Definition of State under Article 12 and limitation of State
Discussion on Rights in Schools of Jurisprudence – Natural, Positive and Realist schools and its influence on interpretation of Fundamental rights.
Constitutional understanding of ‘Equality before law and Equal protection of Law’ in relation with ‘Reservation policy in India based on gender, Class and Caste’. Difference between Rule of law and Rule by law.
Reservation under Article 15 and 16 of Constitution. Along with Indra Swahey Case (Mandal Commission case) & 105th Amendment of Constitution. Definition of backwardness and shift in policy of reservation- from social justice to representation viz. reservation to economically weaker section and demand of Reservations to Jat, Patadir, Maratha and Gujjar, and its Constitutionality.
Definition & Forms of Untouchability and abolition of it under Article 17- Protection of Civil Rights Act and S.C & S.T Atrocity Prevention act. ‘Temple Entry laws to Sabarimala Temple entry’.
Six freedom guaranteed under Article 19 and reasonable restriction on it under Article 19 (2) Test of reasonableness, reading on Constitutionality of Sedition Object v/s purpose test Clear and danger test, in view of Article 19(2)
Article 21 – Right to life, meaning of ‘procedure established by law’ in relation with principles of Natural Justice. Reading Rulings of S.C in ADM Jabalpur case and Menaka Gandhi Case. Reading dissenting opinion of Justice Khanna in ADM Jabalpur Case, and its impact on the interpretation of the Constitution.
Life guaranteed under Article 21 is ‘not mere animal existence’. It includes every aspect of man that makes him dignified. Reading relevant case -laws to envisage what the word ‘life’ means in the Constitution. Reading on Right to Education under 21-A in view of Welfare State. Role of Information in Democracy- Right to information Act and Right to life.
Article 22- Preventive Detention Laws and Fundamental Rights guaranteed under Article 19 i.e. Freedom of Speech and expression etc. Question of the Constitutionality of National Security Act 1980, Unlawful Activities (Prevention) Act 1967 and Armed Forces Special Power Act 1958. Power of Preventive Detention under Criminal Procedure Code. Testing it on the touchstone of principles of Natural Justice.
Article 25- Right to religion; discussion on words of preamble liberty of thought… belief, faith and worship. Evolution of Test of Essentials of Religion. Discuss Narsu Appa v/s State of Bombay; Sardar Syeda Taher Saif uddin v/s State of Bombay; Haneefi Qureshi v/s State of Gujarat; Commissioner of Police & others v/s Acharya J Avadhuta; Shah Banu v/s Syed Ahmed; Chaman Lal Chopra v/s State of West Bengal; Ismail Faraqui v/s Union of India.
Legitimization of religion of politics under the Constitution of India- Manohar Joshi v/s Nitin Bhauro Patil ( Hindutva Judgment ).
Article 30- Right of Minority to establish and administer educational institutions. Linguist and religious minority rights under the Constitution of India.