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Polity 3

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29 views5 pages

Polity 3

Uploaded by

aman singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Article 16-

● Indian constitution provides for equality of opportunity for all


citizens in matters of employment or appointment to any public
office.
● According to Article 16 (1) there shall be equality of opportunity
for all citizens in matters relating to employment or
appointment to any post under the State.
● According to Article 16 (2), no citizen shall be ineligible for or
discriminated against for any post of employment under the
State on grounds only of religion, race, caste, sex, origin, place
of birth, residence or any of them.
● According to Article 16(4), Nothing in this article shall prevent
the State from making provision for the Reservation of
appointments or posts for any class of backward citizens who,
in the opinion of the State, is under-represented.
● On 28 June 2021, the Supreme Court held that persons with
disabilities have a Right to reservation in promotion under
Article 16(4) of the Constitution of India, 1950, in the case of
State of Kerala v. Leesamma Joseph.
● According to Article 16 (4A), nothing in this Article shall make
provision for the State to make any provision for reservation of
appointments or posts in favor of the Scheduled Castes and
the Scheduled Tribes who, in the opinion of the State, are
under-represented. Will not stop you from making it.
● [EWS (103rd amendment in 2019) and OBC have reservation in
public services]

Economically Weaker Sections (EWSs)


On 14 th January 2019 Constitution Amendment) Act, 2019 came
into force. The Act amends Article 15 and 16 and provides 10
percent reservation for economically backward upper castes in
government jobs.
Eligibility
● Annual family income is less than Rupees 8 lakh.
● Agricultural land should be less than 5 acres Residential flat
of the family should be less than 1000 sq.ft.
● Residential plot of a family should be less than 100 sq.yards in
a notified municipality. In a non notified municipality the
residential plot should be below 200 sq.yards.
● They should not come under any other reservation.

Article 17-
● Abolishes ‘Untouchability’ and forbids its practice in any form.
The enforcement of any disability arising out of untouchability
shall be an offense punishable in accordance with law.
For the Abolition of untouchability, the Protection of Civil
Rights Act, 1955 and the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 have been passed by
the Parliament.

Article 18-
● Constitution of India abolishes titles and makes four provisions
in that regard:
1. It prohibits the state from conferring any title on any citizen or
a foreigner (except a military or academic distinction).
2. It prohibits a citizen of India from accepting any title from any
foreign state.
3. A foreigner holding any office of profit or trust under the state
cannot accept any title from any foreign state without the
consent of the President of India.
4. No citizen or foreigner holding any office of profit or trust
within the territory of India can accept any present, emolument
or office from or under any foreign State without the consent
of the president.
● The awards of Bharat Ratan and Padma Vibhushan cannot be
used by the recipient as a title and do not accordingly, come
within the constitutional prohibition".
● Awards were constituted in 1954. In 1977 Janata Party
government suspended these awards. However in 1980 these
awards were again continued.

Right to freedom (Articles 19–22)

Article 19

● guarantees to all citizens the Six rights of freedom including:

Article 19 Provision

Article Freedom of speech and expression


19(1)(a)

Article Assemble Peaceful and without Arms


19(1)(b)

Article To form association or co-operative society


19(1)(c)

Article To move freely throughout the territory of India


19(1)(d)

Article To reside and settle in any part of the territory of


19(1)(e) India

Article To practice any profession, or to carry on any


19(1)(g) occupation, trade or business.
● The Constitution originally provided for the right to property
under Articles 19[1(f)] and 31 .
● The 44 th Amendment Act, 1978 deleted the right to property
from the list of fundamental rights.
● A new provision, Article 300-A, was added to the constitution
which provided that " no person shall be deprived of his
property save by authority of law".
● So Right to property is only a legal and ordinary right and now
if an individual's right to property is violated, he can not move
to the Supreme Court under Art-32.
● Such rights are protected by the ordinary law of the land.

Important Judicial Cases regarding Fundamental Rights

● Sankari Prasad vs Indian Union and Sajjan Singh vs


Rajasthan case (1951) Supreme Court agreed to the power of
Parliament to amend Fundamental Rights of constitution.
● Golak Nath v. State of Punjab (1967), 11 member Supreme
Court bench ruled that Parliament could not curtail any
fundamental right guaranteed under the Constitution.
24th Amendment to the Constitution of India (1971)-The
Parliament may in the exercise of its constituent power
amend by way of addition, variation or repeal any provision
of the Constitution in accordance with the procedure laid
down.
● Kesavananda Bharati vs Kerala State,1973-Thirteen judges of
the Supreme Court held that although no part of the
constitution, including fundamental rights, was beyond the
amending power of Parliament (thus overruling the 1967
case), the "basic structure of the Constitution" could not be
abrogated even by a constitutional amendment".
● Minerva Mills case (1980)- the Supreme Court provided key
clarifications on the interpretation of the basic structure
doctrine. The court unanimously ruled that the power of the
Parliament of India to amend the constitution is limited by
the constitution.

Article 20-
● Protection in respect of conviction for offenses
● According to this article, no person shall be convicted of an
offense unless he has, at the time of doing the act which is
alleged to be an offense, contravened any law.
● According to this article, no person can be prosecuted or
punished for the same offense more than once.
● A person accused of an offense cannot compel any person to
be a witness against himself.

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