Fundamental Rights

Fundamental Rights

  • Discrimination not on grounds only of
    • Art 15: religion, race, caste, sex, place of birth
    • Art 16: religion, race, caste, sex, descent, place of birth, residence
  • Reservation
    • First Backward Classes Commission: 1953, Kaka Kalelkar
    • Second BCC: 1979, B P Mandal (by Morarji Desai govt)
    • Article 340
  • Reasonable Restrictions
    • Speech and Expression: sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation and incitement to an offence
    • Assembly: sovereignty and integrity of India and public order
    • Association: sovereignty and integrity of India, public order and morality
    • Movement: interest of general public and the protection of interests of any scheduled tribe
    • Residence: interest of general public and the protection of interests of any scheduled tribe
    • Profession: in the interest of the general public
  • Protection against self-incrimination does not extend to civil proceedings
  • Protection provided under normal detention in Art 22 not covers arrest under the orders of a court, civil arrest, arrest on failure to pay the income tax and deportation of an alien

 

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