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Answer: nations
Article 51 (a liberal-intellectual principle) directs the State to: (a) promote international peace and security, (b) maintain just and honourable relations between nations, (c) foster respect for international law and treaty obligations, (d) encourage settlement of international disputes by arbitration.
Answer: Ireland
DPSP were inspired by the Irish Constitution (1937), which itself borrowed from the Spanish Constitution. The Irish concept of 'Directive Principles of Social Policy' aimed to guide the State in achieving socio-economic goals. India adapted this to its own developmental needs.
Answer: Parliament
Article 33 allows Parliament to determine by law the extent to which Fundamental Rights may be restricted or abrogated for members of armed forces, paramilitary forces, police forces, and intelligence agencies to ensure proper discharge of duties and maintenance of discipline. This is a unique limitation on FRs.
Answer: 32
Article 32 gives citizens the right to move the Supreme Court for enforcement of Fundamental Rights. Dr. Ambedkar called it the 'heart and soul' because without remedies, rights are meaningless. The Supreme Court can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Answer: State
Article 28 has three clauses: (1) No religious instruction in State-funded educational institutions, (2) Institutions established under endowment/trust may impart religious instruction, (3) No person attending State-recognized or State-aided institutions shall be required to attend religious instruction without consent (if minor, guardian's consent).
Answer: health
Article 25(1) guarantees religious freedom to all persons (citizens and foreigners) subject to public order, morality, and health. Article 25(2) allows the State to regulate secular activities associated with religious practice and provide for social welfare and reform (e.g., opening Hindu temples to all classes).
Answer: preventive
Article 22 provides two sets of safeguards: (1) For persons arrested under ordinary law (right to be informed, consult lawyer, produced before magistrate within 24 hours), and (2) For preventive detention cases, which have separate safeguards. Preventive detention is detention without trial to prevent future offences.
Answer: witness
Article 20(3) guarantees the right against self-incrimination: 'No person accused of any offence shall be compelled to be a witness against himself.' This is based on the principle 'nemo tenetur seipsum accusare'. It applies only to criminal proceedings and not to civil cases or departmental inquiries.
Answer: academic
Article 18 abolishes titles but makes two exceptions: (1) Military and academic distinctions may be conferred by the State, and (2) Citizens of India cannot accept titles from foreign states without Presidential consent. Awards like Bharat Ratna, Padma awards are not titles as per Supreme Court (Balaji Raghavan case, 1996).
Answer: place of birth
Article 15(1) prohibits discrimination on five grounds: religion, race, caste, sex, and place of birth. However, Article 15(3) allows the State to make special provisions for women and children, and Article 15(4) & (5) for socially and educationally backward classes, SCs, and STs.
Answer: judicial review
Judicial review foundation: (a) Article 13(2): State shall not make any law that takes away or abridges Fundamental Rights; any law made in contravention shall be void, (b) Judicial review power: Courts examine whether legislation/executive action violates FRs; if yes, declare it void/inoperative, (c) Evolution: (i) Early cases: Narrow review of legislative competence, (ii) Post-Maneka Gandhi: Expanded to procedural fairness, proportionality, (iii) Basic structure doctrine (Kesavananda): Review of constitutional amendments themselves, (d) Balance: Courts don't substitute policy wisdom; check for constitutional compliance, rationality, non-arbitrariness. Illustrates constitutional supremacy: Fundamental Rights protected against legislative/executive excess through independent judicial review. Foundation of rights enforcement architecture.
Answer: Fundamental
Article 32 as Fundamental Right: (a) Text: Article 32(1) guarantees right to move Supreme Court for enforcement of Fundamental Rights; Dr. Ambedkar called it 'heart and soul' because without remedies, rights are meaningless, (b) Writs: SC can issue Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto for FR enforcement, (c) Evolution: PIL relaxed locus standi; continuing mandamus ensures implementation; proportionality test calibrates restrictions, (d) Balance: Article 32 not absolute; courts may refuse writ if adequate alternative remedy exists, petition frivolous, or delay prejudicial. Illustrates enforcement architecture: rights recognized in text become meaningful through accessible, effective remedies. Foundation of Indian constitutionalism: justiciable rights protected by independent judiciary.
Answer: procedural
Procedural due process evolution: (a) A.K. Gopalan (1950): Article 21 required only 'procedure established by law'; no substantive due process review, (b) Maneka Gandhi (1978): Overruled Gopalan; held procedure under Article 21 must be 'fair, just, and reasonable', not arbitrary or oppressive; imported procedural due process, (c) Impact: Enabled judicial review of executive action affecting life/liberty; foundation for expanding Article 21 to include privacy, health, environment, livelihood, (d) Balance: Courts don't substitute wisdom for administrators; check for procedural fairness, rationality, non-arbitrariness. Illustrates judicial creativity: adapting foreign concepts (due process) to Indian constitutional text while respecting separation of powers.
Answer: Indra Sawhney
Equality jurisprudence evolution: (a) Formal equality: Early cases interpreted Article 14 as treating likes alike; classifications must be rational, based on intelligible differentia, (b) Substantive equality: Indra Sawhney (Mandal case, 1992): Upheld 27% OBC reservation with creamy layer exclusion; recognized historical disadvantage requires affirmative action to achieve real equality, (c) Further evolution: (i) M. Nagaraj (2006): Reservation in promotions requires quantifiable data on backwardness, inadequacy of representation, administrative efficiency, (ii) Davinder Singh (2024): States can sub-classify SCs for equitable benefit distribution, (d) Balance: Equality not uniformity; reasonable classification permitted to address substantive inequalities. Illustrates constitutional adaptation: formal equality principle expanded to achieve transformative justice for marginalized groups.
Answer: pending
Continuing mandamus for rights enforcement: (a) Mechanism: Court keeps writ petition pending while issuing periodic directions to executive agencies to ensure compliance with orders in PIL cases (e.g., environmental protection, prison reforms, gender justice), (b) Features: (i) Regular reporting by agencies on progress, (ii) Court reviews implementation, issues further directions, (iii) Enables judicial monitoring without usurping executive function, (c) Applications: (i) MC Mehta cases (environmental compliance), (ii) Prakash Singh case (police reforms), (iii) Vishaka guidelines implementation (workplace harassment), (d) Balance: Judicial oversight ensures rights realization; separation of powers respected by not dictating policy details. Illustrates innovative enforcement: courts bridge gap between rights recognition and implementation through sustained engagement.
Answer: balancing
Proportionality test in Indian jurisprudence: (a) Four-step analysis: (i) Legitimate aim: Restriction must pursue valid public interest (security, health, morality), (ii) Rational connection: Means must be suitable to achieve aim, (iii) Necessity: No less restrictive alternative available, (iv) Balancing: Benefits of restriction must outweigh harm to rights, (b) Applications: (i) Puttaswamy: Aadhaar authentication balanced privacy vs welfare efficiency, (ii) Anuradha Bhasin: Internet shutdowns balanced security vs free speech, (iii) Reservation cases: Affirmative action balanced equality vs merit, (c) Evolution: From Wednesbury unreasonableness (high deference) to proportionality (intensive scrutiny) for rights-affecting actions. Illustrates calibrated judicial review: stricter scrutiny for rights, deference for policy; ensures restrictions are justified, not arbitrary.
Answer: transparency
Technology-rights interface: (a) Enablers: (i) Digital service delivery (UMANG, DigiLocker) improves access to entitlements, (ii) Online grievance mechanisms (CPGRAMS) enhance accountability, (iii) Data-driven governance enables targeted welfare, (b) Challenges: (i) Digital divide excludes elderly, rural, disabled populations, (ii) Surveillance risks (Aadhaar, facial recognition) threaten privacy, (iii) Algorithmic bias may perpetuate discrimination, (iv) Data breaches compromise security, (c) Constitutional safeguards: (i) Transparency: Clear rules on data collection/use, public oversight, (ii) Accountability: Redressal mechanisms, liability for harms, (iii) Non-discrimination: Inclusive design, accessibility standards, bias audits, (d) DPDP Act, 2023: Framework for balancing innovation with rights protection. Illustrates adaptive constitutionalism: applying enduring values (privacy, equality, dignity) to emerging technological contexts.
Answer: 21
Climate justice jurisprudence: (a) Legal basis: Article 21 (right to life) interpreted to include healthy environment (Subhash Kumar, MC Mehta cases); Article 48A (DPSP) directs State to protect environment, (b) Emerging cases: (i) Challenges to coal mining approvals, vehicular emission norms, coastal regulation violations, (ii) Claims based on intergenerational equity, precautionary principle, sustainable development, (c) Judicial approach: Generally defer to executive policy domain but require: (i) Compliance with environmental laws, (ii) Scientific basis for decisions, (iii) Public consultation, (iv) Consideration of vulnerable groups, (d) Global context: Aligns with Paris Agreement, SDGs; India's climate commitments (NDCs) inform judicial review. Illustrates rights evolution: adapting constitutional framework to global challenges like climate change.
Answer: locus standi
PIL evolution and rights expansion: (a) S.P. Gupta (1981): SC relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage, (b) Impact: Enabled courts to address: (i) Prison conditions (Hussainara Khatoon), (ii) Environmental degradation (MC Mehta cases), (iii) Bonded labour (Bandhua Mukti Morcha), (iv) Gender justice (Vishaka), (c) Safeguards: Courts developed filters to prevent frivolous PILs; focus on genuine public interest, marginalized groups. Transformed judicial role: from dispute resolution to social justice delivery; foundation for rights-based governance.
Answer: 2023
DPDP Act, 2023: India's comprehensive data privacy law: (a) Scope: Applies to processing of digital personal data within India, and outside India if for offering goods/services to Indian individuals, (b) Principles: Lawful purpose, consent, data minimization, accuracy, storage limitation, security safeguards, (c) Individual rights: Access, correction, erasure, grievance redressal, right to nominate, (d) Institutional mechanism: Data Protection Board of India for adjudication, enforcement, (e) Exemptions: State functions (security, public order, research), personal/domestic use. Balances privacy rights with legitimate state/business needs; implementation rules pending.