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Some Exceptions to Fundamental Rights

Article 14 Exception: Right to Equality: Article 14 encompasses equal protection and equality before the law. It exemplifies...Exceptions to Fundamental Rights

Article 14 Exception: Right to Equality

  • Article 14 encompasses equal protection and equality before the law.
  • It exemplifies the equality stated in the preamble.
  • There are constitutional and other exceptions to Article 14.
  • Despite equality being vital in democracy, differences in treatment are allowed.
  • Article 14 allows reasonable classification of people, things, and transactions.

Article 14 Constitutional Exceptions

  • Article 361 of the constitution grants the President of India and the Governor of a state immunity.
  • Article 361-A allows the publication of substantially true reports of proceedings in either house of parliament or the legislature of a state without subjecting the author to any civil or criminal proceedings in any court.
  • Members of parliament are exempt from legal action in any court based on anything they said or voted in the legislature or any parliamentary committee (Article 105).

Exception to Article 21: Protection of Personal Liberty and Life

  • Article 21 safeguards an individual’s life and liberty.
  • Activists and courts use this right to expand fundamental rights‘ protection.
  • New rights have been added to Article 21’s coverage, including the right to privacy and dignity.
  • Even Article 21 has exceptions; it must be just, fair, and not oppressive, as established in Maneka Gandhi v. Union of India [5].
  • Exceptions to Article 21 must undergo a stricter test.
  • The revocation of someone’s life and liberty must adhere to natural justice principles.

Article 22 Exception: Protection from Arrest and Detention In Certain Circumstances

  • Article 22 defends against arbitrary state actions.
  • States, regardless of being democratic or not, fear dissenting opinions.
  • Dissent is crucial in democratic discourse but challenges power structures.
  • Authorities aim to suppress opposing actions or words.
  • Article 22 protects citizens from arbitrary detention and arrest.
  • Preventive detention is unique to India’s constitution.
  • Article 22(3) elaborates on clauses (1) and (2) of Article 22.
  • Protections in clauses (1) and (2) don’t apply in cases of preventive detention or arrest of enemy aliens.
  • Colonial practices like preventive detention have constitutional validity, a regrettable aspect.

Article 31A: Laws Governing the Purchase of Estates and Other Things Are Protected

It bars the challenging and invalidation of five categories of laws by arguing that they violate Articles 14 and 19.

  • Purchase of states by the government and related rights.
  • Assuming state control over property management.
  • Combination of businesses.
  • Rights of corporate directors or shareholders being revoked or change.
  • Cancellation or modification of a mining lease.

Exceptions to Fundamental Rights ,Exceptions to Fundamental Rights

Read Also: Article 35 Of The Indian Constitution

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