Test: Landmark Judgements - 2

India has given the Right to freedom of Religion but the said right of conversion is only to be exercised under free will and not under influence of money. In Rev Stanislaus vs Madhya Pradesh, 1977 SCR (2) 611, the Supreme Court of India considered the issue whether the fundamental right to practise and propagate religion includes the right to convert, held that the right to propagate does not include the right to convert and therefore upheld the constitutional validity of the laws enacted by Madhya Pradesh and Orissa legislatures prohibiting conversion by force, fraud or allurement.

Adult education is not included in Directive principles of state policy. Article 21 A talks about right to education in the Constitution of India.

Parliament of India consists of both the houses i.e. Rajya Sabha and the Lok Sabha and also includes the President because without his assent no Bill becomes a Law.

President has power to summon or prorogue (Prorogue means discontinuing without dissolving. It refers to end of a session of parliament) the two houses of parliament. After a prorogation, the house must be summoned within 6 months. The President may dissolve the Lok Sabha.

Human rights cannot be secured in a degraded or polluted environment. The fundamental right to life is threatened by soil degradation and deforestation and by exposures to toxic chemicals, hazardous wastes and contaminated drinking water.

The Supreme Court has ruled that narco analysis, brain mapping and polygraph tests cannot be conducted on any person without their consent. Such procedures “are illegal and a violation of personal liberty”, ruled a three-judge bench headed by Chief Justice K.G. Balakrishnan. The order came in response to petitions questioning the validity of such tests that were filed by persons accused in various criminal cases.

Article 23 & 24 of Indian Constitution deal with the Right against Exploitation. Article 23 prohibits the traffic in human beings and forced Labour such as ‘Begar’. The menace of Human Trafficking is the illegal trade of human beings for the purposes of commercial sexual exploitation, prostitution or forced labour.

Habeas corpus writ is called “Bulwark or Barrier of Individual Liberty against Arbitrary Detention”. A general rule of filing the petition is that - A person whose right has been infringed must file a petition. But Habeas corpus is an exception and anybody on behalf of the detainee can file a petition. Habeas corpus writ is applicable to preventive detention also. This writ can be issued against both public authorities as well as individuals.

• Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority. There are several conditions necessary for the issue of writ of certiorari.
• Firstly there should be court, tribunal or an officer having legal authority to determine the question with a duty to act judicially. Such a court, tribunal or officer must have passed order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer. The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.

The Directive Principles of State Policy are referred to as the "Conscience of the Constitution". They aim to create a welfare state where the social and economic conditions are such that the citizens can lead a good life. They are the principles and guidelines to be kept in mind while framing the laws and policies for the nation. They are not enforceable by any court but they are considered irrefutable in the governance of the country. It is the duty of the State to apply these principles while making laws to establish a fair and just society. They refer to social justice, economic welfare, legal and administrative matters and foreign policy.