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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