Fundamental rights

Fundamental rights 

Article -12- Definition:

In this Part, under the context otherwise requires, Government and the legislature of each of the state and the Government and the legislature of each of the state and the all local or other authorities within the territory of India or under the control of the Government of India.

Right to Equality (Article 14-18)

  • Kesavanand Bharti v. State of Kerala (1973)

Established the "Bacic structure  " doctrine railing that parliament cannot alter the core identity of the constitution, including Fundamental rights.

  • Indra Sawhney v. Union of India (1992)

Famously known as the Mandal case it dealt with reservation limits (50%cap) and introduced the of the “Creamy layar  "under article 16,

Right to freedom (19-22)

  • Shreya Singhal yManeka Gandhi v. Union of India (1978)

Expanded Article 21(Right to life)to mean a life with dignity,

  • Om Prakash and other's v. State of Uttar Pradesh (AIR 2004SC1896
  • Year of Judgement 2004

This is a significant landmark case decided by the supreme court of India concerning the right to freedom of trade and business under article 19(1)(g) of the constitution.

Congratulations Exceptions:

Article 19(6) -Reasonable restrictions in the interest of the general public.

  • Shreya Singhal v. Union of India (2015)
  • Moti lal v. State of Uttar Pradesh (AIR1951)
  • Ramesh Thapar v. State of Madras (AIR1950)

And highlights that “Freedom of the press” is an implicit part of freedom of speech and expression,

Right to information act,2005: Notes the enactment and significance of the right information act 2005, which empowers citizens to seek information and promote transparent governance.

Right to life and personal liberty and privacy article 21 

  • K.S. Puttaswamy v. Union of India (2017)

(Right to privacy as an intrincic part of life and personal liberty under article 21 

  • Vishaka v. State of Rajasthan (1997):

Address womens safety by creating the "vishaka guidelines article 14, 19 and 21 

  • A.K. Gopalan v. State of Madras (AIR  SC 1950) 

The supreme Court expressed the view that article 21 

  • Menaka Ghandhi v. Union of India (AIR 1978)

(Writ Jurisdictions)

Article 32  the right to move the supreme court by appropriate proceedings for the enforcement of the right 

Article 226 Power of high court to issues certain writs 

Section: Major types of Writs 

  1. Hubeas corpus 
  2. Mandamus 
  3. Prohibition 
  4. Certiorari 
  5. Quo-Warranto 

Law student Shalu 

Class -5th semester 

Manu law college nichalaul.

 

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