Tuesday, July 15, 2014

Article 12 to 14 & Limitations on Fundamental Rights - Audio Lecture Part 2

In this Audio Lecture Limitations on the Fundamental Rights have been detailed. The provision of limitation on the fundamental rights that have been extended to the citizens of India under Article 19, Article 21, Article 15 & Article 16 has been made by the constitution makers and periodic rulings of the Honourable Supreme Court of India for the maintenance of law and order & also for the upliftment of socially and economically backward classes of India. 

There are six classes of Fundamental Rights in Part 3 of the Constitution. 

1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

In this Audio the introduction to all of the above i.e Right to Equality, Right to Freedom, Right against Exploitation, Right to freedom of Religion, Cultural and Educational Rights & Right to Constitutional Remedies. The writ jurisdiction of the Supreme Court has been explained. All the important amendments that have been made by the Union Government regarding Article 12,13 & 14 have been explained. 

Doctrine of Eclipse - This particular doctrine says that a law that is overridden by a subsequent law does not cease to exist. It only goes into dormancy. Once the overriding law is diluted or deleted, the earlier automatically comes into operation.

Rule of Law - Rule of Law means everything goes strictly in accordance with the law laid down in the Constitution of the particular country. It means no one is above or below the law. Everyone is equal in the eyes of the law.   

Article 12 of the Indian Constitution states that -

"Definition In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India"

Article 13 of the Indian Constitution states that -

Laws inconsistent with or in derogation of the fundamental rights

The State shall not make any law which takes away or abridges the rights conferred by this part and law made in contravention of this clause shall, to the extent of the contravention, be void.

The word "law" includes ordinance, order, bye law, rule, regulation, notification, custom or usages having in the territory of India the force of law.

Nothing in this Article shall apply to any amendment of this Constitution made under Article 368

Article 14 of the Indian Constitution states that -

Equality before law 

"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth"

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