Assignment Constitution PDF

Preview

Summary

Download Assignment Constitution PDF

Description

CERTIFICATE COURSE ON ENFORCEMENT OF FUNDAMENTAL RIGHTS

ASSIGNMENT Name : - Poonam Sharma Email ID :- [email protected] Contact no. – 7982496395

ONE WORD/ONE LINER QUESTIONS Each

•

2 Marks

Right to Property is a right under which Article?

Answer 1 :- It's a Legal Right under Article 300A(earlier Fundamental Right under Article 31). •

How many Writs can the Supreme Court enforce under Article 32?

Answer 2:- Art. 32(2) empowers the Supreme Court to issue 5 writs such as, Habeas corpus, Mandamus, Prohibition, Quo warranto and Certiorari, whichever is appropriate for enforcement of petitioner’s rights. •

Which three Articles are known as the Golden Triangle?

Answer 3:- Article 14(Right to Equality), 19(Right to Freedom) and 21(Right to Life and Liberty) are popularly known as the 'golden triangle' of the Indian Constitution. •

Which Fundamental Rights are available to all and not only citizens?

Answer 4:- Fundamental Rights guaranteed by Articles 14,20,21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners. •

What are the exceptions to Article 19?

Answer 5:- Article 19 guarantees freedom of various forms available to all the citizens of the nation,but it also states the various exceptions to these Freedoms as to when it can be curtailed by the State. Thus, it is not absolute and the exercise of freedom would depend upon the exceptions whether or not it falls within the same.

SUBJECTIVE ANSWER [Within 200 Words] 5 Marks Each

•

Are Fundamental Rights enforceable against private citizens or corporations? If yes, why and if not why?

Answer 1:- No, Fundamental Rights are not enforceable against private citizens or corporation. By and large fundamental rights are enforceable against the State. The term State has been defined in Art.12. There are few fundamental rights such as under Arts.17, 21, 23 or 24 which are also available against private persons. In case of violation of any such rights, the court can make appropriate orders against violation of such rights by private persons.The rights which are given to the citizens by way of fundamental rights as included in part-III of the constitution are a guarantee against state action as distinguished form violation of such rights from private parties. Private action is sufficiently protected by the ordinary law of land.

•

Can a District Court enforce a Fundamental Right? Give reasons for your answer?

Answer 2:-No, a District court cannot enforce a Fundamental Rigts because in our constitution only the High Court and the Supreme Court have been vested with powers to issue writs therefore one needs to go to one of these higher courts for any breach of fundamental rights.If the Fundamental Rights are enforced then there would not be any difference between the lower courts and the apex court. The writ petitions have to be filed when there are no other remedies and when your Fundamental Right is violated. The Supreme Court has been given special powers by means of writs to protect your basic rights and being the apex of all, the crucial matters have to be handled with efficacy. If there are matters lined up in case there is no provision of Art 32 to enforce other Fundamental Rights, it would create a ruckus in the present scenario where many file false cases and cases just for the sake of it.

•

Is Right to Privacy a Fundamental Right? Substantiate.

Answer 3:- Yes, Right to Privacy is a Fundamental Right under the Constitution Of India. As this right stems from the fundamental right to life and liberty. Article 21 is certainly one of the most important provision in India. This right has been provided against the state only. At present, it has various inclusions and is not merely limited to life and personal liberty. Some significant inclusions under Article 21 include – Right to live with dignity, Right to livelihood, Right to shelter, Right to health, Right to clean environment, Right to know etc.

•

Can you file a Writ petition on behalf of someone else?

Answer 4:-Yes, a person can file a Writ petition on behalf of someone else.Over a period of time, the Supreme Court has been taking a liberal view of locus standi. Art.32 confers a good deal on freedom on the SC to involve its own rules of locus standi. The petition for a writ of Habeas Corpus which can be made not only by the person who is imprisoned or detained but by any person provided he is not a complete stranger for liberating a person from illegal imprisonment (Subramaniam Swamy v. JJ Board (2013) 10 SCC 465).The rule of standing is also relaxed in case of petition for quo warranto i.e., The writ lies only in respect of public office of a substantive character. To file a petition for a Quo Warranto, it is not necessary that he should have suffered a personal injury himself, or should seek to redress a personal grievance.

ANALYTICAL QUESTIONS [Within 200 Words] 10 Marks Each

•

If you wanted to add a Fundamental Right in the Constitution, what would it be?

Answer 1 :- Well our constitution is the largest written constitution in the world and covers all and every aspects. If still there is any need to add something or to amend something the provvision is provided within it. Fundamental Rights provided by the Indian Constitution are the conscience of the constitution. Each right covers the wide area of the needs of the people of the India. Well in my opinion I don.t think so there is any need to add something new in the Fundamentals Rights of the Constitution as I personally think that the makers of the Constitution Of Indian had kept their vision impressively wide enough that the haven.t neglected any part and made it an absolute one and thats why I feel the are basic and kept away from amendments as far as possible.

•

Give your own suggestions as to how to make Enforcement of Fundamental Rights easier and effective?

Answer 2 :- Constitution of Indian under Art. 32 and Art.226 empowers the Supreme Court and High Court respectively to enforce the fundamental Rights of the citizens if there is any infringememt or violation has been caused or occured by the way of Writs. But still with plethora of cases and burdern on Supreme Court and High Court it still becomes difficult for the Courts to delivery fast and speedy justice to the aggrieved person. so in my opinion there are few suggestions which I personally feel can help in making the Enforcement of Fundamental Rights easier and effective. The suggestions are as following: 1. A purposive approach must be adopted by the court while interpreting Article 12 taking into account facts and circumstances of each case. The gist of Article 12 has to be expanded by „progressive‟ judicial thinking, so as to include within its ambit instrumentalities and agencies performing state function or entrusted with state action. 2. A straight jacket formula for the purpose of ascertaining amenability of these bodies under Article 12 will lead to miscarriage of justice. Public functions test must be applied in the cases of violation of fundamental rights by private bodies, which do not fall under Article 12. 3. Amendment to Article 12 of the Constitution must be carried out in lines with the suggestion given by National Commission on the Review of the Working of the Constitution. According to the commission, private non state entities which discharge important quasi governmental or important public functions, which have repercussions on the life and welfare of the community, can be regarded a „state‟. 4. Rational approach towards existing constitutional provisions will help to ensure justice in the changing scenario. For example Article 32(3) in the Constitution must be put to use. District Courts must be given authority to issue writs for enforcement of fundamental rights. This will also help to avoid burdening of cases in the High Court and Supreme Court....