- Preventive Detention – Arrest and detention without trial, even before a crime is committed.
- Normal safeguards do not apply to enemy aliens and persons under preventive detention laws.
- Parliament and State Legislatures can make preventive detention laws.
- Detention beyond 2 months needs approval of an Advisory Board.
- It is used for national security, but is controversial due to possible misuse.
Key Points
Key Points: The Indian Bill of Fundamental Rights of Citizens
- An Elaborate and Comprehensive Bill of Rights.
- No Natural and Unmentioned Rights.
- Special Rights and Protections for the Minorities.
- Both Negative and Positive Rights.
- Fundamental Rights are not Absolute.
- Rights are binding equally upon the Union, the States and other State Authorities.
- Provision for the Suspension of Rights.
- Right to Education of Children.
Key Points: Right to Equality (Arts 14-18)
- Equality before Law (Art. 14).
- Prohibition of Discrimination (Art. 15).
- Equality of Opportunity (Art. 16).
- Abolition of Untouchability (Art. 17).
- Abolition of Titles (Art. 18).
Key Points: Right to Freedom
- Six Fundamental Freedoms (Art. 19) – Speech, assembly, association, movement, residence and profession.
- Reasonable Restrictions – Freedoms can be limited for security, public order, morality and sovereignty.
- Article 20 – No ex-post facto law, no double jeopardy, no self-incrimination.
- Article 21 – Right to life with dignity (includes privacy, health, legal aid, clean environment, etc.).
- Article 21A – Free and compulsory education for children (6–14 years).
- Article 22 – Protection against arbitrary arrest and detention.
Key Points: Preventive Detention System
Key Points: Right to Property (Art. 31)
- (Right to Property was removed from the List of Fundamental Rights by the 44th Amendment and made a legal Right under Article 300A)
Key Points: Main Points of Criticism
- Excessive Exceptions and Limitations.
- Complex and Technical Language.
- Provision for Preventive Detention.
- Parliament’s Power to Amend Fundamental Rights.
- Gap between Theory and Practice.
Key Points: Importance of Indian Bill of Fundamental Rights
- Foundation of Indian Democracy.
- Check on Arbitrary Government Power.
- Promotion of Social Equality and Justice.
Key Points: The Issue of Amendment of Fundamental Rights
- Parliament’s Power to Amend (Article 368)
- Golaknath Case (1967)
- Kesavananda Bharati Case (1973)
- Basic Structure Doctrine
- Judicial Review over Amendments
Key Points: The Six Fundamental Rights of an Indian Citizen
- The Right of Equality (Arts. 14 to 18)
- The Right to Freedom (Arts. 19 to 22)
- The Right against Exploitation (Arts. 23 to 24)
- The Right to Freedom of Religion (Arts. 25 to 28)
- Cultural and Educational Rights (Arts. 29 to 30)
- Right to Property
- Right to Constitutional Remedies (Art. 32)
Key Points: Right against Exploitation (Arts. 23-24)
- Right Against Exploitation (Arts. 23–24) protects people from human exploitation.
- Article 23 prohibits human trafficking, the buying and selling of men and women.
- It also bans begaar and forced labour, including bonded labour and work without payment.
- The State can take compulsory service for public purposes, but cannot discriminate on religion, race, caste or class.
- Article 24 prohibits the employment of children below 14 years in factories, mines, or any hazardous work.
Key Points: Right to Freedom of Religion (Arts. 25-28)
- Freedom of Conscience and free Profession, Practice and Propagation of Religion (Art. 25)
- Freedom to manage Religious Affairs (Art. 26)
- Freedom for Paying Taxes for the Promotion of any Religion (Art. 27)
- Freedom as to attendance in religious function (Art. 28)
Key Points: Cultural and Educational Rights (Art. 29-30)
- Right to maintain language, Script and Culture (Art. 29)
- Right to Establish and Administer Educational Institutions (Art. 30).
Key Points: Right to Constitutional Remedies (Art. 32)
- Right to Move Supreme Court
- Power to Issue Writs
- Heart and Soul of the Constitution
Important Questions [13]
- Discuss three important functions of the Executive.
- The Civil Service or Bureaucracy is also known as the ______ Executive.
- State the main difference between the political executive and the permanent executive.
- Distinguish Between Political Executive and Permanent Executive.
- State any two executive powers of the President of India.
- Why is Universal Adult Franchise the most accepted form of representation in a modern state?
- Explain how the President of the United States is elected.
- What is the tenure of the President of the USA? How many terms can the US President serve?
- Explain any two legislative powers of the President of the United States.
- Give one word/term for the following: A bill does not become a law because the U.S. President fails to sign it within the ten-day period and cannot return the bill to Congress as it has adjourned.
- Explain any two ways in which the U.S. Congress exercises control over the Executive branch.
- Discuss the changing role of the Prime Minister of India in the coalition era.
- With reference to the Parliament and the Council of Ministers, discuss the role of the Prime Minister of India.
Concepts [9]
- What is an Executive
- Functions of Executive
- Discretionary Powers of the President
- Civil Service
- Difference Between the Political Executive and the Permanent Executive
- Political Executive in India and U.S.A. - a Comparative Study
- Powers and Functions of Executive Heads of U.S.A. (President)
- Changing Role of the Indian Prime Minister in the Coalition Era (1996 Onwards) - with Reference to Increasing Role of Regional Political Parties
- Overview of Fundamental Rights
