Polity Class 9 PDF

Use CODE Y565 For All Course And Y565S for Books & test series Polity Class –9  Use CODE Y565 For All Course And Y565S for Books & test series DEFINITION OF STATE The term ‘State’ has been used in different provisions concerning the fundamental rights....

Use CODE Y565 For All Course And Y565S for Books & test series Polity Class –9  Use CODE Y565 For All Course And Y565S for Books & test series DEFINITION OF STATE The term ‘State’ has been used in different provisions concerning the fundamental rights. Hence, Article 12 has defined the term for the purposes of Part III. According to it, the State includes the following: a) Government and Parliament of India, that is, executive and legislative organs of the Union government. b) Government and legislature of states, that is, executive and legislative organs of state government. c) All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc. d) All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.  Use CODE Y565 For All Course And Y565S for Books & test series Thus, State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights. According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.  Use CODE Y565 For All Course And Y565S for Books & test series 1. Equality before Law and Equal Protection of Laws Article 14 says 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 of British origin while the concept of ‘equal protection of laws’ has been taken from the American Constitution. Exceptions to Equality -- President of India and the Governor of States, MPs and MLAs, foreign sovereigns (rulers), ambassadors and diplomats  Use CODE Y565 For All Course And Y565S for Books & test series 2. Prohibition of Discrimination on Certain Grounds Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. The two crucial words in this provision are ‘discrimination’ and ‘only’. The word ‘discrimination’ means ‘to make an adverse distinction with regard to’ or ‘to distinguish un-favourably from others’. The use of the word ‘only’ connotes that discrimination on other grounds is not prohibited.  Use CODE Y565 For All Course And Y565S for Books & test series Four Exceptions (a) special provision for women and children. For example, reservation of seats for women in local bodies or provision of free education for children. (b) special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes. For example, reservation of seats or fee concessions in public educational institutions. (c) special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.  Use CODE Y565 For All Course And Y565S for Books & test series (d) special provision for the advancement of any economically weaker sections of citizens. Further, the state is allowed to make a provision for the reservation of up-to 10% of seats for such sections in admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.  Use CODE Y565 For All Course And Y565S for Books & test series 3. Equality of Opportunity in Public Employment Article 16 provides for equality of opportunity for all citizens in matters of 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 a) Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority. b) The State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in the state services. c) A law can provide that the incumbent of an office related to religious or denominational institution or a member of its governing body should belong to the particular religion or denomination. d) The state is permitted to make a provision for the reservation of upto 10% of appointments or posts in favour of any economically weaker sections of citizens.  Use CODE Y565 For All Course And Y565S for Books & test series 4. Abolition of Untouchability Article 17 abolishes ‘untouchability’ and forbids its practice in any form.  Use CODE Y565 For All Course And Y565S for Books & test series 5. Abolition of Titles Article 18 abolishes titles and makes four provisions in that regard: (a) It prohibits the state from conferring any title (except a military or academic distinction) on any body, whether a citizen or a foreigner. (b) It prohibits a citizen of India from accepting any title from any foreign state. (c) A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the president. (d) No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument or office from or under any foreign State without the consent of the president.  Use CODE Y565 For All Course And Y565S for Books & test series 2. Right to freedom (Articles 19–22) (a) Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 19). (b) Protection in respect of conviction for offences (Article 20). (c) Protection of life and personal liberty (Article 21). (d) Right to elementary education (Article 21A). (e) Protection against arrest and detention in certain cases (Article 22).  Use CODE Y565 For All Course And Y565S for Books & test series 1. Protection of Six Rights Article 19 guarantees to all citizens the six rights. These are: (i) Right to freedom of speech and expression. (ii) Right to assemble peaceably and without arms. (iii) Right to form associations or unions or co-operative societies.10a (iv) Right to move freely throughout the territory of India. (v) Right to reside and settle in any part of the territory of India. (vi) Right to practice any profession or to carry on any occupation, trade or business. Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44 th Amendment Act of 1978.  Use CODE Y565 For All Course And Y565S for Books & test series Protection in Respect of Conviction for Offences Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation. It contains three provisions in that direction: (a) No ex-post-facto law: (b) No double jeopardy: (c) No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.  Use CODE Y565 For All Course And Y565S for Books & test series Protection of Life and Personal Liberty Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.  Use CODE Y565 For All Course And Y565S for Books & test series Right to Education Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine.  Use CODE Y565 For All Course And Y565S for Books & test series Protection Against Arrest and Detention Article 22 grants protection to persons who are arrested or detained. Detention is of two types, namely, punitive and preventive. Use CODE Y565 For All Course And Y565S for Books & test series Thanks