CONSTITUTIONAL LAW

*Important Topics for 2nd Internal*

(Exam Date :- 18-03-2024)

1. Article 20(1), 20(2), 20(3) of the Indian constitution?

Ans:- Article 20 of the Indian Constitution provides safeguards for individuals in criminal
cases. Here's an explanation of each clause:
*Article 20(1)*: This clause states that no person shall be convicted of any offense except
for the violation of a law in force at the time of the commission of the act charged as an
offense, nor be subjected to a penalty greater than that which might have been inflicted
under the law in force at the time of the offense.

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*Article 20(2)*: It prohibits a person from being prosecuted and punished for the same
offense more than once, also known as the principle of double jeopardy. This means that a
person cannot be tried and punished twice for the same offense.
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*Article 20(3)*: This clause provides protection against self-incrimination, stating that no
person accused of any offense shall be compelled to be a witness against himself. It
prevents authorities from forcing individuals to provide testimony or evidence that may
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incriminate themselves.
These provisions collectively ensure certain fundamental rights and protections for
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individuals accused of crimes under the Indian legal system.

2. Fundamental freedoms guaranteed under 19(1)a,

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19(1)b,19(1)c,19(1)d,19(1)e with special reference to reasonable restrictions?

Ans:- The fundamental freedoms guaranteed under Article 19(1) of the Indian
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Constitution, along with examples of reasonable restrictions:

*Article 19(1)(a)*: Freedom of speech and expression. This includes the right to express
opinions, beliefs, and ideas through words, writing, printing, pictures, or any other mode
of communication.
Reasonable restrictions may include restrictions on speech that incite violence,
defamation, contempt of court, or leads to public disorder.
*Article 19(1)(b)*: Freedom to assemble peacefully and without arms. This encompasses
the right to gather in groups for peaceful protests, meetings, or demonstrations.
Reasonable restrictions may include restrictions on the time, place, and manner of
assembly to ensure public order and safety.
*Article 19(1)(c)*: Freedom to form associations or unions. Citizens have the right to form
associations, unions, or societies for various purposes, including social, political, or
economic interests.
Reasonable restrictions may include regulations to prevent activities that are detrimental
to public order, morality, or sovereignty and integrity of India.
*Article 19(1)(d)*: Freedom to move freely throughout the territory of India. This
guarantees the right to travel and reside in any part of the country.

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Reasonable restrictions may include restrictions on movement for reasons of public health,
security, or in the interest of the general public.
*Article 19(1)(e)*: Freedom to reside and settle in any part of the territory of India.

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Citizens have the right to choose their place of residence within the country.
Reasonable restrictions may include restrictions related to acquisition of property by non-
citizens, or restrictions imposed by law for maintaining public order, protecting tribal
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areas, or safeguarding national security.
These fundamental freedoms are subject to reasonable restrictions imposed by the state in
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the interest of various considerations such as public order, morality, sovereignty, and
securing.
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3.Explain Freedom of speech and expression Article(19)?

Ans:- Article 19(1)(a) of the Indian Constitution guarantees the freedom of speech and
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expression to all citizens. Here's an explanation of this fundamental right:

*Freedom of Speech*: This includes the right to express one's opinions, beliefs, thoughts,
and ideas freely, whether orally, in writing, through print, or any other medium. It
encompasses political speech, artistic expression, religious discourse, scientific inquiry,
and personal communication.
*Freedom of Expression*: This extends beyond verbal communication and includes
various forms of expression such as writing, painting, music, dance, photography,
filmmaking, and other artistic endeavors. It encompasses not only the content of
expression but also the manner and mode of expression.
*Democratic Value*: Freedom of speech and expression is vital for the functioning of a
democratic society. It enables citizens to engage in public discourse, criticize the
government, hold public officials accountable, and participate in the democratic process. It
fosters the exchange of ideas, promotes intellectual diversity, and contributes to the
marketplace of ideas.
*Pluralism and Tolerance*: Protecting freedom of speech and expression is essential for
promoting pluralism, tolerance, and diversity in society. It allows for the expression of
diverse viewpoints, even those that may be unpopular or controversial. By tolerating
dissenting opinions and respecting the rights of others to express themselves, a society can
cultivate a culture of mutual respect and understanding.
*Limitations*: While freedom of speech and expression is a fundamental right, it is not
absolute. Article 19(2) of the Constitution allows the State to impose reasonable
restrictions on this right in the interest of sovereignty and integrity of India, security of the

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State, friendly relations with foreign States, public order, decency, or morality, or in
relation to contempt of court, defamation, or incitement to an offense. These restrictions

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are necessary to balance individual rights with the broader interests of society.
In summary, Article 19(1)(a) guarantees the right to freedom of speech and expression,
which is essential for democracy, pluralism, and individual liberty. It empowers citizens to
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participate in public discourse, express their opinions, and contribute to the cultural,
social, and political fabric of the nation.
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4. Explain Right to Education Article 21(A)?

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Ans:- The Right to Education (RTE) Act, 2009, introduced Article 21(A) into the Indian
Constitution, making education a fundamental right for children aged 6 to 14 years.
*Article 21(A)*:
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1)*Right to Education*: Article 21(A) states that the State shall provide free and
compulsory education to all children of the specified age group in such a manner as the
State may, by law, determine.
2)*Compulsory Education*: It mandates that education is not only a fundamental right
but also compulsory for children in the specified age group. This means that the State is
obligated to ensure that every child receives education, and parents or guardians are
required to send their children to school.
3)*Free Education*: The State is also responsible for providing education free of cost to
children in the specified age group. This includes not only tuition fees but also other
expenses related to schooling such as textbooks, uniforms, and school supplies.
 The RTE Act, 2009, further elaborates on the implementation of Article 21(A) by
laying down specific provisions and guidelines regarding admission processes,
infrastructure requirements, teacher-student ratios, and quality standards in schools. It
aims to ensure that every child has access to quality education without any discrimination
and helps in achieving the goal of universal elementary education in India.

5.Explain Article 21 in relation to Maneka gandhi vs Union of India?

Ans:- The case of Maneka Gandhi v. Union of India is a landmark judgment by the
Supreme Court of India that expanded the scope of Article 21 of the Indian Constitution.

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Here's an explanation of how Article 21 was interpreted in relation to this case:
*Background*:
Maneka Gandhi's passport was impounded by the Indian government without giving her a

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chance to be heard. She challenged this action, arguing that it violated her fundamental
right to personal liberty and freedom of movement under Article 21 of the Constitution.
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*Interpretation of Article 21*:
The Supreme Court, in its judgment, held that Article 21 not only guarantees protection of
life and personal liberty but also includes several other rights that are essential for the
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meaningful enjoyment of life and liberty. The court emphasized that the term "personal
liberty" in Article 21 is of the widest amplitude and includes various fundamental
freedoms.
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*Expansion of Rights*:
In the Maneka Gandhi case, the Supreme Court held that the procedure established by law
mentioned in Article 21 must be just, fair, and reasonable. It stated that the procedure
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must not be arbitrary, oppressive, or unreasonable. The court ruled that the government's
action of impounding Maneka Gandhi's passport without giving her an opportunity to be
heard violated the principles of natural justice and was therefore unconstitutional.
*Implications*:
This judgment significantly expanded the scope of Article 21, establishing that it protects
not only the right to life and personal liberty but also encompasses other fundamental
rights necessary for a dignified existence. It also established the principle of procedural
fairness and due process as inherent components of Article 21, ensuring that any
deprivation of life or personal liberty must be accompanied by a fair and just procedure.
In summary, the Maneka Gandhi case interpreted Article 21 broadly to include various
fundamental rights and emphasized the importance of procedural fairness and due process
in safeguarding individual liberties.

6. Explain Article 19(1)?

Ans:- Article 19(1) of the Indian Constitution guarantees certain fundamental freedoms to
all citizens of India. These freedoms are essential for the functioning of a democratic
society and are as follows :-
*Freedom of Speech and Expression (Article 19(1)(a))*: Citizens have the right to
express their opinions, beliefs, thoughts, and ideas freely through various mediums such as
speech, writing, printing, and other forms of communication. This freedom is crucial for

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the exchange of ideas, the dissemination of information, and the exercise of democratic
rights.
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*Freedom to Assemble Peacefully and Without Arms (Article 19(1)(b))*: Citizens have
the right to gather in groups for peaceful protests, meetings, or demonstrations without the
use of weapons. This freedom allows individuals to express collective grievances, engage in
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political activities, and participate in public discourse.
*Freedom to Form Associations or Unions (Article 19(1)(c))*: Citizens have the right to
form associations, unions, or societies for various purposes, including social, political, or
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economic interests. This freedom enables collective action, organization, and advocacy for
common causes.
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*Freedom to Move Freely Throughout the Territory of India (Article 19(1)(d))*:

Citizens have the right to travel and reside in any part of the country. This freedom ensures
mobility and allows individuals to pursue opportunities, engage in trade and commerce,
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and access various regions within the nation.

*Freedom to Reside and Settle in Any Part of the Territory of India (Article 19(1)(e))*:
Citizens have the right to choose their place of residence within the country. This freedom
enables individuals to establish homes, seek employment, and pursue livelihoods in
different parts of the nation.
These freedoms are essential for the exercise of individual rights, participation in
democratic processes, and the promotion of a pluralistic society. However, it's important to
note that these freedoms are not absolute and are subject to reasonable restrictions
imposed by the State in the interest of sovereignty and integrity of India, security of the
State, friendly relations with foreign States, public order, decency, or morality, or in
relation to contempt of court, defamation, or incitement to an offense (as specified in
Article 19(2) to Article 19(6)).

7. Explain Article 22 Relating to preventive detention?

Ans:- Article 22 of the Indian Constitution pertains to the rights of arrested persons,
including those subjected to preventive detention. Here's an explanation of Article 22 in
relation to preventive detention:

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1)*Protection against arbitrary arrest and detention (Article 22(1))*: Article 22(1)
states that no person who is arrested shall be detained in custody without being informed,
as soon as may be, of the grounds for such arrest, nor shall he be denied the right to

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consult and be defended by a legal practitioner of his choice.
2)*Right to be produced before a magistrate (Article 22(2))*: Article 22(2) ensures that
every person who is arrested and detained shall be produced before the nearest magistrate
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within a period of twenty-four hours of such arrest, excluding the time necessary for the
journey from the place of arrest to the court of the magistrate.
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3) *Preventive detention laws (Article 22(3))*: Article 22(3) allows for preventive
detention laws to be enacted by the State. Preventive detention refers to the detention of a
person without trial, primarily to prevent the person from committing certain offenses or
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acting in a manner prejudicial to the security of the State or maintenance of public order.
4) *Safeguards for preventive detention (Article 22(4) and (5))*: Article 22(4) and (5)
lay down certain safeguards for persons detained under preventive detention laws. These
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include the right to be informed of the grounds of detention, the right to representation by
a legal practitioner, and the right to have the detention reviewed by an advisory board
constituted by the State.
5)*Maximum duration of preventive detention (Article 22(6))*: Article 22(6) specifies
that no person can be detained under a preventive detention law for a period longer than
three months unless an advisory board has reported sufficient cause for such detention. If
the advisory board recommends continued detention, the maximum period of detention
can be extended to two years.
These provisions aim to safeguard the rights of individuals who are detained,
whether under normal arrest or preventive detention, by ensuring due process, legal
representation, and judicial oversight. They seek to balance the necessity of preventive
detention for maintaining public order or national security with the protection of
individual liberties.

8.Explain Article 23 Abolition of forced labour?

Ans:- Article 23 of the Indian Constitution abolishes the practice of forced labor and
outlines the related provisions. Here's an explanation of Article 23:
1)*Abolition of Forced Labor*: Article 23(1) prohibits the practice of forced labor in all
its forms. Forced labor refers to any work or service that is exacted from an individual
under the threat of penalty and for which the person has not offered himself voluntarily.
This provision ensures that no person can be compelled to work against their will or under

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conditions of coercion.
Exceptions: While Article 23(1) abolishes forced labor, it allows certain exceptions under
specific circumstances. These exceptions include compulsory service for public purposes
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imposed by law, such as military conscription, work required as a part of imprisonment,
and service required to deal with natural calamities or emergencies.
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2)*Prohibition of Traffic in Human Beings and Forced Begging*: Article 23(2)
specifically prohibits trafficking in human beings and forced begging. Trafficking involves
the recruitment, transportation, or harboring of persons by means of threat, force, or
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coercion for the purpose of exploitation, including sexual exploitation, forced labor, or
organ removal. Forced begging refers to compelling individuals to beg against their will.
3)*Enforcement of Provisions*: Article 23(3) empowers the State to enact laws for the
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enforcement of the provisions related to forced labor and trafficking. These laws are
intended to prevent and punish violations of the rights outlined in Article 23 and to
provide remedies and rehabilitation for victims of forced labor and trafficking.
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Overall, Article 23 of the Indian Constitution reflects a commitment to the

abolition of forced labor and the protection of individuals from exploitation and coercion
in employment. It affirms the fundamental principle that every person has the right to
work voluntarily and without fear of compulsion or exploitation.

8.Explain Article 16 of Indian constitution?

Ans:- Article 16 of the Indian Constitution deals with the equality of opportunity in matters
of public employment. Here's an explanation of Article 16:
*Equality of Opportunity in Public Employment": Article 16(1) guarantees equality of
opportunity to all citizens in matters relating to employment or appointment to any office
under the State. It prohibits discrimination on the grounds of religion, race, caste, sex,
descent, place of birth, residence, or any of them.
*Freedom from Discrimination*: Article 16 ensures that individuals are not
discriminated against in public employment based on factors such as religion, race, caste,
sex, or place of birth. It promotes meritocracy and ensures that appointments to
government jobs are based on qualifications, skills, and ability rather than irrelevant
considerations.
*Exceptions*: Article 16(2) allows the State to make provisions for the reservation of

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appointments or posts in favor of any backward class of citizens which, in the opinion of
the State, is not adequately represented in the services under the State. This provision
enables affirmative action measures to promote the representation of marginalized or
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*No Discrimination in State Offices*: Article 16(3) prohibits discrimination against
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citizens in matters of employment or appointment to any office under the State on the
grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them.
However, it allows the State to make special provisions for women and children.
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*Exception for Special Employment Schemes*: Article 16(4) allows the State to make
reservations in appointments or posts in favor of any backward class of citizens, which, in
the opinion of the State, are not adequately represented in the services under the State,
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except in the case of certain specific posts.

In summary, Article 16 of the Indian Constitution ensures equality of opportunity in
public employment, prohibits discrimination, allows for reservations to promote the
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representation of marginalized groups, and enables the State to make special provisions
for the advancement of women and children.

ALL THE BEST !!!

TEAM SAMPRADAYINI.