Test: Fundamental Rights - 1 - CLAT PG MCQ

In the case of Shankari Prasad Singh Deo v. Union of India, the Supreme Court ruled that amendments made under Article 368 of the Constitution are not categorized as laws under Article 13. This ruling established a significant precedent regarding the nature of constitutional amendments, distinguishing them from ordinary legislation and affirming the Parliament's power to amend the Constitution.

Article 15(1) explicitly prohibits discrimination against any citizen on grounds such as religion, race, caste, sex, or place of birth. This provision is aimed at ensuring that all citizens have equal access to opportunities without being subjected to unfair treatment based on these characteristics. It's important to note that while Article 14 provides for equality before the law for all persons, Article 15(1) specifically addresses the rights of Indian citizens.

The Doctrine of Severability states that if a law contains both valid and invalid provisions, only the invalid portions are rendered void while the rest of the law remains operative. This doctrine ensures that the legislative intent is preserved as much as possible, allowing for the continued enforcement of legal provisions that do not conflict with fundamental rights.

Article 17 aims to completely ban the practice of untouchability in any form. This constitutional provision reflects India's commitment to social equality and the elimination of caste-based discrimination. It is crucial as it lays the foundation for protecting the rights of marginalized communities and ensuring their integration into the social fabric.

Article 17 addresses the abolition of untouchability, a practice that discriminated against certain groups in society. This article is aimed at promoting social equality and eliminating discrimination based on caste, thereby reinforcing the principle of dignity for all individuals. The abolition of untouchability is a significant step towards social justice in India.

The principle of "equal protection of the laws," derived from Article 14, implies that individuals in similar circumstances should be treated similarly. This principle ensures that like cases are treated alike, promoting fairness and equality under the law. It emphasizes the need for non-arbitrary treatment in legal proceedings.

Judicial Review is the principle that enables courts to assess whether laws are in compliance with the Constitution. Established in the landmark case Marbury v. Madison, it asserts that the Constitution is the supreme law of the land and that it is the judiciary's role to interpret its provisions. This power serves as a vital check on legislative and executive actions, ensuring that individual rights are protected from unconstitutional laws.

Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes of citizens. This article complements the principles established in Article 17 regarding the abolition of untouchability, as it enables affirmative action to improve the socio-economic conditions of historically marginalized communities, thereby promoting social justice and equality.

The principle of "equal pay for equal work" is derived from Articles 14, 16, and 39(d) of the Indian Constitution. This principle emphasizes that individuals who perform the same work should receive the same remuneration, thereby promoting fairness and equality in employment practices. This is a fundamental right that supports the notion of social justice in the workplace.

Article 14 guarantees equality before the law and allows for reasonable classification based on any rational criterion, applying to both citizens and non-citizens. In contrast, Article 15(1) is narrower, focusing specifically on prohibiting discrimination against Indian citizens on certain grounds. This distinction is crucial for understanding how different groups are protected under the law.

Article 18(1) prohibits the state from conferring any title except for military or academic distinctions. This provision is aimed at promoting equality and preventing the creation of hierarchies based on titles, ensuring that all citizens are treated equally regardless of titles they may hold.

Article 15(3) permits the state to make special provisions for women and children, recognizing their unique needs and ensuring their protection and empowerment. This provision reflects the Constitution's commitment to gender equality while allowing for affirmative action to address historical disadvantages faced by these groups.

The Supreme Court has established that it is the constitutional obligation of the state to intervene and take necessary action to prevent violations of Fundamental Rights by private individuals. This underscores the state's role in upholding constitutional guarantees and ensuring justice for all citizens, particularly for those from marginalized backgrounds.

The Supreme Court has established that for reasonable classification under Article 14 to be valid, it must meet two conditions: intelligible differentia, which means the classification must distinguish between different groups in a rational manner, and rational relation, which states that this distinction must be relevant to the objective of the law. This ensures that classifications made by the legislature are not arbitrary.

The ruling in E.P. Royappa v. State of Tamil Nadu significantly broadened the interpretation of Article 14 by establishing that arbitrariness is inherently against the principle of equality. The Court emphasized that equality must protect against arbitrary actions by the state, reinforcing that the concept of equality is dynamic and must adapt to ensure fairness and justice in administrative actions.

The Protection of Civil Rights Act, 1955 was enacted to enforce Article 17, which prohibits untouchability. This act prescribes penalties for practicing untouchability and aims to protect the civil rights of those who are socially marginalized. Its renaming in 1976 emphasized the protective measures for civil rights of the affected communities.

The Doctrine of Eclipse posits that a pre-constitutional law that conflicts with a fundamental right does not become void ab initio, meaning it is not invalid from the beginning. Instead, it becomes unenforceable until the conflict is resolved, allowing it to remain dormant but not entirely extinguished. This means that if the relevant fundamental right is amended, the law could regain its enforceability.

Article 15 of the Indian Constitution specifically prohibits discrimination against citizens on various grounds, including religion, race, caste, sex, or place of birth. This article is crucial for protecting individuals from unfair treatment based on these characteristics, thereby promoting social equality and justice.

The Supreme Court has clarified that for a class to be recognized as 'socially and educationally backward' under Article 15(4), it must exhibit both social and educational backwardness. This dual criterion ensures that the focus remains on comprehensive development and inclusion of communities that face disadvantages in both social standing and education.

Article 13(1) ensures that pre-constitutional laws that are inconsistent with fundamental rights, as defined in the Constitution, are declared void. This principle is crucial as it protects individuals from laws that may infringe upon their rights established by the Constitution, emphasizing the supremacy of fundamental rights over outdated laws.