To create the future you desire

INSPIRE ACADEMY
PSC COACHING CENTRE, PUNALUR
PH: 8086637273

 Who was the President of Indian National Congress

Karachi session in 1931?
Sardar Vallabhbhai Patel
 Who drafted fundamental rights resolution at Karachi
session
Jawaharlal Nehru
 The constituent assembly appointed and Advisory
Committee under Sardar Vallabhbhai Patel on 24th
January 1947
 This advisory committee deals with the rights of citizens,
minorities, tribal and excluded areas
 Sardar Vallabhbhai Patel is the chief architect of
fundamental rights
 Borrowed from USA
 These are justiciable rights
 The state can impose restrictions on fundamental rights
(they are not absolute but qualified )
 Who enjoys the right to impose reasonable restrictions on
the fundamental rights - President
To create the future you desire

 fundamental rights are suspended during emergency

 it is the Magna Carta of Indian Constitution
 The supreme court is the guardian of fundamental rights
 Article 12 explains
The state includes
o the government and the Parliament of India
o the government and state legislature
o all local authorities
o other statutory and non statutory authorities
 Article 13 - all laws that are inconsistent with or in
derogation of any of the fundamental rights shall be void
 the power of Supreme Court is to examine the
constitutionality of legislative enactments and the
executive orders of both Central and state government
 This article express Judicial review
 Judicial review of part III of the Constitution is not
explicitly mentioned
 It is implicitly conveyed through article 13(1)
 This power is conferred to Supreme Court (article 32)and
high court (article 226)
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 the idea of Judicial review has been taken from US

Constitution
 Parliament's right to amend fundamental rights
Shankari Prasad vs Union of India(1951)
 Challenged first Amendment Act Supreme Court said the
Parliament can amend any part of the constitution
 1967 Golkanath vs State of Punjab - Parliament can't
amend the fundamental rights
24th Constitution Amendment of 1971
 Power of Parliament to amend any part of the
Constitution including fundamental rights
 President's assent to Constitution Amendment Bill made
obligatory
Kesavananda Bharati vs State of Kerala 1973
 Supreme Court introduced the concept of doctrine of
basic structure
 Concept of basic structure taken from Germany
 Following concepts form a part of basic structure
 Supremacy of the constitution
 Secular character of the constitution
 Federalism
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 Separation of power
 Power of Judicial review
 The mandate to build a welfare state
 Preamble is an integral part of the constitution
 Parliament can amend any part of the Constitution
including fundamental rights but such amendments should
not Erode basic structure
42nd constitutional amendment (1976)
 Such amendment can't be questioned in any Court
 Minerva Mills case (1980 )which declared Judicial review
as part of basic structure
Article 14 to 18 Right to Equality
 Article 14 -equality before law
 The idea of Rule Of Law taken from Britain
 Article 15 -no discrimination
 Article 16 -Equality of opportunity in matters of public
employment
 Article 17 -Right against untouchability
 Article 17 is a negative right
 Article 18 - abolition of titles except military and academic
Right to freedom (article 19 to 22)
To create the future you desire

 Article 19 contains six fundamental freedoms

 article 19(1)(a) - Right to freedom of speech and
expression
 19(1)(b) - Right to assemble peacefully without arms
 19(1)(c) - Right to to form Association
 19(1)(d)- Right to move freely throughout the territory of
India
 19(1)(e)- Right to reside and settle in any part of the
territory of India
 19(1)(f) - omitted through 44th Constitution Amendment
 19(1)(g) Right to practice any profession or to carry any
occupation, trade or business
 19(2) Reasonable restrictions
 Article 20 protection in respect of convictions for offences
 Article 20(1) protection against Ex-Post facto laws
 Article 20(2) protection against double jeopardy
 Article 20 (3) privilege against self-incrimination