Conroot

  HISTORY OF FUNDAMENTAL RIGHTS -> The Nehru Report in 1928 demanded inalienable fundamental rights for the people of India which was basically inspired by the American bill of rights -> The Indian National Congress at its Karachi session 1931, presided over by Sardar Patel had adopted a resolution on Fundamental Rights __________________________ CLASSES OF FUNDAMENTAL RIGHTS -> Right to Equality (Art. 14-18) -> Right to Freedom (Art. 19-22) -> Right against Exploitation (Art. 23-24) -> Right to Freedom of Religion (Art. 25-28) -> Cultural and Educational Rights (Art. 29-30) -> Right to Constitutional Remedies (Art. 32) _________________________ FEATURES OF FUNDAMENTAL RIGHTS -> Availability -> Not absolute (but qualified) -> Safeguard against state action -> Negative in Character -> Positive in Character -> Justiciable in nature -> Protected by SC -> Denial of FRs in some cases (e.g - Para-military personnel, police forces etc) ->...

  INTRODUCTION -> Citizen of a given state is a person who enjoys full membership of the political community or the State. He/she enjoy all civil and political rights in that state -> Alien or mere resident is person who is a citizen of some other political community or State (Friendly and Enemy aliens) -> Enemy aliens do not enjoy protection against arrest and detention (Article 22) Rights Conferred to Citizens only -> Some Fundamental Rights belong to citizen alone( Artice 15, Artice 16, Artice 18(2), Artice 19, Artice 29, Artice 30) -> Only citizens are eligible for certain offices(Eg- President, Vice-President, Judge of SC & HC, Governor, Attorney General, Advocate General) -> Only citizens hold the right to vote in elections (lok sabha & state leg.) -> Only citizens have the right to become a MP & MLA _______________________________ CONSTITUTIONAL PROVISIONS (a) Four Categories of Persons Became Citizens of India at Commencement of Constitution...

  ARTICLE 1 -> Article 1 of the constitution describes India, that is, Bharat as a 'Union of States’ -> The Federation is a Union because it is indestructible -> The territory of India shall comprise: o The territories of the States o The Union territories specified in First Schedule and o Such other territories as may be acquired ARTICLE 2 -> Two powers given to Parliament by Article 2, namely: (i) The power to admit new States into the Union; and (ii) The power to establish new States -> Article 2 refers to the admission or establishment of new states that are not part of the Union of India ARTICLE 3 -> Parliament may by law: (i) Form a new State by separating or uniting the territory of 2 or more state or union territories (ii) Increase the area of any State (iii) Diminish the area of any State (iv) Alter the boundaries of any State (v) Alter the name of any State ->A Bill under Article 3 must satisfy 2 conditions: (i) It shall be introduced in either House ...