Trilok Gupta's Blog

 Article – 16 : Equality of Opportunity in matters of Public Employment: There are 5 clauses under Article-16, they are: 16(1) there shall be equality of opportunity for all the citizens in the matters relating to the employment or appointment to any office under the state. 16(2) no citizen shall, on the grounds of only Religion, Race, Caste, Sex, Descent, place of birth, residence or any of them, be ineligible for or discriminated against in respect of, any employment or office under the state. 16(3) nothing in this Article shall prevent the parliament from making any Law prescribing, in regard to a class or the classes of the employment or an appointment to an office (under the Government of or any local or any other authority within a state or a union territory, any requirement as to a residence within that state or union territory) prior to such employment or appointment. 16(4)Article-16(4) enables the state to make the provisions for the reservation of the posts in the governm...

Article – 15 Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth: When a law comes within the prohibition of Article-15, it cannot be validated without Article-14 by applying the principle of reasonable classification. There are 5 clauses under Article-15, they are: 15(1) The State shall not discriminate against any citizen on the grounds  only of Religions, Race, Caste, Sex, Place of birth or any of them. 15(2) No citizen shall on the grounds only of Religions, Race, Caste, Sex,  Place of birth or any of them, be the subject of any of the disability,  liability, restrictions or any condition with regard to: Access to shops, public restaurants, hotels and any places of public entertainment or The use of Wells, tanks, Bathing Ghats, Roads and the places of public resort maintained wholly or partially out of state funds or is dedicated to the use of general public. 15(3) Nothing in this Article shall prevent the state ...

  Laws Inconsistent with the Fundamental Rights (Article-13) According to Article-13, the different clauses are: 13(1) Article-13 declares that, all the laws in force in the territory of India before the commencement of this constitution shall be void to the extent to which they are inconsistent with the provisions of Part-3 of the constitution. 13(2) It provides that the state shall not make any law which takes away the fundamental rights conferred by Part-3 of the constitution and any law made in contravention of the fundamental rights shall be void. 13(3) This Article gives the term “Law” which includes any ordinance, order, bye-law, rule, notification, custom or usages having the force of the law. Objective of Article-13(2): The main objective of Article-13 is to secure the constitution especially with regard to the fundamental rights. Power of Judicial Review: Article-13 provides the Judicial Review of all the legislations in India, past as well as future. This power ...

Right to Equality:(Article 14 -18) 1.Article – 14           Equality Before Law (Negative Concept)           Equal Protection of Law (Positive Concept) 2. Article – 15 Prohibition of discrimination on the grounds of Religion, Race, Caste, Sex or Place of Birth. 3. Article-16 Guarantees equality of opportunity in matters of public Employment. 4. Article-17 Abolishes Untouchability 5. Article- 18 Abolishes Title Article-14: Equality before the law and Equal Protection of Law: Article-14 embodies the general principles of equality before law and it prohibits the unreasonable discrimination between persons. Article-14 declares that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Thus Article-14 uses two expressions: Equality Before the law Equal Protection of the law “Equality before the Law” is a negative concept implying that the a...

Directive Principles of State Policy (DPSP) (Article 36 -51) It includes: Welfare of the State State makes law and policies Social Justice Article 38 says about Welfare policy. Introduction: To implement the ideals, to achieve the goals that is srinked in the preamble of the constitution, to establish a welfare state, fundamental rights and the Directive Principles of state policy has been provided in the constitution. Part-4 of the constitution, Article 36-51 lays down various provisions. Directive principles of state policy have been borrowed from the constitution of Ireland in 1937. They are the fundamental in the governance of the country, they are known as Positive or Negative rights. Classification of Directive Principles of State Policy: Social and Economic Charter Social Security Charter Community Welfare Charter Social and Economic Charter: Article- 38 says about Social Order Article- 39 says about Securing Economic Justice Social Security Charter: Article – 39A: Equal justi...

State: Article-12 defines the term “State” as used in the different articles of the Part-3 of the constitution. The term “State” includes: The Government and the Parliament of India i.e., Executive and Legislature of the Union. The Government and the Legislature of each State i.e., Executive and Legislatures of the states. All the local or other authorities within the territory of India. All the local or other authorities under the control of the Government of India. The term “State” thus includes the Executive as well as the legislative organs of the union and states. It is therefore, the actions of these bodies can be challenged before the courts, if the fundamental rights is been violated. States also includes: Authorities Local Authorities Other Authorities Restricted Interpretation Broad and liberal Interpretation Authorities under the control of the Government.   Authorities: Authority means the power to make laws, orders, regulations, bye-laws etc, which have the powe...

Preamble: The constitution of any country begins with preamble. The term “Preamble” is a Latin word, which means “to go before” It is a preface or a preliminary statement in writing. According to Collins, The term “Preamble” means, “The introduction to the statute” It contains the ideals and goals, which the legislature is intending to achieve. Preamble forms a basis to understand various provisions, objectives and aspirations intending to achieve. The Supreme Court in BeruBari Case, said that, “Preamble is a key to open the minds of the constitution makers” The Preamble declares that, “We, the people of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens. Justice: Social, economic and political Liberty: Of thought, expression, belief, faith and worship Equality: Of status, opportunity and to promote among them all Fraternity: Assuring the dignity of an individual and the unity and the Inte...