Dr, Kaushik Mitra
Head, Department of Political Science, Lucknow Christian Degree College, Lucknow.
B. A. Semester-II
Political Science - Paper II
CONSTITUTION OF INDIA
FUNDAMENTAL RIGHTS REVISION PART – II
IV. Right to Freedom of Religion
(Art. 25 to 28)
v Freedom
of conscience and free profession, practice and propagation of religion (Art.25
v Freedom
to manage religious affairs. ( Art. 26)
a) To
establish and manage institutions for religious and charitable purposes.
b) To
manage its own affair in matters of religion;
c) To
own and acquire moveable and immovable property;
d) To
administer such property in accordance with law.
v Freedom as to payment of taxes for promotion of any particular religion. (Art. 2
( i.e. Exemption of Tax on money donated for religious work)
v Freedom
as to attendance at religious instruction or religious worship in certain
educational institutions. (Art. 28) (i.e. Religious education prohibited in
educational institution managed by the state.)
v Freedom
as to attendance at religious instruction or religious worship in certain
educational institutions. (Art. 28) (i.e. Religious education prohibited in
educational institution managed by the state.)
V. Cultural and Educational Rights
(Art. 29 & 30)
v
Protection
of interests of minorities. (Art. 29)
v
(Every
group of Citizen shall have the right to protect their language, script and culture.
v
Right
of minorities to establish and administer educational institutions. (Art. 30)
(Such community
shall have the right to establish and administer educational institutions of
its choice and the state shall not discriminate in granting aid to the
institution maintained by a minority community.)
v Compulsory
acquisition of property. (Art. 31) - (Repealed by the Constitution Forty-fourth
Amendment Act, 1978. w.e.f. 20.06.1979)
Saving
of Certain Laws:
v Saving
of laws providing for acquisition of estates, etc. (Art. 31A)
v Validation
of certain Acts and Regulations. (Art.31B)
v Saving
of laws giving effect to certain directive principles. (Art.31C)
v Saving
of laws in respect of anti-national activities.(Art. 31D) (Repealed by the
Constitution Forty-third Amendment Act,1977)
VI. Right to Constitutional
Remedies (Art. 32 to 35)
1.
Remedies for enforcement of rights
conferred by this Part. (Art. 32)
I. Writ
of Habeas Corpus: It literally means ‘to have a body’ it
is an order calling upon the person who has detained another to produce the
latter before the Court, in order to let the Court know on what grounds he has
been Confined and to set him free if there is no legal justification for the
imprisonment.
II. Writ
of Mandamus: It literally means a ‘Command’. It commands the person to whom it is addressed
to perform some public or quasi-public legal duty which cannot be enforced by
any other adequate legal remedy. It can be issued against Officer’s as well as
the Government itself, inferior courts & Judicial bodies. (Exemptions –
President, Governors Etc.)
III. Writ
of Quo-Warranto: The word Quo-Warranto literally means
"by what warrants?" It is a writ issued with a view to restraining a
person from acting in a public office to which he is not entitled. The writ of
quo-warranto is used to prevent illegal assumption of any public office or
usurpation of any public office by anybody.
IV. The
Writ of Prohibition: Writ of prohibition means to
forbid or to stop and it is popularly known as 'Stay Order'. This writ is
issued when a lower court or a body tries to transgress the limits or powers
vested in it. It is a writ issued by a superior court to lower court or a tribunal
forbidding it to perform an act outside its jurisdiction.
V. The
Writ of Certiorari : Literally, Certiorari means to be
certified. The writ of certiorari is issued by the Supreme Court to some
inferior court or tribunal to transfer the matter to it or to some other
superior authority for proper consideration.
2.
Constitutional validity of State laws
not to be considered in proceedings under article 32. (Art. 32A Repealed by the
Constitution Forty-third Amendment Act, 1977. w.e.f. 13.04.1978)
3.
Power of Parliament to modify the rights
conferred by this Part in their application to Forces, etc. (Art. 33)
4.
Restriction on rights conferred by this
Part while martial law is in force in any area. (Art. 34)
5.
Legislation to give effect to the
provisions of this Part. (Art. 35)
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