FUNDAMENTAL RIGHTS REVISION PART – II

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 (Art. 31) -  (Repealed by the Constitution Forty-fourth Amendment Act, 1978.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v  Saving of laws in respect of anti-national activities.(Art. 31D) (Repealed by the Constitution Forty-third Amendment Act,1977)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)