 2 Medieval India 5 2 4 5 3 1 3 Modern India 6 9 7 3 2 2 4 Art and Culture 2 4 3 6 2 1 5 Indian Polity 13 17 15 11 15 18 6 Indian Economy 16 19 14 12 20 15 7 Environment & Ecology 17 18 19 12 19 10 8 Geography 7 8 7 7 13 20 9 Science & Technology 12 12 12 12 6 8 10 Current Affairs & 19 7 15 29 15 20 Miscellaneous Total 100 100 100 100 100 100  Topic wise Trend Analysis - Polity Sr. No. TOPIC 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Total 1 HISTORICAL BACKGROUND 2 1 1 3 2 BASIC CONCEPTS 2 3 2 1 8 3 SALIENT FEATURES OF THE CONSTITUTION 1 1 1 1 2 4 1 1 1 13 4 PREAMBLE 1 1 1 1 2 1 7 5 CITIZENSHIP 1 1 6 FUNDAMENTAL RIGHTS 1 1 1 2 2 1 2 4 1 15 7 DPSP 1 4 2 2 1 1 2 13 8 FUNDAMENTAL DUTIES 1 1 1 1 4 9 CONSTITUTIONAL AMENDMENT 1 1 1 2 1 6 10 EMERGENCY PROVISIONS 1 1 1 1 4 11 FUNDS WITH GOVERNMENT OF INDIA 1 2 3 12 SYSTEMS OF GOVERNMENT 3 1 2 2 1 1 1 11 13 PRESIDENT 2 1 1 1 1 6  Topic wise Trend Analysis - Polity Sr. No. TOPIC 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Total 14 VICE-PRESIDENT 1 1 15 PRIME MINISTER 1 1 16 PARLIAMENT 6 2 3 1 5 2 3 4 2 2 3 4 7 2 46 17 SUPREME COURT 1 2 1 2 1 2 2 11 18 JUDICIAL REVIEW 1 1 19 SUBORDINATE COURT 1 1 20 STATE LEGISLATURE 1 1 2 21 GOVERNOR 1 1 1 1 1 1 6 22 CENTRE-STATE RELATIONS 1 1 1 3 23 LOCAL GOVERNMENT: PANCHAYATS AND MUNICIPALITIES 1 2 1 2 1 2 9 24 ANTI DEFECTION LAW 1 1 25 CONSTITUTIONAL BODIES 1 1 1 1 1 2 1 8 26 NON-CONSTITUTIONAL BODIES 1 3 4 27 GOVERNANCE 3 1 4 TOTAL 18 15 11 15 17 13 10 22 5 11 12 17 18 9 193 Fundamental Rights: Trend Analysis Questions on fundamental rights often aim to test a deep conceptual understanding. ○ Rule of law (2018) ○ Relationship between Rights and Duties (2017) Typically, these questions are analytical, requiring an assessment of the implications or conditions associated with Fundamental Rights and their impact on individual freedom. ○ Which of the following parts of the Constitution of India reflect the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020) ○ Implications of equality in society (2017) Definition-based questions ○ Definition of rights (2017) ○ Rule of law (2018) Fundamental Rights: Trend Analysis Questions are asked in a statement-based format ○ In India, if a religious sect/community is given the status of a national minority, what special advantages is it entitled to? (2011) ○ Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (2017) Questions on article numbers and subsections ○ Article number for right to privacy (2021), Right to privacy is part of which right (2018) ○ Which one of the following categories of Fundamental Rights incorporate protection against untouchability as a form of discrimination? (2020) ○ Article for Right to marry the person of one’s choice? (2019)  Fundamental Rights (Part III: Article 12-35) ❖ These are fundamental for all round (material, intellectual, moral and spiritual) development. ❖ These were inspired by the Constitution of the USA (Bill of Rights). ❖ Fundamental Rights in India are more elaborate than those found in any other countries of the world. ❖ It has been rightly described as the Magna Carta of India.  Fundamental Rights (Part III: Article 12-35) FEATURES OF THE FUNDAMENTAL RIGHTS ❖ They promote the ideal of political democracy. ⮚ They are limitations on the tyranny of the executive and arbitrary laws of the legislature, thereby preventing the establishment of an authoritarian and despotic rule. ⮚ They aim at establishing a government of laws and not of men. ❖ These are justiciable in nature. (a person can move to the courts for their enforcement, if and when they are violated.)  Fundamental Rights (Part III: Article 12-35) ❖ Rights are claims by the citizens against the state and not vice versa. [UPSC 2017] ❖ Not sacrosanct or permanent - It can be amended by Parliament only by a constitutional amendment without affecting the ‘basic structure’ of the constitution. ❖ Guaranteed by the Supreme Court to all persons without any discrimination. ❖ Protect the liberties and freedoms of the people against the invasion by the State.  Fundamental Rights (Part III: Article 12-35) ❖ They are not absolute but qualified - Subject to reasonable restrictions. ⮚ Whether such restrictions are reasonable or not is to be decided by the courts. ⮚ They strike a balance between individual liberty and social control. ❖ While all of them are available against the arbitrary action of the state, some of them are also against the actions of private individuals. ❖ Some of them are negative in character (placing limitations on the authority of the states), while others are positive in nature (providing certain privileges on the person).  Fundamental Rights (Part III: Article 12-35) ❖ They can be suspended during the operation of a National Emergency except for the rights guaranteed by Articles 20 and 21. ⮚ The six fundamental rights guaranteed by Article 19 are automatically suspended only on the grounds of external aggression (external emergency) and not on the grounds of armed rebellion (internal emergency). ❖ Their scope of operation is limited by: ⮚ Article 31A - laws providing for acquisition of estates etc. ⮚ Article 31B - validation of certain acts included in the the 9th schedule. ⮚ Article 31C - laws giving effect to certain directive principles.  PYQs UPSC 2017  PYQs Answer: C Exp: Option (a) is incorrect: Rights are claimed by the citizens against the state and not the vice versa. Option (b) is incorrect: Rights are not privileges either, they are one of the quintessential requirements for the formation of a democratic state. Thus, the constitution has no concept of special privileges which will create inequality in the society. Option (c) is correct: The philosophy of rights is grounded in preventing the exploitation of the citizen by the state. It inherently belongs to the citizens. So, essentially it is the claim of an individual against the state. Option (d) is incorrect: As per Article 18, except for military and academic distinctions, no other citizens have titular privileges. Hence,Rights are not the privileges of a few citizens as they are equally available to all.  Fundamental Rights (Part III: Article 12-35) CONSTITUTIONAL PROVISIONS PERTAINING TO FUNDAMENTAL RIGHTS Right to Equality (Article 14-18) ❖ Equality before the law and equal protection of laws. (Article 14) ❖ Prohibition of discrimination based on grounds of religion, race, caste etc. (Article 15) ❖ Equality of opportunity in matters of public employment. (Article 16) ❖ Abolition of Untouchability. (Article 17) ❖ Abolition of titles. (Article 18)  Fundamental Rights (Part III: Article 12-35) Right to Freedom (Article 19-22) ❖ Protection of six rights regarding freedom of (Article 19): Speech and expression; Assembly; Association; Movement; Residence; Profession. ❖ Protection in respect of conviction for offences. (Article 20) ❖ Protection of life and personal liberty. (Article 21) ❖ Right to elementary education. (Article 21A) ❖ Protection against arrest and detention in certain cases. (Article 22) Right Against Exploitation (Article 23-24) [UPSC 2017] ❖ Prohibition of traffic in human beings and forced labour. (Article 23) ❖ Prohibition of employment of children in factories etc. (Article 24) PYQs: 2017  PYQs Answer: C Exp: Statement 1 is correct: As under Article 23 (Right Against Exploitation) of the constitution, the expression ‘traffic in human beings’ includes: Selling and buying of men, women and children like goods, Immoral traffic in women and children, including prostitution, Devadasis, Slavery. Statement 2 is incorrect: Abolition of Untouchability is provided in the constitution of India, but it comes under Right to Equality, under article 17. Statement 3 is incorrect: The Cultural and Educational Rights (under articles 29 and 30) cover protection of interests of minorities; they don’t come under Rights Against Exploitation. Statement 4 is correct: Article 24 (Right Against Exploitation) ensures prohibition of employment of children in factories etc. The Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights.  Fundamental Rights (Part III: Article 12-35) Right to Freedom of Religion (Article 25-28) ❖ Freedom of conscience and freedom to profess, practice and propagate religion of one’s choice. (Article 25) ❖ Freedom to manage religious affairs. (Article 26) ❖ Freedom from payment of taxes for the promotion of any religion. (Article 27) ❖ Freedom from attending religious instructions or worship in certain educational institutions. (Article 28) Cultural and Educational Rights (Article 29-30) ❖ Protection of language, script and culture of minorities. (Article 29) ❖ Right of minorities to establish and administer educational institutions. (Article 30)  Fundamental Rights (Part III: Article 12-35) Right to Constitutional Remedies (Article 32) ❖ Right to move the Supreme Court for enforcement of fundamental rights, including the writs of Habeas corpus, ❖ Mandamus, Prohibition, Certiorari, and Quo Warranto. (under Article 32: Part of basic structure). Fundamental Rights available ❖ Only to citizens and not to foreigners: Articles 15, 16, 19, 29 and 30. ❖ To both citizens and foreigners (except enemy aliens) Articles 14, 20 to 28.  Fundamental Rights (Part III: Article 12-35) DEFINITION OF STATE AND LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS Definition of State Laws Inconsistent with Fundamental (Article 12) Rights (Article 13) ▪ As per Article 12, the term State includes ▪ Article 13: All laws that are inconsistent Government and parliament; Government with or in derogation of any of the and legislature of states; All local fundamental rights shall be void authorities, i.e., municipalities, panchayat, (expressively provides for the doctrine of district boards, improvement trust etc.; judicial review). All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, etc.  Fundamental Rights (Part III: Article 12-35) ▪ According to the Supreme Court, even a ▪ According to the Supreme Court, even a private body or an agency working as an private body or an agency working as an instrument of the state falls within the instrument of the state falls within the meaning of state under Article 12. meaning of state under Article 12. ▪ Term ‘law’ in Article 13: Permanent laws enacted by the centre and state; temporary ordinance by the President; Statutory instruments of delegated legislation (executive legislation) like order; custom or usage having the force of law. Fundamental Rights (Part III: Article 12-35) ▪ Article 13(4) states that nothing in this article shall apply to any amendment of this constitution made under Article 368. (24th constitutional amendment, 1971) ▪ However, in the Kesavananda Bharati case (1973), the SC held that a Constitutional amendment can be challenged on the ground if it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.  Rights to Equality RIGHT TO EQUALITY: ARTICLE 14-18 ❖ Article ❖ Subject Matter Article 14 ❖ Article 14: The state shall not deny to any person “equality before the law” or the “equal protection of the laws” within the territory of India. ❖ Equality Before Law (British Origin + Negative connotation): ⮚ Absence of any special privileges in favour of any person; ⮚ Equal subjection of all persons to ordinary law of land administered by ordinary law courts; ⮚ No person is above the law. Rights to Equality Equal Protection of Law (American Origin + Positive notion): ⮚ Equality of treatment under equal circumstances, both in privileges conferred and liabilities imposed by the laws; ⮚ Similar application of the same laws to all persons who are similarly situated; ⮚ Like should be treated alike without any discrimination. ❖ Article 14 forbids class legislation, but it permits reasonable classification of persons, objects and transactions by the law (should not be arbitrary, artificial or evasive). ❖ Confers rights to all persons (citizens and foreigners) and includes Legal Persons. ❖ Rule of Law (by A V Dicey) (Basic feature of the Constitution): The concept of ‘Equality before Law’ is an element of the Rule of Law. Rights to Equality ❖ Rule of Law has 3 fundamental principles: The first and the second elements are applicable to the Indian System (the Constitution is the source of the individual rights) ⮚ Absence of arbitrary power - applicable to the Indian System. [UPSC 2021] ⮚ Equality before the law - applicable to the Indian System. ⮚ Primacy of individual rights - Not applicable, as the constitution is the source of individual rights. ❖ Exceptions to Equality: ❖ Art 361: The President of India and Governor enjoy few immunities. Rights to Equality ❖ Art 361-A: No person is liable for any civil or criminal proceedings in any court in respect of publication in the newspaper (or by radio/television) of a substantially true report of any proceedings of Parliament or the state legislature. ❖ Art 105: Parliamentary privilege of members of Parliament. ❖ Art 194: Privileges of members of the state legislature in the legislature or any committee thereof. ❖ Art 31-C: SC held that where “Art 31-C comes in, Art 14 goes out.” ⮚ It provides that the laws made by the state for implementing the directive principles contained in clause (b) or clause (c) of Article 39 cannot be challenged on the grounds that they are violative of Article 14. Rights to Equality ❖ Foreign sovereigns and diplomats enjoy immunity from criminal and civil proceedings. ❖ The UNO and its agencies enjoy diplomatic immunity. Article 15 ❖ Article 15(1): The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. ❖ The word ‘only’ connotes that discrimination on other grounds is not prohibited. ❖ Art 15(2): This provision prohibits discrimination both by the State and private individuals, while the former provision prohibits discrimination only by the State. ❖ Art 15(3) and 15(4): Foundational bricks of reservation system in the country. Rights to Equality ❖ Four exceptions to this general rule of non-discrimination: ⮚ The State is permitted to make any special provision for women and children. ⮚ For the advancement of any socially and educationally backward classes or for SCs and STs. ⮚ For the advancement of any socially and educationally backward classes of citizens or for SCs and STs regarding their admission to educational institutions, including private educational institutions, whether aided or unaided by the state except minority educational institutions. ⮚ For the advancement of any economically weaker section (EWS) of citizens. Rights to Equality Reservation for OBCs in Educational Institutions: O 93 ❖ Exception in Article200915 (5): The 93rd Amendment Act (2005) enacted Central Educational Institutions (reservation in admission) Act, 2006, providing quota for 27% reservation for the OBCs in all central higher educational institutions including the IITs and the IIM. ❖ The Supreme Court upheld the validity and directed the central government to exclude the ‘creamy layer’ (advanced sections) among the OBCs while implementing the law. Reservation for EWS in Educational Institutions: ❖ Exception in Article 15 (6) was added by the 103rd Amendment Act of 2019. 10% reservation to EWS in admission to educational institutions was introduced. ❖ EWSs who are not covered under any of the existing schemes of reservations for SCs, STs and OBCs. Rights to Equality Article 16 Equality of opportunity for all citizens in matters of public employment or appointment to any office under the state. ❖ No citizen can be discriminated against or be ineligible for any employment or office under the state on grounds of only religion, race, caste, sex, descent, place of birth or residence. ❖ Four exceptions to this general rule of Equality of opportunity: ⮚ Parliament can prescribe residence as a condition for certain employment or appointment in a State or UT or local authority or other authority (presently only in Andhra Pradesh and Telangana). ⮚ State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in state services. Rights to Equality ⮚ A law can provide that the incumbent of an office related to a religious or denominational institution or a member of its governing body should belong to the particular religion or denomination. ⮚ State is permitted to make a provision for the reservation of upto 10% of appointment of post in favour of any citizen belonging to EWS. ❖ 1953: The First Backward Classes Commission was formed under the chairmanship of Kaka Kalelkar. Rights to Equality ❖ 1979: under Article 340, Second Backward Classes Commission under the chairmanship of B.P. Mandal to investigate the conditions of the SEBCs (Socially and Educationally Backward Classes) and suggest measures for their advancement – ⮚ About 52%: Socially + educationally backward (excluding SCs and STs) ⮚ Reservation of 27% government jobs for the OBCs - total reservation would be 50%. ❖ 1990: V.P. Singh Govt. declared a reservation of 27% in government jobs for the OBCs. Rights to Equality ❖ 1991: Narasimha Rao Govt introduced two changes: ❖ Preference to the poorer sections among the OBCs in the 27% quota (economic criteria) ❖ Reservation of another 10% in jobs for poorer sections among the higher castes. ❖ SC in Indra Sawhney (1992), examined the scope and extent of Article 16(4): ⮚ It upheld the constitutional validity of 27% reservation for the OBCs with certain conditions. ⮚ Advanced sections among the OBCs (the creamy layer) should be excluded from the list of beneficiaries of reservation. Rights to Equality ⮚ Rejected the additional reservation of 10% for poorer sections. ⮚ Total reserved quota should not exceed 50% except in some extraordinary situations. ⮚ No reservation in promotions; reservation should be confined to initial appointments only. ⮚ Advanced sections among the OBCs should be excluded- creamy layer ⮚ ‘Carry Forward Rule’ in case of backlog vacancies is valid - should not violate the 50% rule. ⮚ A permanent statutory body should be established to examine inclusion-exclusion purposes. ❖ NCBC (National Commission Backward Classes) was established by an Act in 1993. It was accorded constitutional status by the 102nd CAA (2018) by inserting a new Article 338-B in the constitution. Rights to Equality Article 17 It abolishes ‘untouchability’ and forbids its practice in any form. [UPSC 2020] ❖ The Untouchability (Offences) Act, 1955 was amended in 1976 and renamed as “Protection of Civil Rights Act, 1955”. ❖ The phrase “Untouchability” is not defined either in the Constitution or in the act. ❖ Mysore High Court: The subject matter of Article 17 is not untouchability in the literal or grammatical sense but the ‘practice as it had developed historically in the country’. ❖ Exception: Does not cover the social boycott of a few individuals or their exclusion from religious services etc. Rights to Equality ❖ The Supreme Court, in the People’s Union For Democratic Rights case (1982), held that the right under Article 17 is available against private individuals, and it is the constitutional obligation of the state to take necessary action to ensure that this right is not violated. Article 18 It abolishes titles and makes four provisions in that regard: ❖ It prohibits the state from conferring any title (except a military or academic distinction) on anybody, whether a citizen or a foreigner. ❖ It prohibits a citizen of India from accepting any title from any foreign state. ❖ Foreigners holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the President. Rights to Equality ❖ No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument/office from/under any foreign State without the consent of the president. The Supreme Court in Balaji Raghavan Case (1996) upheld the constitutional validity of the National Awards–Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri. [UPSC 2021] SC ruled that these awards do not amount to ‘titles’ within the meaning of Article 18, which prohibits only hereditary titles of nobility - Maharaja, Raj/Rai Bahadur, Rai Saheb, Dewan Bahadur etc. ❖ They should not be used as suffixes or prefixes to the names of awardees. Otherwise, they should forfeit the awards. Rights to Equality ❖ National Awards were instituted in 1954. The Janata Party government headed by Morarji Desai discontinued them in 1977. But they were again revived in 1980 by the Indira Gandhi government. PYQs: 2021 PYQs Answer: A Exp: A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates Article 14 of the constitution. The Article 14 of the Indian Constitution denotes that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’. Rule of Law: The concept of ‘equality before law’ as enshrined in Article 14 of the Indian Constitution is taken from the concept of ‘Rule of Law’ propounded by A.V. Dicey. Rule of law is a legal principle that states that a country should be ruled by the law rather than by the arbitrary actions of particular government officials. Rule of law is part of the basic structure of the constitution. PYQs The ‘Rule of Law’ has 3 fundamental principles: ○ Absence of arbitrary power ○ Equality before law ○ Primacy of individual rights PYQs: 2020  PYQs Answer: D Exp: Articles 14 to 18 deals with ‘Right to Equality’– Equality before Law (Article 14) Prohibition of discrimination based on grounds of religion, race, caste etc. (Article 15) Equality of opportunity in matters of public employment (Article 16) Abolition of Untouchability (Article 17) Abolition of titles (Article 18) Hence, Protection against untouchability as a form of discrimination is a Fundamental Right under Right to Equality. PYQs: 2021  PYQs Answer: D Exp: Statement 1 is incorrect: A "title" refers to an attachment to one's name, such as a prefix or suffix (e.g., Sir, Nawab, Maharaja). In a democracy, the creation of titles and titular glories is discouraged as it goes against the principles of social equality. Article 18(1) of the Indian Constitution abolishes all titles and prohibits the state from conferring titles on any individual, whether they are a citizen or a non-citizen. However, titles like "Bharat Ratna," "Padma Vibhushan," and "Padma Shri" are not prohibited under Article 18 because they signify state recognition of exceptional work by citizens in various fields. Statement 2 is incorrect: No, the Padma Awards were suspended twice, not once, during the years 1978 and 1979, and 1993 to 1997: 1978 and 1979: The Padma Awards were suspended during these two years. 1993 to 1997: The Padma Awards were suspended during these years. Statement 3 is incorrect: The recommendations for Bharat Ratna are made by the Prime Minister himself to the President. No formal recommendations for this are necessary. The number of annual awards is restricted to a maximum of three(and not five) in a particular year. Recently in News Right to equality  Right to Freedom RIGHT TO FREEDOM: ARTICLE 19-22 ❖ Article 19(1): Guarantees to all citizens the six rights. These are: ❖ Right to freedom of speech and expression. ❖ Right to assemble peaceably and without arms. ❖ Right to form associations or unions or cooperatives societies. ❖ Right to move freely throughout the territory of India. ❖ Right to reside and settle in any part of the territory of India. ❖ (deleted by the 44th Amendment Act of 1978) Right to acquire, hold and dispose of property.  Right to Freedom ❖ Right to practice any profession or to carry on any occupation, trade or business. ▪ Originally, the Constitution provided for seven Fundamental Rights under Article 19. The right to property was deleted from the list by the 44th Amendment Act, 1978. ▪ It is made a legal right under Article 300-A in Part XII of the Constitution. So, at present, there are only six Fundamental Rights under Article 19. [UPSC 2021]  Right to Freedom ❖ The Supreme Court has ruled that a fundamental right under Articles 19 and 21 can be enforced even against private parties other than the State or its instrumentalities. ❖ States can impose reasonable restrictions on these 6 rights solely on the grounds mentioned in Article 19(2) itself and not on other grounds. Right to Freedom ❖ Article ❖ Subject Matter ❖ The Supreme Court held that freedom of speech contains the following rights: Article ⮚ Right to propagate one’s views as well as the views of others. 19 (1)(a) (Freedom of circulation.) Freedom of ⮚ Freedom of the press. Speech and ⮚ Freedom of commercial advertisements. Expression ⮚ Right against tapping of telephonic conservation. ⮚ Right to telecast, that is, the government has no monopoly on electronic media. ⮚ Right against bundh called by a political party or organization. ⮚ Right to know about government activities. Right to Freedom ⮚ Freedom of silence. ⮚ Right against imposition of pre-censorship on a newspaper. ⮚ Right to demonstration or picketing but not the right to strike. ⮚ Right to fly the national flag. ⮚ Right of voters to know the antecedents of the candidates contesting elections. ⮚ Right to choose the medium of instruction at the stage of primary school. ⮚ Right to express gender identity. ⮚ Right to reply (right to answer the criticism). ⮚ Right to post information/videos on the internet/ social media. ⮚ Right of film-makers to exhibit their films. Right to Freedom ⮚ Right to access the internet (right to access to information via the internet) ❖ Article 19(2): The State can impose reasonable restrictions on the following grounds: Friendly relations with foreign states (1st CAA, 1951); Incitement to an offence(1st CAA, 1951); Public order(1st CAA, 1951); Sovereignty and integrity of India (16th CAA, 1963); Defamation; Contempt of court; Security of the state; Decency or morality. Right to Freedom All Citizens have the right to assemble peaceably and without arms. ❖ Right to hold public meetings, demonstrations and take out processions. Article ❖ Permitted only on public land in a peaceful manner and without 19 (1)(b) arms. Freedom of ❖ Does not protect: Violent, disorderly, riotous assemblies or one that Assembly causes a breach of public peace or involves arms. ❖ Right does not include Right to Strike. ❖ Article 19(3) mentions reasonable restrictions on two grounds: Sovereignty and integrity of India; Public order, including the maintenance of traffic in the concerned area. Right to Freedom ❖ Section 144 (CrPC): Magistrate can restrain an assembly, meeting or procession involving the risk of obstruction, annoyance or danger to human life, health or safety or disturbance of public tranquility or riot or any affray – invoked on many instances to tackle Covid19. ❖ Section 141 (IPC): Assembly of five or more persons becomes unlawful if the objective is: ⮚ To resist the execution of any law or legal process. ⮚ To forcibly occupy the property of some person. ⮚ To commit any mischief or criminal trespass. ⮚ To force someone to do an illegal act. ⮚ To threaten govt officials on exercising lawful powers. Right to Freedom All citizens have the right to form associations or unions or cooperative societies: Article ❖ Right to Form: Political Parties + companies + partnership firms + 19(1)(c) societies + clubs + organizations + trade unions or any body of Freedom of persons. Association ❖ Includes the right to continue with the association. ❖ Includes negative right of not to form or join an association or union. ❖ Article 19(4) - Reasonable restrictions: Sovereignty of India + Integrity of India + Public order + Morality.  Right to Freedom ❖ Right to obtain recognition of association is not a fundamental right. ❖ Supreme Court held that trade unions have: ⮚ no guaranteed right to effective bargaining. ⮚ Have no right to strike. (It can be controlled by an appropriate industrial law.) ⮚ Have no right to declare a lockout. Every citizen has the right to move freely - Inter-state and Intra-state Article movement. 19(1)(d) ❖ Objective: Unity of india + promotes national feeling + no Freedom parochialism. of Movement ❖ Article 19(5) - Reasonable restrictions: Interest of general public + Protection of interests of any STs.  Right to Freedom ❖ Supreme Court: The movement of prostitutes can be restricted on grounds of - public health and morals. ❖ Article 19: Internal freedom of movement - right to move inside the country. ❖ Article 21: External freedom of movement - right to move out of the country. ❖ Every citizen has the right to reside and settle in any part of the Article territory of India. (Stay temporarily or set up a domicile at any place 19(1)(e) permanently.) Freedom ❖ Intended to remove internal barriers within the country. (to promote of Residence nationalism and avoid narrow-mindedness.) ❖ Article 19(5) - Reasonable restrictions: Interest of general public + Protection of interests of any ST.  Right to Freedom ❖ In many parts of the country, the tribals have been permitted to regulate their property rights in accordance with their customary rules and laws. ❖ Supreme court: Certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders. ❖ Right to residence and right to movement are complementary to each other. All citizens are given the right to practice any profession or to carry on any Article occupation, trade and business. 19(1)(g) ❖ Very wide: covers all means of earning one’s livelihood Freedom ❖ Article 19(6) - The State can impose reasonable restrictions on the of Profession exercise of this right in the interest of the general public. State is empowered to: Right to Freedom ⮚ Prescribe professional/ technical qualifications necessary for practising any profession or carrying on any occupation, trade or business; ⮚ Carry on by itself any trade, business, industry or service whether to the exclusion (complete or partial) of citizens or otherwise. ⮚ State is not required to justify its monopoly. ❖ Does not include: Right to carry on a profession or business or trade or occupation that is immoral or dangerous – state can absolutely prohibit these or regulate through licensing.  Right to Freedom Protection against arbitrary and excessive punishment to an accused person - Citizen, or foreigner or legal person like a company or a corporation. Article 20 ❖ No ex-post-facto Law (imposes penalties retrospectively): No person (Protection shall be convicted of any offence except for violation of a law in force in respect of at the time of the commission of the act nor subjected to a penalty conviction greater than that prescribed by the law in force at the time of the for offences) commission of an offence. ⮚ The limitation is imposed only with respect to criminal law, not civil laws or tax laws; ⮚ It cannot be claimed in case of preventive detention/demanding security from a person. Right to Freedom ❖ No Double Jeopardy: No one shall be prosecuted and punished for the same offence more than once. Available only on proceedings before a court of law or judicial tribunal (judicial bodies). Inquiries by Dept. or administrative authorities are exceptions. ❖ No Self-Incrimination: No person accused of any offence shall be compelled to be a witness against himself (oral and documentary evidence). It only extends to criminal proceedings and not to civil proceedings. It doesn’t extend to: ⮚ Compulsory production of material objects, ⮚ Compulsion to give thumb impression, blood specimen, ⮚ Compulsory exhibition of body. Right to Freedom No person shall be deprived of his life or personal liberty except according to the procedure established by law. This right is available to both citizens and non-citizens. ❖ Procedure established by law (borrowed from the Japanese Article 21 Constitution): The validity of a law that has prescribed a procedure (protection cannot be questioned on the ground that the law is unreasonable, of life and unfair or unjust. personal ❖ Due Process of Law (American concept): A doctrine that not only liberty) checks if there is a law to deprive the life and personal liberty of a person but also ensures that the law is made fair and just. [UPSC 2023] Right to Freedom Landmark Cases on Article 21 ❖ Gopalan Case (1950) ⮚ Protection under Article 21 is available against arbitrary executive action and not from arbitrary legislative action. Here the SC took a narrow interpretation of Article 21. ⮚ Personal liberty: only liberty relating to the person or body of an individual. ❖ Maneka Gandhi Case (1978) ⮚ Introduced ‘due process of law’: Protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action. Right to Freedom ⮚ The right to life and personal liberty of a person cannot be deprived by law provided the procedure prescribed by that law is reasonable, fair and just. ⮚ Right to life: Right to live with human dignity. ⮚ Personal liberty: Widest amplitude, and it covers a variety of rights that constitute the personal liberties of a man. ⮚ It is a wider interpretation of Article 21. ❖ KS Puttaswamy Case (2017) ❖ It held that privacy is a natural right that inheres in all-natural persons, and that right may be restricted only by state action if it passes each of three tests: ⮚ Such state action must have a legislative mandate;  Right to Freedom ⮚ It must be pursuing a legitimate state purpose; ⮚ It must be proportionate. ❖ Hadiya Case (2017): The Supreme Court held that “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”. [UPSC 2019] Rights as part of Article 21: 5. Right to shelter. 1. Right to live with human dignity. 6. Right to health. 2. Right to a decent environment, 7. Right to free education up to 14 years of including pollution-free water and air age. and protection against hazardous 8. Right to free legal aid. industries. 9. Right against solitary confinement. 3. Right to livelihood. 10. Right to speedy trial. 4. Right to privacy. [UPSC 2021, 2018]  Right to Freedom 11. Right against handcuffing. 22. Right of women to be treated with 12. Right against inhuman treatment. decency and dignity. 13. Right against delayed execution. 23. Right against public hanging. 14. Right to travel abroad. 24. Right to road in hilly areas. 15. Right against bonded labour. 25. Right to information. 16. Right against custodial harassment. 26. Right to reputation. 17. Right to emergency medical aid. 27. Right of appeal from a judgement of 18. Right to timely medical treatment in conviction government hospitals. 28. Right to family pension 19. Right not to be driven out of a state. 29. Right to social and economic justice 20. Right to a fair trial. and empowerment 21. Right of prisoner to have necessities 30. Right against bar fetters of life.  Right to Freedom 31. Right to appropriate life insurance 35. Right to opportunity. policy 36. Right to decent burial/cremation. 32. Right to sleep 37. Right to marry a person of one’s choice. 33. Right to freedom from noise pollution 38. Right to die with dignity. (passive 34. Right to sustainable development euthanasia). ❖ State shall provide free and compulsory education to all children of Article 21A the age of 6-14 years, in such manner as the State may, by law, (inserted by determine. the 86th CAA, ❖ This provision makes only elementary education a fundamental 2002) right, not higher or professional education. ❖ In pursuance of Article 21A, the Parliament enacted the Right of Children to free and Compulsory Education (RTE) Act, 2009 Right to Freedom ❖ In the Unni Krishnan case (1993), the Supreme Court recognized a fundamental right to primary education in the right to life under Article 21. 86th CAA (2002): Education for All is considered the “Dawn of the second revolution in the chapter of citizen’s rights” Other changes made by the 86th CAA, 2002 ❖ Article 45 in Part IV: The Directive principles of state policy – provision for free education ❖ Change after 86th CAA: The state shall endeavour to provide early childhood care and education to children until they complete the age of 6 years. ❖ Article 51A: It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of 6 and 14 years. Right to Freedom It grants protection to persons who are arrested or detained in certain cases. [UPSC 2023] ❖ Preventive detention: Without trial and conviction by court. ❖ Punitive detention: Punishment after trial and conviction. ❖ Article 22 (1): Confers the rights of a person who is arrested or Article 22 detained under an ordinary law. These include: ⮚ Right to be informed of the grounds of arrest; ⮚ Right to consult and be defended by a legal practitioner; ⮚ Right to be produced before a magistrate within 24 hours (excluding the journey time); ⮚ Right to be released after 24 hours unless the magistrate authorizes further detention. Right to Freedom ⮚ These safeguards are not available to an enemy alien or a person arrested or detained under a preventive detention law. ❖ Article 22(2): Grants protection to persons who are arrested or detained under a preventive detention law. ⮚ Available to both citizens as well as aliens. ⮚ The detention of a person cannot exceed three months unless the advisory board reports sufficient cause for extended detention. The board is to consist of judges of a High Court. ❖ Article 22 also authorizes the Parliament to prescribe circumstances and classes of cases in which a person can be detained for more than three months under a preventive detention law without obtaining the opinion of an advisory board; maximum period for which a person can be detained under a preventive detention law; procedure to be followed by an advisory board. Right to Freedom ❖ Parliament has exclusive authority to make a law of preventive detention with respect to defence, foreign affairs and the security of India. ❖ Both Parliament and state legislatures can concurrently make a law of preventive detention for security of state, maintenance of public order, supplies & services essential to community. No democratic country in the world has made preventive detention as an integral part of the Constitution as has been done in India. https://drive.google.com/file/d/1u3E ynzaBv6wftT7WFFq- fIrVxcJd1S7E/view