Fundamental Rights

October 25, 2015 by rawan239

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
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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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