15 (R) POLITY RAVINDRAN SIR

NOTES MADE BY AKASH 7589157201 {M-1 BATCH STUDENT 2024-25}
the cabinet only not by the parliament or state

(R) POLITY BY RAVINDRAN SIR legislature
Study Material 8. Personal laws like last made by the religious
1. Class Notes
community for marriage divorce adoption of
2. Vol-I & Vol-II = Yellow Books
3. Constitution at Work – XI NCERT children by the sikhs Muslims Hindus for example
4. Newspaper + Recitals + CA Lectures Muslim personal law.
5. Laxmikant  They regulate only 4 issues :- Marriage ,
Divorce ,Adoption of Children , Inheritance of
 CONSTITUTION property
1. legal document of people’s faith & Aspirations
 NOTE:-
2. has special legal sanctity
 So number 1 is supreme law of the land that
3. has ideals (faith/values) and aspirations (goals) of
people is the constitution
4. Ideals means by which way they achieve  2to 8 are inferiors laws of land = they
constitution (like by sovereign, socialist, secular , conform to the constitution, they cannot
democratic, republic means / ways) conflict with the constitution.
5. Aspirations means with what goals constitution
formed like justice, Liberty ,fraternity (like justice  WHAT IS CONSTITUTION
for all, liberty for all, equality of opportunity ,  Highest / Supreme law of Country. It is also called
status ) organic law (that establishes administrative
6. It is the supreme law of the land (law of the land structure / system is called organic law). It
means the sum total of all the laws to administer
provides vertical structure i.e. centre, state, local
the country)
govt.
 LAWS OF LAND (TOTAL 8 IN GENERAL)  It is an organic law that creates an administrative
1. Constitution:- Highest /Supreme law of Country.
structure in original manner in the form of centre
It is also called organic law (that establishes
administrative structure / system is called organic like executive ,judiciary, legislature as well as in
law). It provides vertical structure i.e. centre, the form of state like executive, judiciary,
state, local govt. legislature and in the form of local self
2. Statutory laws- made & enacted by the administration like Panchayat where elected
Parliament (legislature) under state legislation. Panchayat is the legislature and its president is
they are permanent in nature. for example IPC, the executive head and its judiciary is the Nyaya
CRPC, CM (P) Act, MTP Act
panchayat that means village courts
3. Ordinances- announced by the president,
governor, executive whenever there is a need for  Constitution has special legal sanctity means
an immediate need of law and Parliament is not authority only whereas other laws enjoy merely
in progression some sanctity
 they are temporary in nature  Constitution drives it's power directly from the
4. Judicial decisions by the supreme court and high people and all other laws drive their power from
court not by subordinate courts. E.g : Right to the constitution
privacy (has been brought into existence by SC
 Legal relationship - constitution makes people
under Art 21 in Right to Life)
5. Applicable provisions/Rules of the international and the government a legal relationship it means
law for example charter law if matter is a citizenship
bilateral then they are applied a nation can reject  No constitution- no administration- no peace-no
it . E.g Indus water Treaty 1960 , bilateral treaty state only Chaos so constitution is must to be a
agreements b/w India and other sovereign political unit. Constitution is the central to the
country existence and centre to functioning of India as a
6. Bye laws- made by inferior legislature like Union.
Panchayat and municipalities  Personal laws are challengeable in the court that
7. Rules, regulations ,notifications, orders , is why right to property was put out of the
directions issued by the executive government fundamental rights
for example new IT rules 2021. They are issued by Class 1st Ended, 2nd Starts
NOTES MADE BY AKASH 7589157201 {M-1 BATCH STUDENT 2024-25} 1

 CLASSIFICATION OF CONSTITUTION 11. Written Constitution is governed less by
conventions and more by its own provisions
WRITTEN AS WELL AS UNWRITTEN
State = Territory, Population, Government,
A. CONSTITUTION THAT IS WRITTEN Independent are organised in a structural manner
1. Codified Provisions:- Provisions have been
codified into single legal-Example Indian
B. UNWRITTEN CONSTITUTION (Mainly UK)
1. In UK, NZ, Israel
constitution
2. Non-Codified Provisions:- Provisions are not
2. Enacted constitution means constitution brought
been codified in a single legal document.
into existence via single authority for example in
Provisions are scattered over many sources not in
India it was constituent assembly
one organised manner
3. Definite beginning :- It has a definite beginning in
3. Evolved Constitution:- Evolved out of multiple
terms of time for example 26th November 1949
sources made by not a single authority but it was
Indian constitution and 20th March 1789 USA
the constitution of many. For Example:-
constitution- 395 Articles on 26th November
a) Magna Carta means 1215 AD (the great
1949
charter) as the main source of UK
4. First constitution then executive legislature
constitution 265 of Indian constitution also
judiciary all are created by the constitution
has provisions of Magna Carta
means first constitution emerged than it created
b) Parliament was another source because it
the parliament
was thousand years old (house of laws) in UK
5. Constitution is supreme
that they have parliament
6. Wider powers of the judiciary as it can declare a
 Judiciary cannot declare law or action of
law by executive and legislative as void and
legislative as void but can declare in case of
unconstitutional
executive so judiciary enjoy restricted powers
7. Doctrine of judicial review is well established in
 It cannot enjoy power of judicial review
written constitution . for example in Indian
against parliament but the judicial review
constitution
doctrine is a partially established
8. Rigid/flexible or both :- USA constitution is rigid
c) Historical accidents are another source for
constitution because there the Congress passes
UK Constitution
the amendment Bill if needed with two third of
4. Parliament evolved first then the constitution so
the majority that is special majority then ratified
constitution is largely the creation of the
(legal approval) by ≤ 3/4 of the 50 states majority
parliament in UK
it is must. They have to give approval also on
5. Parliament is supreme not the constitution in UK
constitutional amendment Bill, so two authorities
6. Restrictive Powers of Judiciary:- Judiciary cannot
(federal + State authority) play role in USA for
declare law or action of legislative (Parliament) as
amendment in the constitution that is why it is
void but can declare in case of executive so
really a rigid constitution
judiciary enjoy restricted powers
 Whereas Indian constitution is very bulk in nature
7. Partially Provided Judicial Review:-It cannot
but can be amended by two third of the special
enjoy power of judicial review against parliament
majority of the parliament (alone, single
but the judicial review doctrine is a partially
authority makes constitution flexible) ,so is little
established
bit flexible but in some cases there is like related
8. Flexible in nature
to state matters the majority of the parliament
9. Unitary in nature
that is 2/3 is a required with the majority of the
10. No marked distinction between constitution &
one third of the legislative assembly also which
other laws. Means, Every law made by
makes it rigid (as two authorities get involved)
parliament becomes part of constitution
9. Federal and unitary in nature e.g = India, Nepal
11. Unwritten Constitution is governed More by
10. Marked distinction between constitution and
conventions and less by provisions it is run
other laws, e.g distinction among constitutional
laws, statutory Laws, ordinances, personal laws
 MAJORITIES GIVEN U/CONSTITUTION 2) Simple / Working / Default Majority /
 Majorities are calculated on the basis of Functional Majority
membership of the houses  Majority of more than 50% of the Members
 Total elected members in LS = 543 present and voting in the house
 530= states  No proxy is allowed in any entre and state
 13 = UT legislature.
 Before 17th LS, 2 nominated from anglo-India,  Let say on a day, 500 members are present in
but in 17th this was not given as it is not house and after discussion , 498 are present and
compulsory under constitution vote on the business
 Constitution says LS elected limit should not  LS = more than 50% of 498 = 250 or more
exceed 550 [maximum strength], it doesn’t  So Simple Majority is variable and keeps on
fix exact figure, power is given to parliament changing
(by law it can fix)  Where is simple majority needed :-
 Total elected members in RS = 245 (233+12) a) For the passage of a no confidence motion ,
 Constitution says RS total membership confidence motion, vote of thanks to the
should not exceed 250, it doesn’t fix exact president’s address, censure Motion etc
figure, power is given to parliament  The continued working of the govt is dependent
 Constitution provision:- on simple majority so it is called working majority
 Maximum strength LS:- 530+20= 550 (no confidence, confidence motion make it
 Maximum strength RS:- 238+12= 250 possible by simple majority)
 Statutory Provision  vote of thanks to the president’s address when
 Total strength LS:- 530+13= 543 passed by simple majority it amounts to
 Total strength RS:- 233+12= 245 confidence motion and govt can continue
 Quorum:- minimum number of members working, but if it is defeated , govt has to resign
present in a house for the house to run business  Censure motion is introduced/ initiated by the
legally [House sit & Transact]. opposition in LS, seeks to reprimand a minister
 Article-100:- In parliament it is 1/10th of the for his policies. Means, to find fault in something
total strength of the house against a single minister or group of minister but
 LS Quorum = 54 members (Not including not against the council of ministers, and if it is
presiding officer speaker or deputy speaker, passed the only minister has to resign
so it is 54+1) b) for the passage of ordinary, money & Financial
 RS Quorum = 25 (Chairman or presiding bills (Note:- The constitutional amendment bill
officer is also not included in this, so 25+1) needs special majority)
 FOUR TYPES OF MAJORITIES c) For the election of Speaker, deputy speaker in LS
,and Deputy chairman in RS
1) Absolute Majority d) For the passage of a resolution by both the
 Majority of more than 50% of the total strength houses of parliament for the continuous of
of the house president rule and financial emergency (Note:-
 LS = More than 50% of 543 = 272 or More National emergency is passed by special majority,
 RS = More than 50% of 245= 123 or More however, if it is to be discontinued it only needs
 Where is it needed:- by itself it is not needed, but simple majority)
it always needed in association with one more e) For the passage of a resolution passed by LS for
type of majority. the disproval of the continuance of national
 So it is not used frequently in Parliament . legally emergency
it is not very important but politically it is very f) Wherever the constitution doesn’t specify the
important like BJP got 303 MPs in LS (absolute majority needed , it is presumed to be simple
majority in general elections), so they have majority
political stability.

 E,g :- Art 368 says that a CAA has to be passed by b. More than 50% of the total strength of the
a special majority by both the houses and house (Note:- it is an absolute majority)
thereafter it shall be ratified by not less than half  Therefore special majority type-I + Absolute
of the state legislature (here in case of states it is majority together constitute special majority
presumed to be simple majority) Type-II
 Art 67 (b) a Vice President may be removed from  Example:- let us assume in LS=365 members are
his office by a resolution of the council of States present and after discussion , out of this 360 are
passed by a majority of all, and in RS it has to be present and vote on issue
passed by effective majority and thereafter it  ≤ 2/3 ×360 = 240 vote favouring motion
must be approved by majority in LS (so in LS  So figure 240 must satisfy not only condition
simple majority is used as exact majority is not (a) but also condition (b), but here it doesn’t
mentioned in constitution) satisfy the condition (b), so motion gets
3) Effective Majority defeated in the house
 Effective strength of House = {Total strength of  Where is it needed:-
the House – Vacancies} a. For the passage of Constitutional
 Effective Majority = More than 50% of effective Amendment Bill (CAB) in the parliament
strength of House (means in both the houses)
 E.g , let say there are 7 vacancies in RS , so b. u/A 169= For the passage of a resolution
Effective strength of RS = 245-7= 238 passed by a state legislative assembly (not
 Effective majority in this = (238 /2)+1 = 120 the upper one) seeking to create or abolish
 Where is it used the state assembly council (Vidhan Parishad)
a) u/A 67 (b) for the removal of Vice president in RS {and thereafter the parliament by law creates
(only) or abolish the state legislative council, but
b) for the removal of speaker & deputy speaker in the initiation has to come from state
LS ,and Deputy Chairman in RS (only) legislative assembly}
c. for a passage of a resolution in both the
4) Special Majority
houses of the parliament seeking removal of
 It is further of three types
a) judge of the supreme court
a) Special majority type-I b) judge of a HC
 It means a majority of not less than 2/3rd of the
c) CAG of India
members present and voting in the house
d) CEC of India
 E.g , out of 245 members, let say 242 are
e) SEC (State Election Commissioner)
present and out of these 240 are present
 These constitutional authorities are
and vote after discussion
rd
removed by president but he needs the
 So special majority ≤ 2/3 × 240 =160 or
approval of the parliament by special
more
majority
 Where is it used
d. For the passage of a resolution by both the
a. u/A 312 = for the passage of a resolution in
houses of a parliament for the approval of
the RS approving the creation of an All India
the continuation of a National Emergency
Service
c) Special Majority Type-III
b. u/A 249 = for the passage of a resolution
 Majority of not less than 2/3rd of the total
passed by the RS approving the parliament to
strength of the house
legislate on a subject given under the state
 LS = ≤ 2/3×543 = 362 or more
list (61 subjects)
 RS = ≤ 2/3 ×245 = 164 or more
b) Special Majority Type-II as u/A 368  toughest majority needed under the constitution
 Majority of
 Where is it needed
a. Not less than 2/3rd of the members present &
a) For the impeachment of the president in
Voting in the house(seen u/A 312, 249) And
both the houses of the parliament

 Where the members of the house are  CIVIL RIGHTS
subject to disqualification if they don’t  One that are considered to be essential for the
vote:- free & complete development of an individual to
 For the passage of a no confidence motion , realise his full potential. Because without these
confidence motion, vote of thanks to the rights, a civilized existence is not possible in the
president’s address, censure Motion etc , the society
simple majority is needed  Enjoyed by person in his individual capacity not
 A political party has its Whip issued on these 4 as the member of group such as Citizenry
occasions and if it is binding and the members  For example right to :- life & liberty ,free speech ,
vote against the direction of whip issued by their ,free movement, religion ,equality ,Right against
party, they will be disqualified under Anti- discrimination, Right to form associations etc
Defection law  Included under Part-III u/ Fundamentals Rights
Class 2nd Ended, 3rd Starts  Fundamental rights are largely civil rights
 WHAT IS RIGHT  POLITICAL RIGHTS
 It is a claim that is due to any person based on a  Right that Allows a person to participate in
fair , just or reasonable demand or such a claim is administration of country
supported by moral or ethical principles  Enjoyed by a person not in his individual capacity
 Right emerges over a long period of time means but as a member of a group called citizenry
it evolves, it original originated as an idea in  Given u/A:- 325,326 of Indian constitution
minds of scholars  For example rights to vote, contest election
 Is duty is guaranteed under law it is a legal right, ,Right to occupy public office such as president
otherwise it is a moral right vice president, ministers , judges etc
 WHAT IS DUTY  SOCIAL RIGHTS {Part-III, IV}
 Duty is an obligatory task or service that arises  Rights which are essential to establish social
out of one’s position equality and equality of status among people
 Is duty is guaranteed under law it is a legal duty ,  Found both under Part-III and Part-IV of the
otherwise it is a moral duty constitution
 Like in Bihar Not drinking alcohol is a legal duty  Right against slavery consists of right against
untouchability (Art 17) ,provision of state to
 HUMAN RIGHTS confer titles [abolition of titles Art 18] , right
 Which are considered to be essential for a man to against exploitation(Art 23 & 24), Elimination of
lead a dignified human existence in the society inequalities in status (Art 38)
 They are moral rights unless they are guaranteed
under law then they become legal rights for
 ECONOMIC RIGHTS {PART IV}:-
example right to statehood means citizenship.  given to establish welfare state in a country, and
 What is man egalitarian society in the country
 Man is biological entity
 Promote Equitable distribution of material
 Lived in nature or wild having no rules
resources
 Enjoy is right to licence means do anything
 Promote Prevention of a concentration of wealth
without responsibility like anyone can kill or in a few hands {Art 39 (c) }
get killed  Promote equitable justice & Distributive justice
 Provided in DPSP under Part-IV and are not
 Who are humans
legally Binding
 Man begin to live in society so now man
 Examples:- Right to minimum wage, Right to
become a sociological entity (Human)
employment, Participation of workers in
 So there is no right to license means for
management of industries
security and dignity the rights are protected
 Right to drop a child
of everyone so they have to follow the rules


 NATURAL RIGHTS b) Labour rights means right to strike or right to
minimum wages
 Enjoyed by individuals by virtue of having being
c) Right to legal aid-Given under the legal
born in this world
services Authority Act 1987
 E.g:- right to life and freedom, right to equality,
d) Right to enforce a contract under Indian
right to free speech, right to form association,
contract Act 1872
right to freedom of movement, right to religion
e) Right to employment like MGNREGA scheme
 They are moral rights unless they are guaranteed
means minimum 150 days of the work below
under law , by then they become legal rights.
BPL
 largely fundamental rights u/ indian constitution
f) Right to marry
 LEGAL RIGHTS g) Right to inheritance
 Rights guaranteed under law h) Right to adopt Child
 Operates in Public domain  Note:- { 2) + 3) }= all together called as Other
 Violation of it creates legal obligations & violator can
Legal Rights as they are not fundamental rights
be punished in a court of law
 Legal rights are enforced by Court of Law  DIFFERENCE B/w FUNDAMENTAL
 CLASSIFICATION OF LEGAL RIGHTS RIGHTS & OTHER LEGAL RIGHTS
WHICH ARE ENFORCEABLE IN LAWS  Under the constitution if fundamental rights are
violated then the aggrieved individual (means
 They are of two types
suffered individual)l can approach supreme court
a) Constitutional rights
directly by filling a writ petition Under Article-32
a. Fundamental rights
of the constitution
b. Other constitutional rights
 Whereas on the other hand if other legal rights
b) Non constitutional rights
are violated then the suffered individual cannot
A. CONSTITUTIONAL RIGHTS (two types) approach the supreme court directly for
 the rights which are inside the constitution they
enforcement but he can either approach the high
are divided into two parts one fundamental
court by filing a writ petition under Article-226 or
rights part 3 and second other constitutional
the subordinate court by filing ordinary legal suit
rights out of part 3 of the constitution
 In general writ petition is filed against govt (not
1) Fundamentals rights :- Fundamentals rights are
private entities because govt has the potential to
legal rights , note it
violate our fundamental rights
2) Other constitutional rights out of part 3
1. Right not to be taxed without authority of  MEANING OF THE TERM STATE
law [Article 265] 1. Article 12 tells context of the meaning of state
2. Right to property u/A 300-A (Constitutional 2. In legal sense- state means sovereign and
Right) independent country so India is a state
3. Right to freedom of interstate trade and 3. In Federal sense that means state is a unit of
commerce u/A 301 federation of federal state like India in India
4. Right to universal suffrage Article 325 Odisha is a state
5. Right to adult suffrage Article 326 4. In Administration sense -any authority that
B. NON CONSTITUTIONAL RIGHTS exercise governmental or administrative or
executive functions or any authority that
 also called extra-constitutional rights as they are
functions under the control of government it
found outside the constitution, so are largely
includes Central ,state ,local governments means
statutory rights
parliament state legislature, panchayat,
 also called as ordinary legal rights
municipalities, public sector undertakings ,
3) ORDINARY LEGAL RIGHTS/ Statutory Rights
nationalised banks and insurance companies
a) Consumer Rights :- Consumer protection Act
judiciary when a performing administrative
Passed by the parliament confers consumer
functions the example is given below
rights on individuals
 Does the judiciary come under the meaning of were called nationals only while 19% of the white
the expression state when it performs people are considered citizens and they had
administrative sense more rights like voting then Nelson Mandela
 The answer is both yes and No because it comes and fought for the rights of black people
performs two types of functions like judicial for that he got Nobel prize he fought for the right
functions and also performs non-judicial means to vote of the black people also
administrative functions  In India the right to vote is not included as a
a) No =Like when judiciary has been playing to fundamental right because at that time the
functions first judicial functions like providing constituent assembly specially the doctor
justice in cases and Ambedkar thought if it becomes fundamental
b) Yes :- second non judicial functions like right then the supreme court will face multiple
administrative functions when the chief justice of number of cases if anyone's right to vote gets
India remove any employee in the supreme court breeched in future
so there he is performing administrative
 NATURE OF FUNDAMENTAL RIGHTS
functions where the removed employee can file
writ petition removal in the same supreme court FOR THE CHARACTERISTICS OF THEM
as its fundamental rights is concerned like any 1. Given to individuals Both the citizens and non
stenographer working in the supreme court citizens to enjoy
greater moved by the CjI of India because 2. They are enforceable against the state however
supreme court has rules and regulations to under rights to untouchability ,exploitation ,right
recruit the people in the administrative purposes to freedom of movement ,right to privacy, right
 Therefore when any authority performing this
to reputation are enforceable against state as
functions considered as administrative functions well as individuals
so it is working like a state so any example the 3. Fundamental rights are duties of the states and
supreme court is working like a state so state has shall we respected by the state. therefore
different meanings fundamental rights creates legal obligation on
path of the state. They are negative obligation of
 PART-III:-FUNDAMENTAL RIGHTS the state, they are negatively worded. (like state
shall not discriminate against citizens etc)
UNDER CONSTITUTION
 Sometimes they create negative obligation of
 Basic rights / foundational rights/ fundamental
the state because they are in nature of the
rights provided to individuals
restraining the state from performing certain
 constitution has its own found in Part-III, Part –IV
functions that may violate the fundamental rights
of the constitution
of individuals
 modelled upon bill of rights of US Constitution.
 Most of the fundamental rights are in negative
{1789 in US had no Fundamentals rights but 1791
language
,10 Amendments were passed in US giving
4. Fundamental rights act as limitation upon
Fundamental rights to the individuals from I to X
powers of the state therefore they prevent state
and these 10 amendments collectively called as
to become authoritarian (doctrine of limited
bill of rights in US}
government is supported by fundamental rights
 There are two reasons why are under part 3 as same by rule of law, federalism, separation of
1. These are those rights which are essential for an powers)
individual to attain his fullest physical, intellectual
 FUNDAMENTALS RIGHTS ARE NOT
and spiritual stature (Conscience)
2. They also necessary for functioning of democracy ABSOLUTE RIGHTS, WHY?
 for example in South Africa there is official racism  However the fundamental rights are enjoyed by
done in the time period of apartheid law during the individuals are not absolute rights except the
1922-1992 under this law 81% of the black right against untouchability which is given in
people were not given the voting rights and they absolute term. Therefore rights are called

restricted rights they are not absolute but  They need subsequent legislation to be
restricted by the state on the grounds given in passed by the state for its implementation
the constitution. These grounds of restriction  They are incomplete fundamental rights
areas following  They are under Article 17,18, 21a , 23, 24
a) Protection of Sovereignty or territorial  Note:-
integrity of India a. Article 35 allows parliament to enact a law for
b) Security of India prescribing means to give a punishment for the
c) For maintenance of friendly relation with violation of Article-17 that is Article-17 needs a
foreign States law therefore under this law made by parliament
d) For maintenance of public order, morality , known as civil rights protection Act 1955 under
decency which the punishment for practicing the
e) In cases of a contempt of court , defamation , untouchability means violation of Article 17 is
incitement to an offence / Violence given so before 1955 if anyone violated Article 17
f) For promotion of well-being of SC, ST and he or she would not have been punished
backward classes of citizens b. Article 18 (2) no citizen can receive title from a
g) For promotion of well being of women , foreign state ,however if a citizen receives a title
children and other weekend section of the from a foreign state then there is no law was
society made by the parliament yet so it is a declaratory
 CLASSIFICATION OF FUNDAMENTAL provision (means merely declared , not
RIGHTS. implemented)
c. Article 21A by 86th constitutional amendment
1. ON THE BASIS OF AVAILABILITY
Act 2002, Article 21a introduced into constitution
 Each and every fundamental right is available to
that is right to primary education to children
citizen without any exception
below the age of 14 (6-14). So this law is
 Aliens (non-citizens) enjoy all fundamental rights
regulated by the Right to education act 2009 by
except given under Article 15,16 ,19 ,29, 30.
which child within radius of 3-5 km From his
 There are two types of aliens friendly and enemy
residence can get free education from the school
alien , the enemy alien means citizens of that
but it was implemented on the date of 1 April
country with India is at war so they have no
2010
fundamental rights with the duration of war but
d. Article 23:- Right against exploitation which
friendly aliens have rights except the upper
1) prohibits traffic in human beings (means
mentioned Articles
engaged in slavery, servitude) : Immoral
2. ON THE BASIS OF ENFORCEABILITY traffic probation Act 1956 [ITPA
 There are two types of fundamental rights 2) prohibits begar (that is forced labour). so
a) Self executory fundamental rights there are two acts that have provisions to
b) Non self executory fundamental rights give punishment to protect this Article
a) The self executory fundamental rights 3) prohibits Similar forms of forced labour .
 Fundamental rights capable of Bonded labour abolition and rehabilitation
implementation by itself/themselves act 1976 was passed for this
 Does not require a subsequent legislation to  Modern Slavery Goes on (According to UN) :-
be passed by State for its implementation example:- wage slavery (less paid than minimum
 Complete fundamental rights in itself wages), Forced marriages
 All fundamental rights except Articles - 17,18, e. Article 24 prohibits the employment of children
21a, 23, 24 below the age of 14 years in hazardous industries
b) Non self executory fundamental rights . so employment is allowed but in non hazardous
 They are incapable of implementation by industries according to the constitution
itself

 Child labour prohibition and regulation Act 1986 what is to be done of the law that has been
 14 industries considered as like chemical declared as unconstitutional.
firecracker matchstick mining etc  Applied to both Executive & Legislature
 Again it is amended in 2011 so now except family  Doctrine of judicial review originated under
run business like family farming audio visual United States constitution From there it has
industries means film industries the employment been incorporated under the Indian
of children is allowed but in all other industries it constitution implicitly under writ jurisdiction of
is strictly prohibited SC & HC under Art 32 & Art 226 respectively,
3. BASIS OF SUBJECT MATTER+6 GROUPS however when it comes to the protection of
1) Right to equality (Article 14 to 18) fundamental rights this is judicial review is
2) Right to freedom (Article 19 to 22) given explicitly under Article 13 (2) of the
3) Right against exploitation (Article 23 and 24) constitution this Article provides that state
4) Right to freedom of a religion (Art 25 -28) shall not enact any law that takes away or
5) Cultural and educational rights also called abridges one and more of the fundamental
minority rights ( Articles 29 and 30) rights. If any such law made then it will be
6) Rights to constitutional remedies (Article 32) declared unconstitutional
 DOCTRINE OF JUDICIAL REVIEW [JR]  JUDICIAL REVIEW IS APPLIED BY THE

AND FUNDAMENTAL RIGHTS COURTS BY FOLLOWING 3 PRINCIPLES
 Doctrine simply means theory, hypothesis ,  Judiciary follow three principles for judicial
proposal review
 Doctrine of severability 1. FIRST PRINCIPLE:-
 Ultravires- law that violates constitutional  If a law made by the state has two
provisions interpretations due to ambiguous language used
 Intravires- conform the constitution. and because of this
 Doctrine of the judicial review is largely implicit in a) 1st interpretation makes the law Intravires = yes,
constitution not a stated clearly SC shall prefer this interpretation on basis of
 Doctrine of judicial review is implicit in the writ Doctrine of presumption of the constitutionality
jurisdiction of SC under Article 32 and HC under b) 2nd interpretation makes the law Ultravires = no
Article 226. Writ can only be filled against = As the doctrine of presumption is taken by the
government not private entities judiciary so it rejects ultravires
{Implicit means something which is indirectly  If a law capable of two interpretations where the
understood, not given directly} first interpretation makes the law intravires the
 Under Article 13 (2)- doctrine of judicial review constitution and the second interpretation makes
stated explicitly -(state cannot make law that the law ultravires the constitution then the
takes away our fundamental rights)-. It is given judiciary will reject the second interpretation and
explicitly under Art 13(2) just only for the give effect to the first interpretation and declare
fundamental rights not for the whole constitution the constitutional validity of the law Based on
 Judicial review is not for subordinate courts it doctrine of Presumption .
is only for High court and supreme court  However if law is capable of only one
 Judicial review is the power of higher judiciary interpretation which makes the law ultravires the
to declare a law made by the state as constitution then the supreme court Shall apply
unconstitutional & void, if the law violates one judicial review and declare the law as
or more provisions of the constitution to the unconstitutional and void
extent of such violation. While declaring so, 2. 2nd Pri. ORDINARILY ENFORCEABILITY
judiciary does not suggest any alternatives or  Ordinarily, the judiciary shall not apply judicial
remedies. It is left to the state to take any review on the laws that have been brought into
action that may need necessary and decide legal in enforceability

 if laws is not legally applicable then a judiciary  Art13(2) -state shall not make any law that take
cannot use judicial review away fundamental rights, then the law made will
 Review cannot be used on a law that has not be unconstitutional and void
been legally enforced  Are Art 368(2) & Art 13 (2) are
 E.g 99th CAA 2014 :- For NJAC, SCARA V/s UOI it
contradictory in nature & Cases
was challenged and SC rejected judicial review as
it was not then implemented, but in 2015 Judicial Related to amending Constitution:-
review was given and it was declared null and 1. CASE-I
void  Immediately after the constitution come into
3. THIRD PRINCIPLE force in 1950, the land reforms were introduced
 Ordinarily judiciary shall not apply judicial by many states (land reforms i.e abolition of
review SUO MOTO (on its own). The judiciary is Zamindari system)
expected to wait till a law is passed by state is  This action challenged in supreme court in the
challenged in court by third party case named as kameshwar Prasad vs State of

 But in extraordinary situation , SC can apply Bihar 1951. The land reform Act violated
judicial review suo moto also. fundamental rights u/Article 14,19,31 that is right
to equality and right to property of zamidars
 BENEFITS OF JUDICIAL REVIEW  Therefore this law was held unconstitutional and
a) It has to maintain rule of law
void as per Art 13(2)
b) It has to maintain constitutional supremacy
c) It has to the production of federalism
2. CASE –II
 Similarly,state of madras introduced Reservation
d) It is the integral part of doctrine of limited
policy for higher education institution .Madras
government
was also first state to give OBC this type of
e) Protection of fundamental laws
reservation was challenged in court of the name
f) Protection of Separation of powers
case as state of Madras vs Dorairajan 1951. The
g) Protection Judicial review
Madras was violating Article 14 and 15. Hence it
h) helpful in maintaining the doctrine of limited
was stated unconstitutional and void. Criticism
government
was faced on this decision for favoring interest of
 Note:- because of its importance the supreme
the per cast
court Keshav Ananda Bharati case vs state of
 After these two cases, the first constitutional
Kerala 1973 case held that the doctrine of
amendment Act 1951 came which amended
judicial review is the part of the basic structure
of the constitution which cannot be taken away Article 15 and allowed special provisions for state
to provide policies or reservations to the
even by means of an amendment to the
backward classes. Article 19 and 31 were also
constitution
amended in which excess property was taken
Class 3rd Ended, 4th Starts
 Shankar Prasad vs union of India 1951
 AMENABILITY OF FUNDAMENTAL
challenging first amendment Act of 1951.
RIGHTS  In this case, Supreme court (5 judges bench) held
 The fundamental rights are amenable under parliament enjoying two types of powers
article 368 a) Constitutional legislative power u/Article
 Constitutional amendment Act can be issued in 368 - it is exercised with special majority
either House with the special majority the  Further, SC said , Any enactment made by the
constitution can be amended till now there are parliament in exercising its constitutional
105 amendments legislative power under Article 368 is called a
 Art 368 (1) says that the parliament enjoys the constitutional amendment Act.
constituent legislative power to amend any b) Ordinary legislative power outside Article
provision of the constitution including 368-exercise with simple majority
fundaments rights (by special majority)
 Further, SC said , Any enactment made by the a) amended title of Article 368 that is power of
parliament in exercising its ordinary the parliament to amend the constitution
legislative power outside Article 368 is called and the procedure there for
Law (Statutory law) b) introduced Art 368(3), it says nothing in this
 SC also explains what is the meaning of the Article shall fall/come within the meaning of
expression “law” as given in Article 13(2) includes Art-13 and
a. Statutory Laws c) added Art 13(4) states Nothing in Art-13 shall
b. Personal laws include a constitutional amendment made
c. Ordinances under Article 368
d. Rules , regulations, notifications, orders  Now this amendment was challenged under
passed by govt Kesvananda party vs State of Kerala 1973
e. Bye laws ( come under category of ordinary decided by about 13 judges it is the only case
power decided by 13 judges that
 So SC clarified the “law: given under Art 13(2) a) Overruled Golaknath case decision
does not include CAA (Constitutional amendment b) Up held 24th constitutional amendment Act
Act). Means any law made with simple majority is is constitutionally valid
under Art 13(2) (not with special majority (as c) Acknowledged parliament enjoys
Under 368) constituent legislative power under Article
 Hence, There is no contradiction between Article 368 with which it can amend any part of the
368 and Article 13 (2) constitution including fundamental rights
3. CASE-III d) However such amending power of parliament
 Further ,4th constitutional amendment Act 1955, 16th is not unlimited but limited to the extent of
constitutional amendment Act 1964- amended Art not destroying the basic structure of the
19,31 related to right to property. Sajjan Singh vs constitution
State of Rajasthan 1965 challenged these two e) SC stated in this case that Constitution has
Amendments in 1965. it was decided by the bench of two important Parts i.e. Complementary
9 judges - they agreed to same interpretation made Parts and other is basic Parts
under Shankar Prasad case and held these
amendments constitutional
 DOCTRINE OF BASIC STRUCTURE -
4. CASE-IV PILLARS OF THE CONSTITUTION.
 17th constitutional amendment Act 1965 was passed  Doctrine of basics structure is not mentioned in
and amended Art 19, 31. So was challenged in the constitution. It is a judicial invention made
Golaknath vs State of Punjab 1967, Decided by the by supreme court in Keshav Nanda party case. It
bench of 11 judges & Court was invented to put a limitation on the amending
a) overruled the Sajjan Singh and Shankar Prasad power of the parliament
cases decisions and  Basic structure is understood as those provisions of
b) Held 17th constitutional amendment Act the constitution without which the constitution would
unconstitutional lose its basic character
c) Declined to acknowledge that parliament enjoyed  For example if a parliament amends and remove the
constitutional legislative powers under Article 368 democracy it would look like a North Korea
and held only one power that is ordinary
a) UNDERSTAND COMPLEXICITY
legislative power b) Article 368:- Parliament may in exercise of its
d) It also said that constitution has given constituent power amend by way of addition,
transcendental (overriding) procedure to the variation or repeal any provision [including
fundamental rights therefore they cannot be fundamental rights] of this Constitution in
amended by the parliament accordance with the procedure laid down in this
5. CASE-V article.
 24th constitutional amendment Act 1971 in a c) Art 13(2):- The State shall not make any law
which takes away or abridges the Fundamental
response to the Golaknath case decision was
rights
passed and it

 Meaning of expression law:- includes b) 368(5)-their shall be no limitation what so ever on
a.statutory law the amending power of the parliament
b.ordinances  Challenged before Supreme Court Minerva Mills v/s
c.bye laws union of India 1980.
d.rules, regulations, notifications, orders, directions  Supreme court held Art -368(4) & Art-368(5)
framed by executive unconstitutional and void on the ground of basic
e. personal laws structure by taking away power of judicial review,
 law doesn’t include CAA a special legislation violating balance between legislative, judiciary
[constitutional amendment Act], it only prohibits ,executive
an ordinary legislation  So the new to clauses 4 and 5 were void and
 Art 13)2) is prohibitive in nature [partial] unconstitutional
 Therefore:- So Art 268 saying any part can be
amended but Art 13(2) saying fundamentals rights  RIGHT TO EQUALITY ART:14-18 :-
cannot be amended, therefore Supreme Court comes  Art 14 v/s Art 15-18
with the doctrine of basic structure to end this  Art-14 is called core Article or central article
complexity because it is wider in terms of scope and
 The supreme court starting from Keshvananda Bharati availability as it is available to Both citizen and
case in a number of cases included the following non-citizen However Arts 15-18 are only for
provisions as a part of basic structure of the citizen. {Scope means ambit-importance}
constitution  Art 14 is available in all circumstances (wider
1. Supremacy of constitution scope of applicability) so called general clause of
2. Sovereignty of India equality
3. Mandate to build welfare state i.e. indian model  Art15-18 are called particular clause of equality
of socialism because they are available to citizens only under
4. Secularism certain and particular circumstances. so narrow
5. Democracy. scope
6. Republican form of government  Art-14 is called triumvirate/ Trinity / three-some
7. Parliamentary form of Government. (14,19,21) collectively called triumvirate of FR
8. Free and fair elections
because they're most important FRs
 Kesavananda Bharti + Indra Sawhney 1992 v/s
9. Independence of the judiciary
UOI - SC said art 14 is a part of basic structure of
10. Rule of law
the constitution
11. Federalism
12. Separation of powers.  ART 14 CONFERS TWO TYPES OF
13. Judicial review EQUALITY
14. Independence of judiciary 1. Right to Equality Before law (EBL)
15. Fundaments rights u/Art- 14 ,15, 19,21 2. rights to Equal Protection of laws (EPL) within
16. Balance between fundamental rights (Part-III) and territory of India
directive principles (Part-IV)
17. Balance among 3 pillars of the state i.e. judiciary
A. EQUALITY BEFORE LAW:-
 Originated under English constitution,
,executive, legislature
 regarded as the negative concept because it's
 Note:- Preamble and principle of natural justice are
essentially means absence of the privileges
not included in basic structure of constitution but enjoyed by any section of population in the eye
Preamble is the part of the constitution. However, the of law
values like sovereignty , secularism etc are part of
1. MEANING OF EQUALITY BEFORE LAW
basic structure
a) All persons are equal in eye of law irrespective of
 the preamble is not a basic structure of the
the ones position or rank in the society
constitution b) All people are equally subject to the law of land -
 CASE RELATED TO BASIC STRUCTURE .no one is above or below , everyone is under the

nd
42 CAA 1976 was passed and it added clauses 4 & 5 law
to Art 368 c) All persons without any distinction based on rank
a) 368(4)- constitutional amendment Act cannot be or position are equally amenable to the
challenged before a court of law means no judicial jurisdiction of the ordinary court of country
 However, special courts are there and can be
review
established for the special cases but not for the
individual. e.g martial courts, CBI courts, MP-MLA violate it. Rule of law is essential for functioning
Courts etc of a democracy
 Guarantees only juridical equality means legal c) Rule of law is implicit under Art-14 of the
equality in the eye of law ,no any other equality constitution
like economic equality etc is guaranteed d) For the protection of rule of law, Constitution
 A V Dicey (British Constitutional commentator) places duty on SC and High court means in higher
wrote about rule of law with the help of EBL. courts to protect the rule of law against actions
 Rule of law is implicit under Art-14 (the of the legislature and executive. Constitution
equality before) law -not found anywhere in confers the writ jurisdiction under Article 32 in SC
the written constitution and under Article 226 in HC
2. WHAT IS RULE OF LAW 4. EXCEPTIONS OF THE RULE OF THE
 Lex Supremus means the law is supreme. Means LAW - WHERE IT IS NOT APPLICABLE
Law is the highest authority in country 1. Under Article 361
 Be your ever so high - means law is above you  President or Governor of the state is not
either who you are don't care answerable to court of law with regard to the
 Absolute supremacy of regular law execution of his executive function ( as factually
 Rule of law means, Predominance of legal spirit in these all decisions are the decision of the council
administration of the country , means of ministers)
administration or government is subordinate to  No criminal procedure what so ever can be
the law & Law cannot be subordinate initiated or continued against them (President or
 According to A V Dicey what are the Governor) during his tenure or term of office.
principles that govern the rule of law Means after tenure , he can be trialled if he has
1) No man shall be punished or made to suffer committed any crime
in body or goods except for the violation of  In civil cases :-. No civil case in which relief (legal
the law -(goods- like no confiscation of the compensation) is claimed , can be filled in a court
property etc etc) of law except after the expiry of 2 month notice
 Such violation of law shall be established in issued against the president or governor of state
an ordinary court of the country in an 2. Under Article 105 & 194
ordinary legal manner  MP or MLA is not answerable to court of law for
2) All persons whether high or low in rank or whatever he has spoken, revealed or voted in
position shall be subjected to ordinary law of house or in committee thereof ( total immune so
the land ,their freedom of speech and expression is wider
3) All persons whether high or low in rank or than normal public)
position shall be equally amenable to the 3. Under International Law
jurisdiction of the ordinary court of the  Visiting heads of states (president) , head of
country- {means- you can sue or be sued} government (PM) , ministers , diplomats posted
4) Constitution is the result of the ordinary law in other countries are not under the jurisdiction
of the land .but this principle has been of the local court where they are visiting or
modified in India where it retreats as the posted
constitution is the supreme Law of the land &  No absolute immunity given to any diplomat, it is
all other laws , in order to be legally valid , subject to undertakings
shall conform to the constitution
5. WHAT IS RULE BY LAW
3. IMPACT OF RULE OF LAW/PRINCIPLES  It means, Law of land is fair, just , reasonable not
THAT GOVERN RULE OF LAW only enjoys legal authority but also moral
 Before rule of law , government was run on the authority
principles of Rex Lex {Rex = King, Lex = Law And  In country where rule of the law prevails it is pre-
Rex Lex means king was the law that is king is the supposed, law that is used in the administration
highest authority not the law of country is droit Justum i.e just law
a) After rule of law has become constitutional now  Such law enjoys the legal and moral authority and
, so the base/Principle is now LexRex means law is fair , reasonable, just
is the king  It's objective is to render justice to all sections of
b) Law is the essential aspect of democracy and the population without any discrimination
supreme therefore either judiciary, executive,  On the other hand rule by law prevails in a
legislative all are under the rule of law no one can country where the law of the land that is used for
the system of administration is not fair, just and
reasonable and where the law that is used may  Similarly, the identification and removal of
enjoy legal authority but doesn't enjoy the moral Creamy later among OBCs from the benefits of
authority reservation is a constitutional requirements
a) The law here is used as an instrument of under EPLs. Otherwise the OBC reservation
oppression on a section of a population and policy will be unconstitutional and void.
may confer certain privileges on the other Economic criteria is used for this identification
sections of population  EPLs recognizes the fact that people are not
b) It's purpose is not to render the justice to all placed in similar circumstances in terms of talent
but to selected few that are privileged. Such but they shall be provided with equal opportunity
law is called droit-in-Justum to develop that talent by the state
c) Examples:- apartheid law of South Africa,  WHAT IS CLASS LEGISLATION
British colonial administration in India
 Article 14 allows classification of people on a
,Taliban rule
reasonable basis but it prohibits the state from
Class 4th ended, 5th starts an acting class legislation (means making
improper discrimination) and confers certain
B. RIGHT TO EQUAL PROTECTION privileges on a class of people arbitrarily
OF LAWS (EPL)  E.g = on the basis of religion race cast sex place of
 EPL as a legal concept originated in the US birth decent residence etc
Constitution. Regarded as a positive Concept.  E.g= apartheid laws of South Africa of class
 EPL does not mean, it applies under all legislation
circumstances means it is not universal  RIGHT TO EQUALITY AND PRINCIPLES
 It does not mean all laws must be of universal
OF NATURAL JUSTICE (PNJ):-
application, therefore, EPL does not mean that a
 Justice Tata cellular limited vs UoI case 1994:-
law must be applied equally among all persons
a) SC gives relationship b/w Right to Equality and
under all circumstances
Principles of Natural Justice. SC stated that right
 EPL is based on Aristotelian concept of equality .
to equality mandates that all decisions taken by
It only means equality of treatment in equal
government shall be fair, just ,reasonable ,
circumstances [means only applies under similar
transparent , unbiased, in public interest and
circumstances].. In simple words it is equality of
rational decision
treatment among equals . Among equals the law
b) SC Said that Right to Equality means non-
should be equal and equally administered
arbitrariness, means a authority shall not act in
 EPL means The likes must be treated alike
arbitrary manner. And Principles of natural
(means who are placed in similar circumstances
justice also stand for non-arbitrariness
must be treated similar and equal) and alikes
c) Because of this the right to equality and
should not be treated likes
principles of natural justice are Complementary
 It only means all persons who are similarly placed
to reach other. They support each other.
,must be treated similarly
d) Principles of natural justice are Ingredients of
 It guarantees neither equality of treatment
right to equality . If you violate principles of
among unequal nor inequality of treatment
natural justice you are also violating the right to
among equals.
equality
 It only guarantees equality of treatment among
equals ( a law uniformly) A. THREE PRINCIPALS WHICH GOVERN
 The state should ensure that people are placed in NATURAL JUSTICE ARE AS:-
similar circumstances before applying a law 1) Right to be heard:- No man shall be punished without
equally among them. However, if people can't be being heard (Maxism says - Audi Alteram Partem,
placed under similar circumstances, the state is means hear the other Party before taking any
allowed to classify people into different decision).
 Also Called Right to a Fair Trial:- it should be a proper
categories on a reasonable basis and then apply
and fair hearing (not Sham) leading to fair trial means
the law differently among different categories as
hearing should be followed by spoken order that is a
they are placed in dissimilar circumstances decision supported by the quoting relevance
 The reservation policy of the government in provisions of law
favor of the backward classes of the citizens for  E.g:- Bulldozer policies of certain states like UP, MP
st
recruitment into public employment and are the violation of 1 Principle of Natural Justice
admission into the educational institutions is 2) No men shall be judge of his own case that means no
constitutionally protected under EPL men (judge) can be in a dispute as well as in the same

authority to decide it means a judge recuse himself .In Justice recommended in such cases the judge
simple words if judge is involved in a case then he concerned should recuse (step down) and allow
cannot be the judge of his own case as authority of it other judges to hear the case because of fair
decision making . objective of this principle is to avoid justice
conflict of interest.
c) When a Chief Justice of a court acts as the
3) An authority shall act bonafide (means in good faith,
“Master of Roster” means she enjoys power of
with honesty and sincerity) without any bias
a. Distribution of various cases
B. THE AIM / OBJECTIVES OF PRINCIPLES b. Composition of a bench
OF NATURAL JUSTICE E. WHAT KIND OF REFORMS NEEDED
a) To avoid arbitration in decision making and include of  Master of roster means a single head has or be
measures of fairness in the decision making the exclusive authority on to issues
b) To insist every decision shall be supported by a reason
1. Distribution/Allocation of various cases filed
c) To humanize the decision making process
before the court to benches of the court
C. SOURCES OF PRINCIPLES OF NATURAL called as bench hunting
JUSTICE 2. to decide about the composition of the
 They emerged out of the human ability to think and  Reforms Recommended:- In supreme court of UK
rationalize and European courts of human rights, the Master
 They born out of the human conscience because of of The Roster Role is played by a collegium of
this they are called universal principles three judges .but these reforms are still not
 Therefore they are the one of the basic rights/Values
incorporated and implemented
of individuals (By SC, so are binding on all authorities
either Public or Private)  RIGHT AGAINST DISCRIMINATION
 They are applicable against all individuals government (ARTICLE- 15)
authority everybody
 They are not incorporated means not borrowed but 1. ARTICLE:-15(1):-
are inherent principles of the constitution.  The state shall not discriminate against the
 Cases:- Maneka Gandhi V/S Government of citizens on grounds only of religion, Race, Caste,
India 1978:-Supreme court said right to life Sex, Place of birth or any of them.
under Article 21 inherently include the principles {only available to citizens not to non-citizens and
of natural justice is only enforceable against state not individual}
 Central Inland water transport corporation  The word ‘only’ in Art-15(1) means that the five
v/s Brojo nath Ganguly 1986 - supreme court grounds given above cannot be the sole grounds
said principles of natural justice are inherently for discrimination
found under Article 14 of the constitution  In other words, these five grounds alone cannot
 Therefore principles of natural justice are so basic be the grounds for discrimination. Therefore,
,pervasive and they encompass the whole they can be one of the grounds but not the only
constitution means they are spread throughout grounds for discrimination
the constitution  Thus if there is a 6th ground on which valid
discrimination is allowed then religion, Race,
D. EXCEPTIONS WHERE PRINCIPLES OF
Caste, Sex, Place of birth can be additional
NATURAL JUSTICE DO NOT APPLY grounds for discrimination
a) In Case of offices of pleasure Tenure  Other words these 5 grounds cannot be the
 Don't apply to offices of pleasure Tenure. For primary or main grounds for discrimination but
example, governor, ministers ,attorney general et can be additional grounds for discrimination
cetera. They are not given right to be heard and provided there is 6th one ground with these
they are subjected to be dismissed because of  Understand “only” by following example
effective administration is necessity. Means, a  Let us say you have 5 close friends A,B,C,D.E and
minister, or any one of these can be removed you want to celebrate your birthday and you asked
without giving any reason or without hearing. your father for money and your father agreed to
b) In case of contempt of court Act 1971:- give you money provided to not invite these five
 Contempt of court is the disobedience of the friends but can invite other than five .
court by acting in opposition to authority, the  you requested and fathers said you shall not invite
justice and dignity thereof. And under the “only” A,B,C,D,E. {X,Y,Z any other if invited then
Contempt of Court Act 1971, a person can be you can invite A,B,C,D,E , otherwise they cannot
alone attend your birthday party}
trialled in a court of law and can be punished.
However, Parliamentary Committee on laws and

 Case:- Kerala state Electricity Board v/s Lok Sabha. But if gets passed would have
Siniya Mol 2008 been constitutional under Art 15(3)
 SC held that taking into consideration the  Sec 437 of CrPC:- allows the state to grant
peculiar nature of duties to be performed by the bail on softer terms to women and children
workers in the “erection and maintenance which can be denied to male citizens.
department of electricity board” , if the females Recently SC granted bail to Teesta Setalvad
citizens are excluded for recruitment for such  Socio-economic benefits or schemes like
jobs , it does not amount to the violation of Art ICDS (integrated Child Development Scheme)
15(1) or maternity benefits for women , special
 Note:- Private institutions are not under this schemes like Matru Vandana Schemes :-
violation, but can come under statutory laws exclusively for women protected under Art
violation . eg. If a company discriminates on sex, 15(3)
it doesn’t violate Art 15(1) , but can violate other 4. ARTICLE:- 15(4):-
statutory laws
 Originally it was not in constitution but later
2. ARTICLE:-15(2):- Added into constitution by 1st CAA-1951 because
 No citizen shall be discriminated against on in case known as State of Madras V/S C
grounds only of religion, Race, Caste, Sex, Place Dorairajan 1951
of birth or any of them in having access to public  SC held that reservation of seats made in favour
places Such as hotels, restaurants , shopping of backward classes of citizens in higher
malls ,public roads ,tanks, wells, bathing ghats etc educational institutions was unconstitutional and
 It is available to citizens only void on the grounds that ‘there was no provision
 Enforceable both against state and the under the constitution conferring such powers on
individual . the states’.
 Helps in fight against untouchability with Art-  Therefore , 1st CAA 1951 introduced Art 15(4)
17  Art 15(4):- state can make special provision in
 Not an Absolute Right Because State can favor of backward classes of citizens including SC
impose reasonable restrictions on enjoyment and STs who are socially and educationally
of rights under Art 15(2) on the grounds of backward
maintenance of Public health, decency and  Scope of Art 15(4) is wider in Scope because
public order now state can make special favors in
whatever area it wants to {like in educational
3. ARTICLE:- 15(3):- institutions , housing schemes etc}
 Nothing in this Article prevents the state from  Under this, reservation for SC and ST has
making special provisions in favor of women and given {only in public institutions and is not for
children OBCs exception is Govt of Tamil Nadu which
 In other words Art 15(3) confers the power on gave it also for OBCs}
the state to make special provisions in favour of  In 1990, when the VP Govt introduced
women and children reservation of seats in favour of OBCs , it was
 Art 15(3) :- Sex is the sole ground state can made available only in Public employment
confer special favors on women. Therefore it but not in educational institutions. Till 2007,
is an exception to Art 15(1) no reservation was made for OBCs in
 Art 15(3) was added as Constitutional makers educational institutions except Tamil Nadu
thought due to patriarchal society women  2005, Manmohan singh Govt wanted
suffer from social and economical reservation available to OBC in higher
discrimination educational institutions and for this CAA 2005
 73rd and 74th CAA 1992 gave constitutional was done
status to Panchayats and Municipalities also
gave reservation for women in number of
5. ARTICLE:- 15(5):-
rd
 Art 15(5):- introduced by 93 CAA 2005
seats. the constitutionality of these is
 Art 15(5):- confers the power on the state to reserve
challenged in SC but SC held that these are seats in favor of backward classes of citizens including
constitutionally valid SC and STs who are socially and educationally
 108th CA Bill 2013 :- Rajya Sabha passed:- backward in educational institutions including Private
1/3rd seat for women in legislative assembly Educational institutions whether aided or un-aided by
and Lok Sabha but bill could not be passed in the state (financially) but excluding minority
educational institutions

 How different from Art 15(4)
 Scope of Art 15(5) is narrow and restricted State
can make special favor in only one sector in
 ARTICLE-16:-RIGHT TO EQUALITY OF
reservation of seats in educational institutions OPPORTUNITY IN MATTERS OF
(including private institutions) “PUBLIC” EMPLOYMENT (ARTICLE 16)
 Under Art 15(5), Parliament enacted the “Central
 Only for public employment not for private
Educational institutions (Reservation of Seats ) Act
2006” employment
 First time , Not more than 27% of seats were 1. ART 16(1)
reserved for the OBCs in central educational  There shall be equality of opportunity available to
institutions suchas IITs , NITs, IIMs , AIIMS but not all citizens in matters of public employment [not
in research oriented institutions such as IISc, BARC in private employment & not to non-citizens]
(No reservation note it)
 this reservation challenged before SC 2. ART 16 (2)
 Ashok Kumar Thakur V/S UOI 2006  State shall not discriminate against the citizens
 SC held Art 15(5) is constitutionally valid and on grounds only of “religion, race, caste, sex,
OBCs reservation in central educational descent, place of birth, residence , or any of
institutions is constitutionally valid provided the them” in matters of public employment
concept of creamy layer applied in such cases  Note:- 8th ground + additional these 7 grounds
 It implies “Central Educational institutions (on these 7 grounds alone no reservation can be
(reservation of seats ) Act 2006” did not provide made in public employment)
for cream layer concept
 Note:- Ground of domicile:- alone reservation of
 So GI reintroduced the Reservation for OBCs with
creamy layer concept seats (in public employment matters) can be
made as domicile does not come under 7 grounds
6. ARTICLE:- 15(6):- so domicile alone is enough
rd
 GoI Introduced by 103 CAA 2019, Passed for  Haryana State Employment Of Local
providing seats for EWS in educational institutions
Candidates Act 2020
 Art 15(6) Confers the power on the state to
1) 75% under private employment shall be reserved
make reservation of seats upto not more than
for locals in Haryana {salary not more than
10% in favor of Economically weaker sections of
30,000 Rs per month}
the citizen other than backward classes of
2) Jan 2022 came into force and challenged in
citizens in educational institutions including
Punjab And Haryana HC as unconstitutional
private educational institutions whether aided or
claimed violation of
un-aided by the state but excluding the minority
a) Art 19(1)(g) {Fundamental right (FR) to
educational institutions
Avocation means to choose any profession,
 103rd CAA 2019 also introduced Art 16(6){note it}
occupation or trade throughout the country}
which intruded EWS reservation in Public
b) Art 21 FR to livelihood
employment
 This 103rd CAA 2019, was challenged in Court A. DOMICILE
Under Janhit Abhiyan v/s UoI 2022 and SC held  When a person is recognised officially by the
EWS reservation to be constitutionally valid state as a permanent resident of a state , she
becomes the domicile of the state
Art 15 (1) &(2) Art 15 (3) (4) (5) & (6)  She can be conferred with certain special benefits
Confer Confer no fundamental right but
by the states I the form of reservation of seats in
Fundamental Right confer power on state to make
against special provisions in favor of certain educational institutions & public employment ,
discrimination on categories of citizens such as ration facilities under PDS
the citizens Children , women , Backward classes  Person can be a domicile of not more than one
and EWS state
Impose duty on Impose no duty on state to make B. RESIDENT / RESIDENCE
state to respect special provisions in favor of certain
 Under Art 19(1) (e) every citizen of India has the
fundamental rights categories of citizens. They are
right "to reside and settle in any part of the
of citizens enabling the classes. They are not
mandatory but discretionary in territory of India." [freedom of movement all
nature (state decides to use or not) over the country & has right to reside anywhere
Speak the language Speak the language of equal in the Country]
of equality before protection of the laws  A resident is a person who lives at a place for a
law (available to temporary period or permanently for which she
everybody) doesn’t require the permission of the state.

 Residence is one of the prohibited rounds under those who or not adequately represented in
Art 16(2) & no reservation benefits can be Public employment in the opinion of the state
conferred by the state on residents solely on this  Backward classes means
ground a) SC
 Residence is temporary basis like job workers b) ST
reside in different cities for temporary basis for c) OBC
job  INDRA SAWHNEY V/S UOI 1992 CASE
 Not recognised as local person by the state
A. SC held that the policy of reservation in favor of
………………5th class ended, 6th starts……………… backward classes of citizens including the OBC
3. ART 16(3) reservation policy in Public employment and in
 Confers power on the parliament to provide by Educational institutions is constitutionally valid
law , prescribing residence as the ground for provided the following 5 constitutional
qualification in certain categories of employment requirements or satisfied
under the state 1) BC of Citizens or socially and educationally
 In other words residence alone can be the ground backward
 Art 16(3) is an exemption of Art 16(2) 2) backward classes of citizens or not
 Laws made under Art 16(3) are temporary in adequately represented in Public
nature but the power is vested to parliament to employment
withhold or not 3) rule of vertical reservation shall apply under
which not more than 50% of seats shall be
 MULK RULES reserved in favor of backward classes of
 As like Nizam of Hyderabad formulated citizens
“Mulk Rule” before Independence in former 4) a concept of creamy layer shall apply in case
state of Hyderabad, under it all class III and of the OBC reservation policy
IV posts are reserved for local residents. 5) the backward class reservation policy shall
 However after Indian constitution “Mulk not disturb the overall efficiency in the
rule” automatically became unconstitutional administration
and void as it violated Art 16(2)
B. SC clarified that Article 16(4) lays down all that
 But parliament enacted a law under Art 16(3)
can be done by the state in the form of
which extended the validity of Mulk rules for
reservation of seats in favor of backward classes
10 more years subsequently the parliament
in Public employment {there is no other Article
enacted Public Employment (Requirement as
regarding reservation of backward class }
to Residence )Act 1957
 SC clarified Art 16(4) is enabling clause , it
 Public Employment (Requirement as to
neither confers a FR to reservation on the
Residence) Act 1957:- under which all the
backward classes of citizens nor it imposes a
Class III and class IV govt post of Andhra
duty on the state to make reservation of
Pradesh (AP), Himachal Pradesh (HP),
seats in favor of backward classes of citizens
Manipur were reserved only for local
 SC clarified Art 16(4) is not mandatory but
residents
discretionary in nature
 This Act was withdrawn 1974 by its very nature
 SC clarified Art 16(4) is not an exception to
any law that is made under Art 16(3) is
Art 16(1) unlike Art 16(3). They operate in
considered to be temporary and will apply in a
same field and
path of the country so long as the special
 SC clarified Art 16(4) is an instant of
conditions exit there
classification (EPL), it means citizens are
4. ART 16(4) classified into SC, ST, OBC, GC
 Reservations of seats in matters of Public C. Backwardness that is contemplated under Art
employment Art 16 (4) 16(4) is mainly socially backwardness, it need not
 Confers the power on the state to reserve seats be both social and educational
in favor of backward classes of citizens in matters D. SC clarified Art 16(4) confers power on the state
of public employment provided the backward to make reservation only on the grounds of socio-
classes of citizens or not adequately represented educational backwardness, economic
in Public employment in the opinion of the state backwardness of citizens is no valid Ground to
 Does not talk about promotional representation reserve seats. Therefore the SC held the 10%
of backward classes of citizens it only talk about seats reserved in favor of EWS by P.V Narasimha

Rao Govt in 1991 as unconstitutional and void  66% for Educational institutions
{Modi Govt EWS is Under Art 16(6) & 15(6)}  JAISHRI PATIL V/S STATE O MAHARASHTRA 2021
E. SC clarified Art 16(4) confers enough power to  SC held Maratha reservation policy as
states to make reservation of seats in favor of unconstitutional and void on the following
Backward classes only at the initial stage of grounds
recruitment but not subsequently in the form of a) Maratha community neither socially nor
reservations in Promotions , thus the court held educationally backward
such a policy in favor of SC and ST as b) It is the part of national mainstream
constitutional and void c) It is politically , socially, educationally,
F. There are certain posts and employment in which culturally a dominant community
merit alone counts and no reservation of seats d) It does not qualify to receive backward class
can be made in such cases . for examples:- reservation facilities
Airline pilots , Nuclear scientists, super specialty  State has failed to produce quantifiable data in
courses in Medicine, Super specialty employment support of its claim of the existence of an
in field of medicine , research oriented jobs etc extraordinary situation justifying the breach of
G. The reservation policy shall be applied on year- rule of vertical reservation
to-year basis , it cannot be related to the total  The Maratha reservation policy violated
number of seats failing vacant for a period of 2 or “Goldilock solution’ (50% of states under
more year reservation for social justice) lay down by SC in
 2020 let us say 99 seats are vacant this regard
 2021=101 occurring seats  THE POLICY OF RESERVATIONS IN
 So 99 and 101 are treated separately for
reservation for BC of citizens (50%) PROMOTIONS:-
 2020 = 50% of 99= 49 1. Started in 1956 , for mainly SC, ST (as they were not
adequately represented at policy making positions , so
 2021 = 50% of 101 = 50
they may got somehow deprived )
 Total = 99 2. SC IN INDRA SAWHNEY CASE 19992
 But if combined 99+101= 50% of 200= 100  SC held that reservation policy for the promotion is
which would create problem, so reservation unconstitutional on the ground that Article 16 (4), it
applied should be differently and separately confers enough powers on state (govt) to provide
for each year reservation at the time of recruitment into services
H. Art 16(4) allowed the states to sub-divide the but not subsequently in the form of reservation at the
OBC communities into different groups and promotion.
 So ,This promotional reservation for SC, ST was
redistribute the 27% of reserved seats for OBCs
Stopped in 1992
among the various sub-groups. th
3. Therefore parliament come with 77 CAA 1995 which
 Like OBCs can be sub-divided into introduced Art 16(4A), now it confers enough powers
 Most BC on state (govt) to make reservation at the time of
 OBC Muslims recruitment into services but subsequently in the form
 Rest of OBCs of reservation at the promotion for SC, ST provided
 So 27% can be redistributed among the communities are not adequately represented in
them all public employment
 Rohini commission is appointed for this Sub- 4. But, due to SC ruling, 1992 to 1995 till CAA77th , the
categorization only promotions got stopped of ST, SC, therefore, seniority
of them may not be counted therefore to provide
 RULE OF VERTICAL RESERVATION th
them this seniority , Parliament passed 86 CAA 2001,
 SC stated under normal conditions , the which amended Art 16(4) and introduced
maximum reservation for Backward classes can consequential seniority in it (consequential seniority
be no more than 50% taken into account for promotion of the officers of SC,
 In extreme conditions it can exceed 50% provided ST)
Govt should produce a quantifiable data 5. CHALLENGED BEFORE SC IN CASE OF:-
 MARATHA RESERVATION POLICY 1) M Nagaraj v/s UOI 2006
 52% reservation = SC+ST+OBC= 2013  SC held Art 16(4A), constitutionally valid
 2013 :- Maratha community was included under provided three constitutionally requirements
state list of OBC and extended 16% of seat in to be satisfied
Public employment and 14% of seats Educational a) SC, ST community must be socially and
institutions exclusively for Maratha educationally valid
 So 52% + 16% = 68% in PE
b) SC, ST provided the communities are not b) SC held that doctrine of basic structure emerged
adequately represented in public for first time 24th april 1973 when the SC
employment delivered its judgment in Kesavananda Bharati
c) Such a reservation policy does not case
disturb the overall efficiency in the c) So SC held before it there was no basic structure
administration doctrine , so it cannot be said to be violative
 Further the SC held that the state should d) Total enactments were 284 placed under IX
produce “quantifiable data” in support of the schedule till 2007 and 66 were placed under IX
above constitutional requirements schedule before 24th april 1973 , so they will
 SC also laid down that the concept of continue to enjoy immunity from judicial review
“Creamy layer” shall apply in case of and cannot be challenged, however remaining
reservations in promotions (note at 218 enactments that were placed under IX
recruitment time) schedule on or after 24th april 1973 are subjected
2) Jarnail sing v/s Lachchmi Narain Gupta to doctrine of basic structure, and can be
2018 challenged before a court of law
 The SC reinforced its decision in M Nagaraj  NOTE:-
case and explained that the “creamy layer” a) Therefore TN policy also now open to judicial law &
concept is based on the principle of equality but, TN Govt said it has almost 80% of its population
give under Art 16(1) & the quota benefits belongs to backward classes , therefore there is extra-
must go to the weakest of the week ordinary condition in TN justifying the exceeded limit
of 50% reservation (but it has to provide the
 THE STATE TAMIL NADU’S GOVT “quantifiable data” for this claim)
b) Case still pending before case
RESERVATION POLICY:-
1) Relates to rule of vertical reservation laid down  BACKGROUND TO IX SCHEDULE
by SC  They had discussed in “KAMESHWAR PRASAD AND
2) First govt to provide reservation to OBC also OTHERS. Vs. RESPONDENT: THE STATE OF BIHAR
3) Late 1970s it introduced a policy of reservation 1951”, that land reforms Act must be held
under which unconstitutional and void by SC
a) SC= 18%  Because of this parliament introduced 1st CAA
b) ST= 1% 1951, added Art 15(4) and also added Art 31(A),
c) OBC = 50% 31(B) and IX schedule. To protect not to be
 Overall = 69% reservation was given and challenged in Court of law these were introduced
never challenged because there is no rule of  Art 31(A):- any land reform bill passed by state
vertical reservation legislature should be reserved for the
 SC IN INDRA SAWHNEY CASE 19992 consideration of President and beyond assent it
 The rule of vertical reservation was brought must be protected from judicial review
into existence by SC in Indra Sawhney case ,  Any enactment placed under IX schedule ,
this 69% reservation was made cannot be challenged before court of law and this
unconstitutional and void schedule made “immune from judicial law”
 1992 and 1993 TN govt was forced to reduce  1st CAA was challenged in SC under
reservation to 50% in total  Shankari Prasad v/s UOI 1951
4) Subsequently TN govt passed a law known as “  SC held 1st CAA as constitutionally valid
TN BC of Citizens (Reservation of seats) Act  Privy purses (abolition) Act 1971 :- it was the
1994”, which reintroduced 69% reservation both annual pension that was paid by GOI to farmer
In public employment and educational princes
institutions  CURRENT AFFAIRS ABOUT KARNATAKA
5) Parliament placed this act under the IX schedule  Upto 8 oct 2022
of the constitution (note it, any enactment under a) SC= 15%
this cannot be challenged before a court of law) b) ST=3%
 IR COELHO V/S State of TN 2007 c) OBC= 34%
a) Constitutionality of schedule IX is challenged on  Total= 50%
the basis that it is violating doctrine of basic  On Saturday 8 oct 2022 Karnataka govt taken a
structure as it takes away the power of judicial decision , added
review of courts a) SC= 17%
b) ST= 7%

c) OBC= 32% 6) In order to protect the above policy from the
 Total = 56% application of rule of vertical reservation , the
st
 And it requested the center to place it under IX parliament enacted 81 CAA 2000 , and added
schedule Art 16(4B), which introduced Art 16(4B)
 (but now they are under judicial review as SC a) Art 16(4B) provides that the vacancies
judgment under IR Coelho case . so if it is taken following under carry forward policy shall
or not under IX Schedule has no value :- (so just a always remind separate from regular
vote bank politics – analyse it) vacancies following in a particular year.
b) These two categories of vacancies are not to
 CARRY FORWARD POLICY:- be clubbed together for finding out whether
 Analyse first example:- the ceiling of 50% has been exceeded
 Let say 100 vacancy in govt department c) "(4B) Nothing in this Article shall prevent the
a) SC=15 State from considering any unfilled vacancies
b) ST=7 of a year which are reserved for being filled
c) OBC=27 up in that year in accordance with any
 Sometimes the candidates are less in number
provision for reservation made under clause
to fill vacancy like (4) or clause (4A) as a separate class of
a) SC= 10 filled, 5 remained unfilled vacancies to be filled up in any succeeding
b) ST= 5 filled , 2 remained unfilled year or years and such class of vacancies shall
 Therefore if these unfilled are filled by OBC or
not be considered together with the
general they the principle of social justice does vacancies of the year in which they are being
not apply. So center has introduced “Carry filled up for determining the ceiling of fifty
forward policy” per cent reservation on total number of
 Under which these unfilled vacancies carry
vacancies of that year".
forward for any number of years till they are 7) A "carry forward" rule was introduced
filled up by SC, ST (only) in public employment whereby the unfilled reserved vacancies of a
not in case of education , OBC , general etc particular year would be carried forward for on
1) In a given year the number of vacancies that are year only. In 1955 the above rule was substituted
reserved in favor of SC, ST, may not be filled up by another providing that the unfilled reserved
due to the non-availability of suitable candidates vacancies of a particular year would be carried
from these communities . in such cases the carry forward for two years.
forward policy allows the state to carry over the  THE SUB-CATEGORIZATION OF OBC
such “unfilled vacancies” to the following years , COMMMUNITIES & JUSTICE ROHINI
where these unfilled vacancies shall be filled up
only from the SC, ST communities
COMMISSION:-
2) This policy is applied in favor of SC, ST but not in  Creamy layer applied in OBC community, rest of
favor of OBC community creamy layer are not uniform within
3) This policy is followed in case of recruitment only  Certain caste groups among OBCs getting
into public employment, but not in case of benefited more than other caste groups so
admissions into educational institutions certain states introduced sub-categorization of
4) SC in Indra Sawhney case held it constitutionally OBC under Art 16(4) and can re-distribute the
valid under Art 16(4), however, it must not quota of reservation, to ensure equitable
violate the “rule of vertical reservation”. distribution of quota
5) Practically it will violate the rule of vertical  SC held these as constitutionally valid under Indra
reservation , Sawhney case
 For example TN reserved 50% for OBC and
 look the same example
 next year let say again same 100 vacancies
divided OBC in three different sub groups
are taken upto be filled a) Most BC:- given 20% reservation
b) OBC muslim:- 3%
 now have to carry 7 pending
 total 100+7= 107 to be filled
c) Rest of the OBCs:- 27%
1) SC=15 +5= 20  In Rajasthan and Bihar , it is called as special
2) ST=7+2= 9 backward classes (most BC)
 For in Andhra Pradesh
3) OBC=27
a) OBC muslims = 4%
 Total= 20+ 9+ 27= 56
b) Rest of OBCs = 27%
56/107= violates the rule of vertical reservation

c) AP this policy Challenged in SC on base of  THE LAWS MADE AGAINST THE
religion (not backwardness) in case called “S
of AP v/s T. Muralidhar Rao 2010” UNTOUCHABILITY:-
 SC stated it as valid to ensure equitable
1) UNTOUCHABILITY (OFFENCES) ACT
distribution of quota
 SC also said 4% is given to those OBC who are
1955:-
muslims not those muslims who are OBC (as  made untouchability as a non-cognizable and
they already enjoy reservation as part of 27% bailable offense
reservation) Cognizable Non-cognizable
 Like surnames Khan, Mirza, Syed are not
1) Serious offenses, 1) Non- Serious offenses,
where the law where the law
socially and educationally backward , so they
prescribes a prescribes a
were taken out of 4% quota punishment of more punishment of not
 ROHINI (JUSTICE) COMMISSION 2017 than three years of more than three years
OCTOBER UNDER ART 340 imprisonment of imprisonment
2) Murder, kidnapping 2) Mis behavior, public
 Article 340 deals with the appointment of a
etc abuses
commission to investigate the conditions of
3) Police can take suo 3) Police cannot arrest and
backward classes.
moto action by way of file FIR without a
 As Union Govt of India does not follow Sun- arresting and filing an warrant of arrest issued
categorization policy FIR against the by a court of law
 Center appointed justice Rohini commission in order accused 4) Bailable offenses (both
to explore the possibilities for sub-dividing the OBC 4) Non-bailable offenses police and court can
communities under the central list , so as to promote (only court can grant grant bail)
equitable distribution of the quota of benefits among bail
OBC  Two objections were raised against this act
 Commission submitted its interim report in march a) The use of term “untouchability” in the law
st
2021 & is expected to submit its final report by 31 itself is not aligned with the spirit of fight
January 2023 against untouchability
 On the basis of the last five year data the commission
b) Law was considered to be milder not
has identified that there are 2633 castes that have
stringent
been included under the central list of the OBCs , of
which 2) CIVIL RIGHTS (PROTECTION) ACT
th
a) 10 castes alone have 1/4 of the OBC quota 1955”
th
benefits (1/4 of 27%)
rd  Therefore in 1976 this law was amended and
b) 37 (10 + 27) castes enjoy 2/3 of 27% quota
th renamed as “Civil Rights (Protection) Act 1955”
c) 100 (37+ 63) castes enjoy 3/4 of 27% quota
d) >1000 castes does not enjoy quota (0%) and practice of untouchability was made
 Because of this commission has suggested (not final cognizable and non-bailable .law was made
recommendation) to divide OBC into 4 sub-groups and stringent
distribute the reservation benefits  However, even after this new type of atrocities
a) Sub-group 1 = 2% ,crimes were committed with SC, ST which do
b) Sub-group 2= 6% not come under this new Act also ,for example
c) Sub-group 3= 9% a) Garlanding of slippers
d) Sub-group 4= 10% b) Social and economic boycott
 Total= 27% c) Sexual exploitation of SC, ST
 The four-member Commission headed by Justice
(Retd.) G. Rohini, Chief Justice (Retd.), Delhi High 3) SC & ST (PREVENTION OF ATROCITIES)
Court was to submit its report in twelve weeks time ACT 1989
from the date of assumption of charge by the  Therefore new Act was passed known as “SC &
Chairperson.
ST (Prevention of atrocities) Act 1989 ,
 ARTICLE-17 THE RIGHT AGAINST commonly called as POAA
 There are some core provisions of this 1989 Act
UNTOUCHABILITY:- which become controversial
a) Abolishes untouchability
a) A person can be arrested and FIR can be filled
b) Prohibits the practice of untouchability in any
against him without a preliminary enquiry
form
c) Punishable offence if done done to verify the allegations made in a
 Art 35 confers power on parliament by law to enact a complaint {fear of misuse }
law for punishment to practice untouchability

b) Under section 18 of the act no anticipatory  40-45% crimes of total crimes under this Act
bail can be granted under this act committed in Maharashtra and than Gujarat
c) A public servant can be arrested and FIR filled  BASIC REASONS FOR JUMP IN NUMBER OF
against him without the approval of his CRIMES AGAINST SC, ST
appointing authority a) Increased political mobilization of Dalits and
 Conviction rate is just 2 % under this Act , tribals
showing ineffectiveness of this Act and Misuse b) Increased literacy level of these two
also communities has brought greater level of
 Dr. Subhash Kashinath Mahajan v/s The awareness about the rights and legal means
State Of Maharashtra on 20 March, 2018 available to protect these rights
 Two judged bench c) Better reporting of the crimes by the
 SC held the law 1989 valid and gave 3 three members of SC, ST communities and wider
guidelines , binding o all authorities coverage given by the sensitive media to such
a) Accused cannot be arrested and detained crimes
and FIR filled against him without a d) Increased encroachment upon the tribal and
preliminary enquiry made by a police officer the dalits land by outsiders leading to land
of the rank of senior superintendent of based crimes being committed
police or above to verify the allegations e) The continued practice of untouchability
made in a complaint even in urban centers
b) the act anticipatory bail can be granted under f) Increased number of inter-caste marriages
this act, if no prima facie (on the face of it) involving dalits and non-dalits leading to
case of atrocity has been made against the caste based crimes and honor killing
individual {Note it this guideline amounts to  STEPS TAKEN BY GOVT
judicial legislation} a) Enactment of amendments in POAA 2018 by the
c) a public servant cannot be arrested and FIR parliament
filled against him without the prior approval b) Appointments of special courts at district level to
of his appointing authority trial exclusively the cases filled under the POAA
 However, these guidelines are also practically c) Appointments of special public prosecutors to
cannot be completed as there are many more help these courts to expedite the disposal of
cases than the SSP rank or above officers , and these cases
once bail granted the cases last for longer  SUGGESTIONS FOR THIS
 Therefore, in 2018 , amendment was made a) Untouchabality is a social evil, cannot be
to the POAA 1989 addressed through only legal means
a) All these three SC guidelines were reversed b) Social education of masses is necessary through
b) And original provisions were restored as it the mass media to create social sensitivity among
was made in 1989, so it is also challenged in the people
SC c) The SC, ST candidates were elected to the
c) Prithvi Raj Chauhan V/S UOI 2020 Panchayats , should be allowed to function in an
 Three judge Division bench of ASC held all autonomous manner
provisions and amendments are d) Promoting the sense of tolerance among the
constitutionally valid people , especially from the school level onwards
 Larger bench overhauled the decision of
lower bench  AWARD  TITLE
NCRB was set-up in 1986 to function as a repository 1) Award is conferred for 1) It is conferred for the
the meritorious service services rendered to
of information on crime and criminals so as to assist
rendered to the nation the nation , society or
the investigators in linking crime to the perpetrators
or to the society the government , that
based on the recommendations of the Tandon 2) Conferred on confers the title
Committee, National Police Commission (1977-1981) individuals without any 2) Here such rule is not
and the MHA’s Task force (1985). distinction based on strictly followed
religion , race , caste , 3) allowed to use the
 NCRB REPORT 2021 ON POAA (1989) sex , place , occupation award by prefixing or
 NCRB:- National Crime Records bureau in its 2021 etc suffixing to its name
report pointed out that in past 3 years , there is 3) An awardee is not like lord etc
near 20% increase in number of crimes allowed to use the 4) title does create
committed against SC, ST under POAA 1989 award by prefixing or artificial social
suffixing to its name distinctions in the
4) An award does not society d) These rights are enjoyed by only the
create artificial social citizens
distinctions in the e) These rights are enforceable against only
society the state except the right to freedom of
movement (which is enforceable to both
 ABOLISITION OF TITLES (ART-18) against state and Individuals)
1. ART 18(1) OF THE CONSTITUTION 2) Part-II:-
a) prohibits the state (only ) from conferring a) includes Art 19(2) to (6)
any title on any individual both foreigners or b) they contain the grounds on which the
Indians state is empowered to impose
b) However, state is free to recognize military reasonable restrictions on the 6
and academic distinctions like PVC, Maha Vir fundamental rights
Chakra (MVC), Vishist Sewa Medal (VSM), Ati c) therefore these rights are not absolute
VSM, PhD, D.Sc, D. Litt. They are allowed rights , they are restricted rights
because they are considered to be rewards  THE SIX FUNDAMENTAL RIGHTS ARE
not titles 1) Art 19(1)(a):- right to freedom of speech and
 PADMA AWARDS expression
 Balaji Raghavam v/s UOI 1996 2) Art 19(1)(b):- Right to assemble
 Constitutionality of Padma awards was challenged 3) Art 19(1)(c):- Right to form association
that it violates the Art 18(1) 4) Art 19(1)d):-right to freedom of movement
 SC held it constitutionally valid on the ground that 5) Art 19(1)(e):-right to reside and settle down
they are similar to reorganization of academic and
anywhere in country
military distinction
6) Art 19(1)(f):- Right to property, but omitted
 They are in nature of awards but not titles
by 44th CAA 1978
 Further what is prohibited under Art18(1) is
hereditary titles of nobility like Duke, Marquis etc 7) Art 19(1)(g):- Right to Avocation
 The theory of equality under the constitution does
not mandate that merit should not be recognised
1. ART 19(1)(a):-
 So recognition of merit is necessary to encourage  RIGHT TO FREEDOM OF SPEECH AND
the public EXPRESSION ALONG WITH ART 14 & 21
2. ART 18(2) PROHIBITS  Forms core of fundamental rights
 It is considered as Base minimum for existence of
a) The Indian citizens from receiving any title
from any state democracy, necessary to form public opinion
b) However, they are free to receive awards  Maneka Gandhi v/s UOI 1978
from any state like order of british empire, a) SC said freedom of speech is not restricted
legendary honor, honoris causa, Chevaliar de by political and geographic borders of India
L’ Order Arts et letters {Knight of the order of b) It means citizens also enjoy this right even
Arts and letters}, Nishan-i-Pakistan (Dalip while travelling abroad
kumar and Morarji desai got this) a) Further SC said in same this case, that
freedom of speech and expression is
3. ART 18(2) PROHIBITS inalienable (in separable) adjunct (a part) to
a) The foreigners , who is in the services of the
right to life
GOI from receiving any title from any state
b) SC said that freedom of speech and
without the prior permission of the president
expression is a composite right (combination
of GOI
of many rights) and it gives rise to second
b) This is to ensure his loyalty to the govt
largest number of inferred rights {first is right
 RIGHT TO FREEDOM (ART 19-22) to life}
 Inferred right is one which is not explicitly given in
 ARTICLE-19 constitution but is derived implicitly by the
 It has two parts judiciary by giving a wider interpretation to the
existing right
1) Part-I:-  Example right to privacy is not given explicitly , SC
a) includes Art 19(1) during wider interpretation of right to life,
b) declaration of the rights included this
c) it confers 6 fundamental rights on the  AK Gopalan case v/s state of Madras 1950
citizens that are called “Democratic a) Further SC said that freedom of speech and
rights”. expression is not inalienable adjunct (a part) to
right to life
b) Further SC said that freedom of speech and Jayaprakash Narayan, as the People's Union
expression is a composite right for Civil Liberties and Democratic Rights
 freedom of speech and expression is subjected to (PUCLDR)
restriction on maximum number of grounds because it e) It also includes right to dissent , means right to
is susceptible to misuse the most by the citizens
oppose or have different view point against or
 VARIOUS MEANINGS OF FREEDOM OF from the govts
SPEECH AND EXPRESSION:-  UOI v/s Naveen Jindal 2004
a) Freedom of a citizen to express his views and  SC held that hoisting the national flag at the
opinions freely and openly, it means without any top of private building by citizens is a part of
undue-constrains imposed by the state expression of his sense of patriotism, which is
 It also means the right of a citizen to choose a fundamental right under Art 19(1)(A)
any conceivable medium to express his views  Originally the Flag code 1950 allowed Indians
and opinions (by words of mouth, writing, to hoist National flag only three days (26jan,
printing, painting, hoarding, banners , science 15aug, 2 oct)
, symbols, gestures, silence etc)  Similar, waiving the national flag is also a
 It also includes to not express your views and freedom of speech and expression
opinions
 Right to listen or not to listen of other views
 FREE SPEECH & THE INTERNET
 It also includes the right to silence (restricted  As we have fundamental right to have access to
not absolute) newspapers ,electronic media , so in similar way
 Right of citizen to express others (citizens + we have access to Internet
non-citizens) views and opinions as well  So, Is access to Internet a fundamental right or
b) It is from this interpretation the right to freedom not ?
of press emerged as fundamental right (it is  ANURADHA BHASIN V/S UOI 2020,
inferred) (press includes all type of media)  In supreme court in ANURADHA BHASIN V/S UOI
c) It also includes the right to have access to 2020, it was argued that access to internet & its
information (media/internet) { it completes the services itself is a fundamental right available to
right to freedom of press) citizens under Art19(1)(a).
 It gives rise to “Right to Information” (RTI as )  further the constitutionality of the suspension of
fundamental right internet and its services for long period was
d) It also includes the right to informed choice challenged before the court
 UOI v/s association for democratic reforms  SC opinion
(ADR) 2002 a) the SC in this case held that the suspension of
 SC held that citizen enjoy the right to make internet and its services for indefinite period
informed choice and directed that all is inadmissible. internet and its services can
contesting candidates in the elections shall be suspended by the state only on the
disclose their assets and liabilities , their grounds that are mentioned under Art-19(2)
educational qualifications , criminal b) the state can suspend the Internet and its
conviction if any and pending criminal cases if services only through issuing a public
any notification which should clearly state the
 PUCL v/s UOI 2013 purpose for which and the grounds on which
 SC held that actual act of casting one’s ballot it is suspended, so that the citizens will be
during elections amounts to expression of able to challenge the constitutionality of such
one’s political opinion and is protected under an action of the state.
Art 19(1)(A) c) Further a state must be able to establish a
 SC held Right to vote is constitutional right nexus b/w the purpose and the grounds of
not fundamental right , but physical act of suspension
casting your ballot amounts to you d) Further more if there is a softer option of
expressing your political expression and thus achieving the same purpose available , the
it is a fundamental right harder option of suspending the internet and
 Like if polling booth officer prevents you its services shall not be resorted to
from casting your vote, you can go to direct e) Thus the SC has not dwelt on the question
SC whether the access to internet in itself is a
 People's Union for Civil Liberties (PUCL) is a fundamental right available to citizens under
human rights body formed in India in 1976 by Art-19(1)(a). it continues to remain as

substantive question of law as to the b) The SC in Kedar Nath Singh vs State of Bihar
interpretation of the constitution by the SC (1962), already upheld the constitutionality of
f) However, the Kerala HC IN A CASE FAHEEMA section 124A
SHIRIN V/S S OF KERALA 2019, held that the c) If sec124A has been misused by the state , the
access to the internet is available as a remedy lies in creating regulatory measures to
fundamental right under Art-21 of the prevent the state from misusing it but not
constitution scrapping sec124A.
 FREE SPEECH & SEDITION LAW  REFORMS SUGGESTED:-
 Sec 124A of IPC defines sedition as that “if a a) The SC in Kedar Nath Singh vs State of Bihar
person through written or spoken words or (1962), held that the test to determine the use or
through any action creates disaffection or misuse of freedom of speech is by the application
disloyalty among the people against the lawfully of three factors namely discussion, advocacy,
established government then it amounts to and incitement to violence.
sedition and prescribes a punishment upto life  SC further held that near discussion or advocacy
imprisonment however strong or vociferous , it may be in
 The IPC Section 124 A of IPC says, “Whoever, by criticizing the govt , it doesn’t amounts to misuse
words, either spoken or written, or by signs, or by of free speech and citizens are exercising the
visible representation, or otherwise, brings or rights to dissent.
attempts to bring into hatred or contempt, or  Only when the free speech degenerates into
excites or attempts to excite disaffection incitement to violence it amounts to sedition and
towards the Government established by law in sec124A can be applied. Therefore according to
India shall be punished with [imprisonment for the SC the core of sedition is incitement to
life], to which fine may be added, or with impris- violence ,
onment which may extend to three years, to  so it has been suggested their Proviso
which fine may be added, or with fine. incorporating this essence of SC judgement to Sec
 On the question of constitutionality of Sec-124A 124A can be done to prevent its misuse.
there are two schools of thoughts b) The term of punishment can be reduced to a
maximum o 5 to 7 years of imprison
A. ANTAGONISTS OF SEDITION LAW
a) Section 124A is unconstitutional and void  RECENT DEVELOPMENTS
because it is a colonial provision made by the  While hearing the petitions filed before the SC,
british in order to suppress the emerging questioning the constitutionality of Sec124A, the
nationalistic and democratic spirit among the SC in May2022 observed that Sec124A was
people of India and thus it is anti-democratic in meant to maintain the colonial control over the
spirit , doesn’t deserve a place in a democratic people of India and it should not be applied by
polity the state till further orders of the SC.
b) It creates a sense of fear in minds of the people  Thus the SC has kept sedition law under
about a possible arrest and detention even when Abeyance until it rules on the constitutionality of
legitimate criticism against the govt are made by Sec124A
the citizens. Thus it prevents the citizens from  SEDITION MATERIAL FROM INTERNET
expressing their views and opinions freely and  Latest Context:
openly  A Supreme Court bench on 3rd February 2021
c) Section 124A has been highly misused against junked a petition seeking action against former
various sections of the citizens , as per the Jammu and Kashmir Chief Minister (CM) Farooq
recommendations of “International covenant on Abdullah for his comments over scrapping of
civil & political rights 1967” sedition law should Article 370 and bifurcating J&K into two union
be withdrawn as a legal process of court territories. The apex court stated it is not
appearances in itself amounts to punishment. seditious to have views that are different from
India is a part to the above covenant. India has the government’s.
signed this covenant.  This brings ‘Sedition Law in India’ under
B. PROTAGONISTS OF SEDITION LAW highlight. IAS Exam aspirants must know the
a) This school of thoughts argues that with the kind relevant details about it for their preparation.
of security threats that India is facing from  HISTORY OF SEDITION LAW IN INDIA
terrorists , insurgents and Maoists , we cannot 1. 1837 – Thomas Macaulay (Famous for his
afford to de-criminalize section-124A Macaulay Minute on Indian Education 1835)

drafted the Penal Code in 1837. of Consent Act, 1891.
 Sedition was placed in the Penal Code 1837 as  His criticism was taken as disobedience towards
Section 113. the government.
 Later, it was omitted, to only be readded in 1870  However, later the case was dropped after he
back in the Penal Code by an amendment was released on bail.
introduced by Sir James Stephen. b) Sedition Trial of Lokmanya Tilak (1897)
 British Raj in India had introduced this section on  Bal Gangadhar Tilak has published the reports of
sedition under the title “Exciting Disaffection”. the celebration followed by an 1894 paper on the
2. IPC Amendment Act of 1898 – It made Maratha king Shivaji by Professor R. P. Karkaria.
amendments to the changes brought through the Karkaria presented his paper to Bombay’s Royal
Penal Code in 1870. Asiatic Society in 1894. This paper led to the
 The current Section 124A is said to be similar to annual celebration of the Shivaji Coronation.
the amendments made to it in 1898 with few Later, Tilak published the celebrations’ reports.
omissions made in 1937, 1948, 1950, and by Part  Tilak reported these celebrations as “Shivaji’s
B States (Law) Act, 1951. Utterances” in his dailies – Kesari and Mahratta.
 SECTION 124A OF IPC – SEDITION  The case was presided by Justice Arthur Strachey.
 The IPC Section 124 A says, “Whoever, by words,  This sedition trial is historically famous as in this
either spoken or written, or by signs, or by visible case, an attempt to excite feelings of enmity
representation, or otherwise, brings or attempts against the government was also brought under
to bring into hatred or contempt, or excites or the scope of Section 124A terming it is seditious.
attempts to excite disaffection towards the Hence, it widened the understanding of Section
Government established by law in India shall be 124A.
punished with [imprisonment for life], to which  Tilak was sentenced to 18 months of rigorous
fine may be added, or with imprisonment which imprisonment.
may extend to three years, to which fine may be c) Sedition Trial of Lokmanya Tilak (1908)
added, or with fine.  Tilak published two Kesari Articles, titled “The
 WHAT IS DISAFFECTION TOWARDS Country’s Misfortune” which he published on
GOVERNMENT? 12th May 1908 and “These Remedies Are Not
 Disaffection includes disloyalty and all feelings of Lasting” which was published on 9th June 1908.
enmity.  Under the newly drafted Section 124A, he was
 WHAT DOES NOT CONSTITUTE AN OFFENCE sentenced to six years of imprisonment in Burma
UNDER SEDITION? (Now, Myanmar).
a) When comments disapprove of government measures d) Sedition Trial of Mahatma Gandhi (1922)
but with a view to alter them lawfully i.e. ‘Comments  Mahatma Gandhi was imprisoned for six years for
expressing disapprobation of the measures of the his Articles in his newspaper, ‘Young India’.
Government with a view to obtaining their alteration  The charges imposed on him were – “Bringing or
by lawful means, without exciting or attempting to attempting to excite disaffection towards His
excite hatred, contempt or disaffection.’ Majesty’s Government established by law in
b) When comments disapprove of government’s British India”
administrative actions without exciting all feelings of
 Mahatma Gandhi termed Section 124A as “Prince
enmity – Comments expressing disapprobation of the
administrative or other action of the Government
among the political sections of the Indian Penal
without exciting or attempting to excite hatred, Code designed to suppress the liberty of the
contempt or disaffection. citizen.”
 PUNISHMENT FOR THE SEDITION OFFENCE B. POST-INDEPENDENCE – SUPREME
a) It is a non-bailable offence. COURT DECISIONS
b) Imprisonment up to three years to a life term, to c) Brij Bhushan And Another vs The State Of
which fine may be added. Delhi (1950) & Romesh Thappar vs the State
c) The person found guilty of this offence is not
of Madras (1950)
eligible for any government job.
 The apex court held that a law that restricts
 CASES RELATED TO THIS LAW speech on the ground that it would disturb public
A. PRE-INDEPENDENCE order was unconstitutional.
a) Queen Empress v Jogendra Chunder Bose  The decision of the court prompted the ‘First
Constitution Amendment’, where Article 19 (2)
(1891)
was rewritten to replace “undermining the
 Jugendra Bose wrote an Article criticizing the Age

security of the State” with “in the interest of d) To penalize the offender for disrupting public
public order” order, IPC and Unlawful Activities Prevention Act
d) Kedar Nath Singh vs State of Bihar (1962) 2019 have provisions that can take care of the
 The constitutional validity of Section 124A was punishments.
put to a test in this case. e) India’s ratification of the International Covenant
 A member of a Forward Bloc had given a speech on Civil and Political Rights (ICCPR) in 1979 should
which was charged as sedition. be seen as a right step towards acknowledging
 The Supreme Court held: freedom of expression. Hence, with Sedition Law
 “Speech or writing to which “subverting the in activity, could lead to the wrong use of the law
government by violent means” is implicit— where people are charged with offence
including the notion of “revolution”—is arbitrability for expressing their opinions.
seditious.”
 A failed attempt to incite too is counted as  FREE SPEECH & HATE SPEECH
sedition.  There is no specific provision in law that defines
 It was seditious to create public disorder. hate speech. However, there are many provisions
 No “unreasonable distinction” between criticism in law that criminalize , penalizes speeches,
of the government’s measures and criticism of writing, actions etc that promote violence and
the government itself was drawn. spread dis-harmony b/w communities and
e) Balwant Singh vs State of Punjab (1962) groups.
 Balwant Singh who was the Director of Public  Such legal provisions are applied to cover
Instructions (DPI) in Punjab, Chandigarh among hate speeches, this include
other two, was alleged to have shouted pro- a) Sec124A of IPC:- that penalizes sedition
Khalistan slogans on the day of former PM Indira b) Sec 153A of IPC:- that penalizes promotion of
Gandhi’s assassination. enmity b/w different communities and
 The apex court held that unless there is public groups on grounds of religion, race, caste,
disorder merely sloganeering can’t attract sex, place of birth, residence, language etc
punishment under Section 124A. c) Sec295A of IPC:-that penalizes deliberate
 One can also learn about important Supreme acts intended to outrage the religious
Court judgements that are important for UPSC sentiments of the people
from the linked Article. d) Sec 7of CRP Act:- penalizes incitement or
 WHY CAN SEDITION LAW BE IMPORTANT? encouragement of Untouchabality through
a) The law keeps a check on anti-national, spoken or written words.
secessionist and terrorist elements that can  THE SC ON HATE SPEECH :-
hamper the public order and incite violence and
induce enmity. A. Pravasi Bhalai Sangathan V/s UOI 2014
b) It helps in the stability of the elected government  SC pointed out that hate speech apart from
which could otherwise be attempted to be causing distress to individual members can
thrown out using illegal and violent means. endanger national security , disturb public order ,
c) It is an alignment with contempt of court. Elected communal harmony , promoting xenophobia,
Government is an important part of the genocide , ethnicity and caste based violence and
executive. Hence, contempt of the government intolerance in the society.
can be checked. B. Amish Devgan v/s UOI 2020
 ARGUMENTS AGAINST THE SEDITION LAW  SC emphasized the need for the state to specifically
a) As the seeds of sedition law were sown in criminalize the “Hate speech” a lay down test to
determine what amounts to Hate speech
colonial times, it is often described as a draconian
law that can be used against what is otherwise is  LAW COMMISSION OF INDIA ON
constitutionally guaranteed freedom of speech HATE SPEECH
and expression
 It has suggested that separate offences be added to
b) It has an ill effect on constructive criticism. As the IPC to cover Hate speech in the form of Sec153C
noted by the Supreme Court, views that are and Sec505A.
different from the government’s don’t mean a) Sec153C will penalize the hate speech when
seditious. Therefore, sedition laws can directed towards groups with an imprisonment of
demotivate legal and lawful criticism. 2 years with or without a fine of Rs.5000.
c) Britain had repealed the Sedition Act in 2009, b) Sec505A will penalize hate speech when directed
hence India should too be long done with this. towards Individual members with an

imprisonment of 1 year with and without a fine c) right to continue or not to continue with an
of Rs5000. association
 Note:- Parliamentary Standing Committee  SC also clarified it doesn’t include “to be
on Home Affairs, has recommended for the admitted into an association”
incorporation of separate and specific provisions  Note:- associations can only be formed that are
in information technology Act (ITA2000) 2000 to legitimate and legal whether it is political
cover online hate speech (formation of political parties), societal, business
 RECENT DEVELOPMENTS:- related etc
 Union is one form of association associated with
a) Currently SC is hearing a petition seeking
workers in an organization. Right to form trade
independent enquiry into the alleged hate
unions by the workers comes under this.
speeches delivered during the Dharam sansad
 But SC also clarified the it doesn’t confers the
conference (religious parliament) held at
Right to strike (it is an ordinary legal right
Haridwar in Dec2021.
outside the constitution but not a fundamental
b) In the light of the reports, the elected people’s
right)
representatives have also delivered hate speech ,
 Under legal right to strike includes right to
the SC in Oct-2022 directed the three Govt of UP,
call for a bandh or Hartal
Uttrakhand and Delhi to Submit Action taken
reports (ATR) on the alleged hate speeches  CPM v/s Bharat Kumar 1998 SC
delivered within their respective jurisdiction. It  Communist party (Marxist) argued that right
has also directed the officials to take suo-moto to call for a bandh is a double fundamental
action against the hate speeches delivered within right available under Art19(1)(c) and also
their respective jurisdiction without waiting for a under Art 19(1).
complaint to be filed in this regard.  SC held all forms of Bandh Are illegal and SC
c) Any failure to act on the directions of the court made a distinction b/w strike and general
will be treated as contempt of court and strike
necessary actions will be initiated against the  General strike means which affects the entire
officials society and disturbs the normal life in the
society .
2. ART19(1)(b)  Ordinary , normal strike confines to a
 it confers the FUNDAMENTAL RIGHT TO particular are and does not affect the entire
ASSEMBLE BUT the purpose of Assembly should society. It is localized
be peaceful and without arms  So according to SC, Bandh(बंद) is a general
 It also includes the Right to meeting (a strike that threatens to Shut down the entire
stationary assembly) and take out a society and it carries an element of coercion
procession (a mobile assembly) means it violates three fundamental rights
 Acc. To SC, Art 19(1)(b) is a corollary of a) Freedom of movement
Freedom of speech and expression b) Freedom of livelihood under Art-21
 Corollary is something which is implicit under
c) Freedom of speech and expression
freedom of speech and expression  According to SC “Hartal” is a strike , it is not a
 This right is not an absolute right it is subject
general strike , so it is legal.
to maintain the public order in the interest of
morality and decency
 CAN RIGHT TO FORM ASSOCIATION
 For example for the purpose of maintaining BE RESTRICTED?
public order under Sec144 of Cr.P.C , DM can  Art-33 of constitution confers the power on the
impose prohibitory orders and curfew state to modify the right available under
3. Art19(1)(c) Art19(1)(c) in its application of right to the
members of the forces that are involved in the
 It confers the fundamental rights to form
maintenance of law and order and security of the
associations or unions or corporative societies.
th country
 97 CAA 2011, which added the fundamental
 So in simple language the members of the police
rights to form or corporative societies under
forces and armed forces may be restricted in the
Art19(1)(c)
availability of rights under Art-19(1)(c)
 It also included:-
 So parliament has made the Army Act, Navy Act,
a) Right to join or not to join
Air force Act, Police Act (passed by states), Under
b) rights to form or not to form
which the right to form political association and
trade unions has been denied to the members of
the armed forces and police forces. Therefore  CONSTITUTIONALITY OF ONLINE GAMING
they don’t have right to strike also. They can form  Under Article 19 (1) (g) citizens can take up any
only non-political organisations like cultural etc. profession, occupation, business or trade.
4. ART-19(1)(d) However the state can impose reasonable
 It confers the right to freedom of movement restrictions-
throughput the territory of India a) in the interest of general public
 The constitution uses the expression throughput b) take over any business or trade either
the territory of India not within the territory of partially or completely to the exclusion of the
India citizens
 Throughout the territory of India means no part c) prescribe professional or technical and other
of the country shall be made inaccessible to the necessary qualifications.
citizens, however, Within doesn’t guarantee that  For example, the business or trade in liquor,
 Freedom of movement promotes national money lending, gambling, lottery or betting etc
can be banned or regulated by the State in the
integration , fraternity, ad it treats whole country
as a single nation and people as a single people. interest of general public.
 RIGHT TO FREEDOM OF MOVEMENT  CONSTITUTIONALITY OF ONLINE
IS OF THREE TYPES GAMING
 Online gaming including fantasy games like
1. Right to move Inside the country:- Art
Dream 11 has fast emerged as the most engaging
19(1)(d) only guarantees this right
form of entertainment in India because of the
2. Right to travel abroad:- guaranteed under Art
presence of a huge younger population,
21 of constitution
increased internet penetration and affordable
3. Right to Return back to country:- guaranteed smart phones.
under Art 21 of constitution
 The Supreme Court in State of Andhra Pradesh
 Exception :- to Art 19(1)(d), freedom of Vs. Satyanarayana 1967 case held that gaming is
movement can be restricted under two grounds of two types viz, skill based and chance based. It
a) In interest of general public held games of skill like bridge, rummy and poker
b) In interest of Schedule tribes are legal and protected under Article 19 (1) (g).
 So INNER LINE PERMIT (ILP) SYSTEM is a policy of
However “games of chance” that involve a high
Govt under which travel restrictions are imposed degree of chance and unpredictability like
on citizens and non-citizens both in the interest roulette, dice, teen patti etc are essentially about
of the schedule tribes gambling and hence are deemed illegal. In
 The ILP system can only be introduced by the
Avinash Mehrotra Vs. State of Rajasthan 2021,
center not the state. At present it is enforced in the Supreme court held that fantasy sports of a
a) Arunachal Pradesh predominant format require considerable skill,
b) Nagaland judgment and discretion. It held the online
c) Mizoram fantasy game “Dream 11” involves skill and does
d) Manipur not amount to gambling.
 Whereas ILP is a special pass which is issued by
 The High Courts of Madras (August 2021) and
state govts to citizens and non-citizens to travel Karnataka (February 2022) have held that a
to certain restricted parts of the state complete ban imposed on Online gaming as
5. ART 19(1)(e) unconstitutional and void and that a game
 It confers the fundamental right to reside and involving substantial skill would not amount to
settle down throughout the territory of India gambling.
 Reside:- for temporary period  STEPS TAKEN:
 Settle down:- for permanent time  A game of skill may involve issues like addiction,
 It is a corollary of the previous right (right to emotional and mental health issues, affect one’s
freedom of movement) social life, lead to increased incidence of violence
 Exception :- to Art 19(1)(e), can be restricted in the society and financial ruin of not only an
under two grounds individual but also his family. It also involves
c) In interest of general public ethical issues where a gaming programme may
d) In interest of Schedule tribes be designed to be addictive and tweaked to the
6. ART 19(1)(g) benefit of Online gaming companies.
 It confers the fundamental right to Avocation  The Law Commission of India and the Lodha

Committee have recommended to legalize other fundamental rights fully, Art-20 has been
betting so as to regulate the industry and bring it included
over board and prevent it from being held  Therefore, Art-20 and Art-21 cannot be
underground. suspended even during a national emergency
 The center has appointed a four-member 1. Art20(1)
committee to examine issues related to online  Prohibits state from Enacting the ex-post facto
gaming and make recommendations to regulate Criminal legislations
the sector and ensure online gaming is played  Under this Article, an individual can be punished
responsibly, safely, transparently and securely. for the commission of an Act only if than the Act
The committee will also examine the ways to was described as a criminal offense in the law
identify the online games which are addictive and books at the time of its commission
prevent the system to be misused by online  Act which was not originally a criminal offense at
gaming companies. the time of its commission, cannot be
 WAY FORWARD subsequently made into a criminal offense and
 India needs a comprehensive law to regulate the Individuals cannot be punished for that
gaming industry. The law should impose time and  Further, no person shall be given a punishment
age- related restrictions, where an online gaming greater than what is prescribed under the law at
platform should not be allowed to operate 24 the time of its commission
hours a day. The system should operate on the  Art-20(1) prohibits the states fro giving
basis of informed consent and parental consent retrospective effect to a criminal legislation
given by the players. The KYC norms should be an  All criminal legislations can be given prospective
integral part of the system. The state should effect
educate the general public about the potential  But civil legislations can be given with both
risks involved in playing the online games. retrospective and prospective effect
2. Art20(2)
 It prohibits the state from Practicing Double
 THE PROTECTION IN RESPECT OF Jeopardy
 It provides that no person shall be prosecuted
CONVICTION FOR OFFENCES (Art-20) and punished more than once for the commission
 Article 20 of the Constitution provides for the
of a single offense.
protection in respect of conviction for offences. No
one can be convicted for an act that was not an  It prohibits only the criminal courts and criminal
offence at the time of its commission, and no one can tribunals from prosecuting and punishing an
be given punishment greater than what was provided Individual more than once for the commission of
in the law prevalent at the time of its commission a single offense
 Protection is given in the form of Prohibition on  It doesn’t cover civil courts, executive
the states (no direct protection given to you)  Similarly, Defamation gives rise to civil and
 Art-20 talks about three types means criminal wrongs under Sec499 of IPC , it is a
criminal offense. At same time the victim can file
State is prohibited from doing three case in civil court for compensation. So it doesn’t
things come under Double jeopardy .{Note it}
1) Enacting the ex-post facto Criminal 3. Art20(3)
legislations (Cr. Legis) (Art20(1)  It prohibits the state from Compelling an accused
2) Practicing Double Jeopardy {Art20(2)}
to provide self-incriminating evidences
3) Compelling an accused to provide self-
 It binds only the police but doesn’t bind the
incriminating evidences (Art20(3)} judiciary and the legislation
 Term “post” indicates future, its opposite is ex-  It prohibits the police from compelling an
post means something in the past. So Art 20(1) accused to make a confessional statement, any
prohibits the state to enact a law and give a such statement made by accused to police either
retrospective effect for the law voluntary or otherwise is not admissible as
 For example:- If a law is passed on 25-11-22 , evidence in a court of Law.
either the law is given legal enforceability from  However, any confessional statement made
25-11-2022 or from a future date :- which is voluntarily by an accused is admissible as
known as PROSPECTIVE EFFECT evidence if made to a judicial magistrate.
 Therefore, to prevent the state from victimizing  The SC held that the protection given under
individuals ,and to allow the citizens to enjoy Art20(3) to an accused is not extend to cover if

he is compelled to submit specimen in the nature
of handwriting, signature, body tissues and fluids
etc for forensic examination as part of criminal
investigation because the outcome of such a
scientific result don’t be different whether the
specimen is submitted voluntarily or otherwise.
 Narco-Analysis tests:- for this three types of
tests are done
1) Polygraph (or lie detector )test
2) Brain mapping test
3) Narco-drug test
 1 + 2 are non-invasive tests
 3 is an invasive test , chemical substance i.e.
Sodium pentothal is injected into veins of the
accused
 Sodium thiopental, also known as Sodium
Pentothal thiopental, thiopentone, or Trapanal
(also a trademark),
 M. selvi vs state of Karnataka
 SC held that all these 3 tests are unconstitutional
and void if conducted on a subject without his
consent on the grounds , they are violative of his
right to privacy under Art-21 an Right against self
incrimination under Art 20(3)
All 8 classes done

15 (R) POLITY RAVINDRAN SIR

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the cabinet only not by the parliament or state

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 DOCTRINE OF JUDICIAL REVIEW [JR]  JUDICIAL REVIEW IS APPLIED BY THE

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challenged in court by third party case named as kameshwar Prasad vs State of

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