In Confederation of Ex-servicemen Association v. In essence, therefore the difference would appear to be more of a drafting nature than of substance. The commission held the opinion that having regard to the conditions of India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to the diversity of its population and to the paramount need for maintaining law and order in the country, India could not risk the experiment of abolition of capital punishment. It issued directions to the Union of India, State Governments and the Union Territories to take effective steps to ensure prohibition of smoking in public places such as auditoriums, hospital buildings, health institutions etc. The overriding effect of Cl.
Rule of law requires that no person shall be subjected to harsh, uncivilized or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order. None can publish anything concerning the above matters without his consent — whether truthful or otherwise and whether laudatory or critical. The distinction should be on the basis of degrees of social backwardness. My father died in 2016, so anyways the banks have sealed his accounts till a successor is decided. There is an independent judiciary to determine issues between the Union and the States, to be exercised in fields assigned to them respectively.
From the Constitution 1 The State shall not against any on grounds only of religion, race, caste, sex, place of birth or any of them. T were appointed, Candidates with higher marks from other were not taken. State of Uttar Pradesh, the Court held that right to bail was included in the personal liberty under Article 21 and its refusal would be deprivation of that liberty which could be authorised in accordance with the procedure established by law. The process clause is comprehensive and applicable in all areas of State action covering civil, criminal and administrative action. Is Indian Constitution a federal or unitary in nature? The protection is not for the guilty citizen against the efforts of the police to vindicate the law and prevent corruption of public servants. The intention of the Legislature is the determining factor if the valid part of a statute is severable from the invalid parts.
In this case, the Supreme Court further developed the right to emergency treatment, and went on to state that the failure on the part of the Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21. Classification of Fundamental rights Originally Constitution provided for seven Fundamental Rights viz. The test of procedural fairness has been deemed to be one that is commensurate to protecting such rights. If the decision of a Court is intra vires in the legal sense of being within the jurisdiction conferred by statute, it may be legally valid; but when it contravenes a fundamental right guaranteed by a written Constitution, it becomes constitutionally invalid. Basically reservation in government services, is anti-meritocracy, because when a candidate is appointed to a reserved post it inevitably excludes a more meritorious candidate. The commission popularly known as the Mandal Commisssion, its chairman being B.
So long as this limit is observed, carry forward rule is permissible. State of Punjab, that a Constitution Amendment Act, passed according to Art. In such cases, the invalidity of the portion must result in the invalidity of the Act in its entirety. The scope of clause 1 of Article 16 is wider than the scope of clause 2 , because discrimination on grounds other than those mentioned in clause 2 of the Article 16 has to be weighed and judged in the light of the general principles laid down in clause 1. It destroys the entire psychology of a woman and pushed her into deep emotional crises. From the main article we understand that it may be like having some bathing ghats marked only for women, or some wells accessible only for women or some other public properties made accessible only to women etc. The rule is that the like should be treated alike and not that unlike should be treated alike.
But reservation is now a fact of life and it will be the ruling norm for years to come. This exemption was challenged as discriminatory under Art. The Constitution, however, imposes certain safeguards against the abuse of power. It is a declaration of equality of all persons within the territory of India, implying thereby the absence of any special privilege in favor of any individual. Union of India, right to get free and timely legal aid or facilities has been held to be not a fundamental right of ex-servicemen. The rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution, wherein the people of India solemnly resolved, to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to themselves justice, liberty, equality and fraternity. Thus, an order passed by the High Court of Rajasthan for public hanging was set aside by the Supreme Court on the ground inter alia, that it was violative of article 21.
If the legislature makes the report of the legal adviser as the ground on which it deprives one specific person of his rights to have his say in a court of law, that law would be arbitrary and unreasonable. The landowner is paid compensation in lieu of land, and therefore, the plea of deprivation of right to livelihood under Art. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Article 16 is an instance of the application of the general rule of equality before law laid down in Article 14 and of the prohibition of discrimination in Article 15 1 with respect to the opportunity for employment or appointment to any office under the State. Nayak , a Constitution Bench of five judges of the Supreme Court dealt with the question and laid down certain guidelines for ensuring speedy trial of offences some of them have been listed below: Fair, just and reasonable procedure implicit in Article 21 creates a right in the accused to be tried speedily.
It means a federal set up where despite having two clear sets of government — central and the states, more powers are given to the Central Government. Disputes relating to Waters 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys. Check out more such articles. It was found that the absence of means of communication, technical processes and educational facilities kept the poor and illiterate people in the remote and sparsely populated areas backward. Article 13 of the Constitution of India Article 13 of the Indian Constitution States that: Laws inconsistent with or in derogation of the fundamental rights 1 All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void 2 The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void 3 In this article, unless the context otherwise requires law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force includes laws passed or made by Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas 4 Nothing in this article shall apply to any amendment of this Constitution made under Article 368 Right of Equality. Article 18 Abolish of Title. P, the Supreme Court had held that death penalty was not violative of articles 14, 19 and 21.