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Fundamental Rights Incorporated in Constitution of India (Articles, Writs)

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Syskool
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Supreme Court as the Guardian of Fundamental Rights

Fundamental Rights incorporated in Constitution of India: There are some Fundamental Rights incorporated in Constitution of India. They are:

Right to Equality

Article 14

Equality before the law and equal protection of the law.

Article 15

Prohibition of discrimination on grounds on grounds only of religion, race, caste, sex or place of birth.

Article 16

Equality of opportunity in matters of public employment.

Article 17

End of untouchability

Article 18

Abolition of titles. Military and academic distinctions are, however, exempted.

Right to Freedom

Article 19

It guarantees the citizen of India the following six fundamental freedoms:
(a) Freedom of Speech and Expression.
(b) Freedom of Assembly
(c) Freedom to form Association
(d) Freedom of Movement
(e) Freedom of Residence and Settlement
(f) Freedom of Profession, Occupation, Trade, and Business

Article 20

Protection in respect of conviction for offences.

Article 21

Protection of life and personal liberty.

Article 22

Protection against arrest and detention in certain cases.

Right Against Exploitation

Article 23

Traffic in human beings prohibited.

Article 24

No child below the age of 14 can be employed.

Right to freedom of Religion

Article 25

Freedom of conscience and free profession, practice and propagation of religion.

Article 26

Freedom to manage religious affairs

Article 27

Prohibits taxes on religious grounds.

Article 28

Freedom as to attendance at religious ceremonies in certain educational institutions.

Cultural and Educational Rights

Article 29

Protection of interests of minorities.

Article 30

Right of minorities to establish and administer educational institutions.

Article 31

Omitted by 44th Amendment Act.

Right to Constitutional Remedies

Article 32

The right to move the Supreme Court in the case of their violation (called Soul and Heart of the Constitution by B R Ambedkar).
To enforce the Fundamental Rights incorporated in Constitution of India, the Supreme Curt is empowered under Article 32 to issue writs of various forms.

Habeas Corpus: Literally means ‘to have the body’. Implies that a person imprisoned or detained by the law can enquire under what authority he has been imprisoned or detained.

 Mandamus: Literally means ‘command’ issued by the court commanding a person or a public authority to do or forbear to do something in the nature of public duty.

 Quo Warranto: An order issued by the court to prevent a person from holding office to which he is not entitled and to oust him from that office.

 Certiorari: It is a writ, which orders the removal of a suit from an inferior court to a superior court (for speedy justice).

 Prohibition: y a higher court to stop proceedings in a lower court on the ground of over-stepping of jurisdiction or isolation of the rules of natural justice.

Must Read:

Fundamental Rights & Detailed Analysis Part I

Fundamental Rights &Detailed Analysis Part 2

Fundamental Duties Incorporated in Constitution of India

Fundamental Duties of Indian Citizen

Vice President Election in India – Explained in 10 Points

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Syskool
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vice president election india

India has elected its 15th Vice President Mr.Venkaiah Naidu. Following 10 Points explains all about Vice President Election in India – including process, eligibility, voters, nomination, security deposit, salary, removal and much more.

vice president election india

1. Time of Election

Election of Vice President, the second highest constitutional post in India is conducted before the expiry of the term of existing Vice President.

2. Nomination

The candidate needs 20 electors as proposers and at least another 20 electors as seconders for his nomination. The candidate also has to make a security deposit of Rs. 15,000.

3. Eligibility for candidature

Any citizen of India who has completed the age of 35 years and is qualified for election as a member of the Council of States is eligible to contest Vice-President Election. Also, he must not hold any office of profit.

4. Voters in Vice President Election

The Electoral college for election of Vice President consist all the members of Parliament i.e 790 includes Lok Sabha (543+2) and Rajya Sabha (233+12) members. This electoral college includes nominated members too.

5. Role of Election Commission

According to Constitution of India, Article superintendence, direction and control the Vice-Presidential election lie with the Election Commission of India. The Election Commission is responsible for whole election process from notification of election, nomination papers, the appointment of Returning Officer, Voting, counting of votes and declaration of the winner.

6. Election Process

The system for election of Vice President is proportional representation by means of the single transferable vote.

Unlike different values of votes in Presidential Election, the value of each vote in the Vice-Presidential election is one. A Ballot paper contains a list of candidate’s name and voters are required to mark their preferences against names of those candidates (e.g. 1,2,3,4..).

During counting, whichever candidate will secure 50% of the total valid votes +1 will be declared as a winner i.e. 790/2+1= 396 (in the case of 790 valid votes).

7. Constitutional Provisions

Articles 63-73 of Indian Constitution give all the information related to Vice President of India. And, Article 324 of the Constitution read with the Presidential and Vice-Presidential Elections Act, 1952 and the Presidential and Vice-Presidential Elections Rules, 1974, provides information on Vice President Election.

9. Removal or Vacancy

A total of 14 days advance notice must be given prior to the initiation of the removal proceedings of the Vice President. The temporary vacancy in the office of the Vice President is created, the Deputy Chairman of the Rajya Sabha takes over the role of the Chairman of the Rajya Sabha.

10. Salary

Vice President gets his salary Rs. 1,25,000 for being ex-officio Chairperson of the Council of States (Rajya Sabha). In a case of vacancy if he becomes President of India then he will take salary Rs. 1.5 Lakh of President and will stop getting the salary of ex-officio chairperson.

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Impeachment of President of India

By
Syskool
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impeachment of president

Impeachment of President

Constitution provides the mechanism for the impeachment of the president to ensure the checks and balances in the powers of legislature and executives. And also to ensure the protection of democratic values. Reasons for impeachment may be following:

  • For encroachment of Constitution
  • For violation of the constitution

Also, Read: The Parliament : Lok Sabha and Rajya Sabha

Difference between removal and impeachment:

General there exist a confusion between impeachment and removal, for example, the judge of the high court or supreme courts are removed not impeached but to the president of India can not be removed but impeached by Parliament.

Impeachment Removal
Ground Required Ground may or may not be required
Quasi-Judicial Process May or may not be quasi-judicial process

It may be an administrative exercise only. As in case of removal of Governor

But in case of Judges, Civil Servants etc. it becomes quasi-judicial process
Legislative process with no executive orders Can be a legislative process as well as executive process but at the end of the process and Executive Order will be issued.

impeachment of president

Process for Impeachment of President

The Resolution seeking impeachment of the president can be brought in either house of the Parliament.

Such nature resolution (for Impeachment of President) can be brought only after satisfying two pre-conditions:

  1. 14 days prior notice must be served to the President
  2. One fourth of the membership of the house in which it is proposed to be brought has signed the approval for bringing such resolution.

After the formal introduction in the house, the resolution for impeachment of the president is discussed and passed with the special majority which should not be less than two third of the strength of the house.

After being passed from the first house the resolution goes to the second house which constitutes a committee to probe the charges framed against the President.

All decisions regarding the Probe Committee will be taken by the second house only. Like who will be the member, how many members … etc.

President has right to defend before the committee either on his own or a legal professional of his choice. He can also ask the Attorney General to represent his case.

The process will continue further only if the probe committee prove the charges fully or partially.

The resolution for impeachment of President is then discussed in second house which again passes the resolution with special majority of not less than two third of the total strength of the house.

The moment second house passes the resolution, President stands impeached.

Must Read:

Governor Generals and Viceroys of India

Powers of The President of India

Bankruptcy Bill Cleared by Joint Parliament Standing Committee

The Finance Commission

By
Syskool
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finance commission

The Finance Commission of India came into existence in 1951. It was established under Article 280 of the Indian Constitution by the President of India. It was formed to define the financial relations between the center and the state. The Finance Commission Act of 1951 states the terms of qualification, appointment, and disqualification, the term, eligibility and powers of the Finance Commission.

The commission is appointed every five years and consists of a chairman and four other members. Since the institution of the first finance commission, stark changes have occurred in the Indian economy causing changes in the macroeconomic scenario. This has led to major changes in the Finance Commission’s recommendations over the years. Till date, Thirteen Finance Commissions have submitted their reports.

The First Finance Commission was appointed by the president on 20 November 1951, which was chaired by Mr. K.C. Neogy for the period 1952-1957. 15th Finance Commission is established in the year 2017 headed by N.K. Singh for the period 2020-25. The Operational duration for the finance commission is five years.

Must Read: Election Commission of India (ECI)

Functions of the Finance Commission:

The main task of the finance commison was to “strengthen cooperative federalism, improve the quality of public spending and help protect fiscal stability”

  • Distribution of net proceeds of taxes between Centre and the States, to be divided as per their respective contributions to the taxes.
  • Determine factors governing Grants-in-Aid to the states and the magnitude of the same.
  • To make recommendations to the president as to the measures needed to augment the Consolidated Fund of a State to supplement the resources of the panchayats and municipalities in the state on the basis of the recommendations made by the Finance Commission of the state.

Constitutional Provisions

The President will constitute a Finance Commission within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.

The Commission is constituted to make recommendations to the president about the distribution of the net proceeds of taxes between the Union and States and also the allocation of the same amongst the States themselves. It is also under the ambit of the Finance Commission to define the financial relations between the Union and the States. They also deal with the devolution of non-plan revenue resources.

Read Also: Central Vigilance Commission (CVC)

The 14th Finance Commission suggested measures for maintaining a stable and sustainable fiscal environment consistent with equitable growth.

The 13th FC, making a departure from the previous Finance Commissions, divided the grants to be distributed to the states for local bodies into two parts – general basic grant and general performance grant. The performance grant can be accessed only if the state complies with nine conditions, which in other words can be called reforms.

Also, Read:

 

Pardoning Powers of President and Governor

By
Syskool
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Pardoning Powers of President and Governor

Power of President to grant pardons

Article 72 of the Constitution of India-Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases-

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence-

(a) in all cases where the punishment or sentence is by a Court Martial;

(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) in all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause(a) of clause(1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

Power of Governor to grant pardons

Article 161 of the Constitution of India-Power of Governor to grant pardons,etc., and to suspend, remit or commute sentences in certain cases.-

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends.

Court decisions:-

(i) The power under Article 161 is a statutory power which can’t be fettered by position such as section 432,433,433A of the Indian Penal Code,1860.

– State of Punjab v. Joginder, AIR1990 SC 1396.

(ii) The power of granting pardon under Article 161 is very wide and do not contain any limitation as to the time on which and the occasion on which and the circumstances in which the said power could be exercised. But the said power being a constitutional power is amenable to judicial review on certain limited grounds. The court, therefore, would be justified in interfering with an order passed by the Governor in the exercise of power under Article 161 of the Constitution. If the Governor is found to have exercised the power himself without being advised by the Government or if the Governor transgresses the jurisdiction in exercising the same or it is established that the Governor has passed the order without application of mind or the order in question is a mala fide one or the Governor has passed the order on some extraneous consideration.

– Satpal v.State of Haryana, AIR 2000 SC 1702

The meaning of these terms 

Pardon: Complete pardon 

Reprieve: Temporary suspension of sentence 

Respite: awarding less sentence Remission: Reducing amount of sentence 

Commutation: Changing one punishment to another

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