Fundamental Rights And Caa

Front 1

70 CAA . 1992

Back 1

SLA included in electoral college (presidential elec)

Front 2

A13

Back 2

JR of FR (explicity)

Front 3

A13(2)

Back 3

any "LAW" => one or more FR => Unconsti and Void

Front 4

1st CAA

Back 4

1) Changes to A19 & A31

2) introduce 9th schedule

Front 5

24th CAA, 1971

Back 5

1) Changed title of A368

2) Intro clause 3 in A368

3) Introduced A13 (4)

Front 6

42 CAA, 1976

Back 6

1) Intro class 4 (cannot be challanged) & 5 (unlimited) to A 368

2) Amend A31 (c) => DP > 3 FR (Wholesome)

3) freeze state's share of seats in LS

Front 7

A 14-18

Back 7

Rt to Equality

Front 8

A19-22

Back 8

Rt to freedom

Front 9

A23-24

Back 9

Right against Exploitation

Front 10

A25-28

Back 10

Rt to religious Freedom

Front 11

A29-30

Back 11

Cultural and Educational Rights

Front 12

A32

Back 12

Rt to constitutional Remedies

Front 13

A15(1)

Back 13

Prohibits discrimination discrimination againsts citizens => grounds R, R, C, S or POB

Front 14

A15(2)

Back 14

FR to citizens to access public places
Enforceable both against state and indiv

Helps fight untouchability along A 17

Front 15

A15(3) (4) (5)

Back 15

Special favours for certain sections
No FR to citizens => Power to state => W, C & BC => Discretion

EPOL

Front 16

A 15(1) (2)

Back 16

Equality before law

Front 17

A15(3)

Back 17

Provisions for women and children (not "BY law")
Allows sex to be only ground

Front 18

A15 (4)

Back 18

By 1 st CAA, 1951

Special Provisions "by law" Socially and educationally backward classes (not private)

Front 19

A15 (5)

Back 19

by 93 rd CAA

Special provsisions for S&E backward => Reservations => BC => Education insti only (including pvt)

Front 20

A16

Back 20

FR => Citizens => against discrimination in Public employment =

Front 21

A16(1)

Back 21

equality of opp. to all citizens in PE

Front 22

A16 (2)

Back 22

Not discriminate => Grounds R, R, C, S, Desecent, POB, residence or any of them

Front 23

A16(1) & (2)

Back 23

FR against discrimination + obligation on state

EBL

Front 24

A16 (3) (4) (4A) (4B)

Back 24

No FR against on citizens

No FR of Reservations (only discretion)

no obligation on state

EPOL

Front 25

A16 (3)

Back 25

by law => Residence as sole ground for qualification

provisions under it Can't be permanent

Front 26

A16(4)

Back 26

Special Provsisions for BC of citizen in PE

Front 27

77 CAA, 1995

Back 27

A16 (4A) => Reservation of promotion for SC/ ST

Front 28

117 th CAA bill, 2012

Back 28

amend A16(4A) => Nothing in A 16 (4) & A 335 shall prevent state from making special provsions in matter of PE for SC & ST

Front 29

81 CAA, 2000

Back 29

Introduce A 16(4B) => Vacancies remain separate

Front 30

A17

Back 30

Abolishes Untouchability in all forms

Front 31

A18

Back 31

Prohibits creation => artificail distinctions

promote social equality

Front 32

A18 (1)

Back 32

Prohibits state (not indivi) confer titles in nature of knight hood

Front 33

A18 (2)

Back 33

Prohibits Indian citizen , titles from foreign states (not foreign awards)

Front 34

A18 (3)

Back 34

Prohibits foreigners (in service of gov) recieveing titles from state without conforming Presi

Front 35

A19 (1)

Back 35

6 FR (democratic rights) => essential

Citizens only

Automatically suspended during national emergency (war or external agression) | NE, ground armed rebellion (int emerg) => not auto matically but Presi can

Front 36

A19 (1) A

Back 36

Freedom of speech and expression

SC => in alienable adjunct to RTL (A21)

Composite right (express, choose, access, elections choice, negative vote-2013, political dissent)

Front 37

Grounds of Restriction for A19 (1) A

Back 37

Security, Sov, TI, FR, M , PO, D , general public, privacy, COC, Defamation

Front 38

A19 (1) B

Back 38

Assemble peacefully, without arms

Corollary (derived from A19 (1) A)

Same gounds of restriction

Front 39

A19 (1) C

Back 39

Associations, unions & cooperatives (97 CAA, 2011)

but not rt to strike (statutory)

Front 40

A33

Back 40

Parlia => by law => can restrict A19 (1) C, to SOS, L &O (P, N, A) => AF, Paramilitary, State police

even CS associted with these forcesdenied

Front 41

A19 (1) D

Back 41

FR to movement throughoutm only 1 (within) condition of 3 dimensions (within, abroad, return)

Similary restrictions

Front 42

A19 (1) E

Back 42

FR to reside and settle throughout (corollary)

Front 43

A 19 (1) g

Back 43

FR to avocation (choose)

State can take over

Not allowed (betting, gambling, lottery, liqour , M lending)

Front 44

A 20

Back 44

all individuals => protection in respect of convictions

cannot be suspended during NE

3 protections (Post facto, double jeopardy, self incrimating evidence)

Front 45

A 20 (1)

Back 45

cannot make act as criminal offence with retrospective effect (only criminal leg.) => civil leg. can be give retrospective effect

Front 46

A 20 (2)

Back 46

no punsih for same offence twice => only against criminal courts not civil courts and non judical bodies

Front 47

A 20 (3)

Back 47

cannot be compelled to witness against himself

Police => can't compel => confection statement => can't use in COl => volunatry before JM ok

Not prohibit police => Can compelling for sign, sample, DNA...

Front 48

A21

Back 48

All individuals => Rt to life and personal liberty

(cannot take => without PEBL)

Largest inferred rights

right central

backbone of P3 & P4

Front 49

Rights under A 21

Back 49

primary education

privacy

leisure

cruel punsihment

handcuffing

solitary confinement

delayed execution

denial of wages

arbitary dismissal

abroad and return

clean & liveable eniv

livelihood

corruption free admin

Front 50

A21 A

Back 50

all children (6-14) => free and compulsory education

Front 51

86th CAA

Back 51

1) A21 A

2) Amend A45 (early childhood care upto 6 years)

3) 11th FD U/A 51 A => duty of parents/G => 6-14

Front 52

A22

Back 52

Proetction against arrested dentention

Not FR against Arrest

Protections (without informing, not merly on suspision, women, legal practioner, JM, not beyond)

not to enemy areas + preventive dentetion

Front 53

A23 (1)

Back 53

Prohibits trafficking in HB, Begar and other forms forced labour

Front 54

A23 (2)

Back 54

exception to A 23(1)

froce in public interest but don't show discrimination on grounds ( R, R, C, Class, or any of them)

Front 55

A24

Back 55

Prohibits employment of children (below 14 years) in hazardous industries not in non hazardous

Front 56

A 25 (1)

Back 56

FR to religion to all individuals

includes ( C, PPP)

Front 57

A26

Back 57

Rt of religious denomination

includes (establish and maintain,manage, acquire, own - manage property)

reasonable restrictions => grounds (PO & M & Health)

Front 58

A 27

Back 58

prohibits tax levy + collection + can't use promo particular religion

Truley spells out secular charater of state

can patronize all religion equally

Front 59

A 28

Back 59

Religious teachings

4 cat of EI ( Whole O&M, Private aid, private recog, adim - E or Charitable)

1 - not | 2&3 - can but not compulsory | 4 - compulsory

Front 60

A29 (1)

Back 60

Rt to conserve distict language, culture script

both religious and lingustic comm.

importance of composite culture

Front 61

A 29 (2)

Back 61

No citizen deny admin => EI => wholly and partially or aid => grounds (R, R, C, Language or any of them)

Front 62

A 30

Back 62

Right of minority community

religious and liguistic minority (Not racial or ethinical minority)

Front 63

A 30(1)

Back 63

Rt of MC estabish and aminister EI

Front 64

A 30 (1A)

Back 64

Rt to property as FR to min. comm

state can over take => due compensation

Front 65

A 15 (5)

Back 65

Reservation policy of govt. not applicable to M EI

Front 66

A 32 (1)

Back 66

FR to all individuals => approach directly to SC (FR violation)

Front 67

A 39 (b)

Back 67

Material resources => benefit all sections

Front 68

A 39 (c)

Back 68

Not wealth in fewer hands

Front 69

A37

Back 69

DP are not enforceable in COL

Front 70

25 th CAA, 1971

Back 70

intro A31 (C) => 2 DP > 3 FR

Front 71

44 CAA 1978

Back 71

removed A 31 from FR

Front 72

92 CAA

Back 72

add of 4 languages to 8th schedule => 22 languages

Front 73

95th CAA

Back 73

President => 2 anglo Indian in LS (till 2020)

Front 74

84 th CAA

Back 74

Fresh delimitation based on 1991 census

Front 75

Sec. 15 of 44 CAA

Back 75

20 june (prior to that As per HOC in B)

Front 76

24th CAA

Back 76

President need to give assent to CA bill