Right to internet – comes under Art. 19
Article 15 and 16 of the Constitution empowers the State to make special provisions in education and jobs respectively for the socially and educationally backward section of the society and for the economically weaker section.
Right to Reservation is not a fundamental right.
Right to be forgotten - right to privacy is a fundamental right (under Art. 21) and it also includes the right to be forgotten.
Under Right to be forgotten, an individual could seek to remove or delete online posts which may contain an embarrassing picture, video or news articles mentioning them.
- While the right is not recognised by law in India, courts in recent months have held it to be an intrinsic part of the right to privacy.
- The government said the Personal Data Protection Bill (a Joint Parliamentary Committee’s report on which was tabled on December 16), contains provisions to the doctrine of the ‘right to be forgotten’.
DPSP –
- Non-justiciable
- Ideals state should consider while making policies.
- Constitutional instructions for State in administrative, executive & legislative matters.
- They’re no limitations upon executive or legislative actions.
- Aim to ensure socio-eco. Justice and establish a welfare state.
- Establish socio- eco. Democracy
Art. 39(c) - The State shall, in particular, direct its policy towards securing: that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
A.38 & A.39 – distributive justice.
Any law which contains the declaration that it is to give effect to DPSPs in Article 39(b) & Article(c) shall not be questioned in a court of law.
Any law that seeks to implement socialistic directives of A.39(b) & A. 39(c) shall not be void on the grounds of contravention of A. 14 & A. 19.
Courts can uphold the validity of a law on the grounds that it gives effect to a directive. FRs enjoy supremacy over DPSPs. Parliament can amend FRs for implementing DPSPs, if the amendment doesn’t violate basic structure.
Fundamental Rights – most essential for the attainment by the individual for his full intellectual, moral & spiritual status. Negation of these rights will keep the moral and spiritual life stunted & his potentials underdeveloped.
Fundamental Rights are protected and guaranteed by the constitution. ‘Liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
Object behind Fundamental Rights– establish a government of law and not of man. Rights are legal and moral entitlements or claims of a person over other fellow beings, over society and over the government.
Fundamental Rights are not sacrosanct, Parliament can curtail or repeal them but only by a constitutional amendment act.
Fundamental Rights are justiciable and allow persons to move the courts for their enforcement, when they are violated. Fundamental Rights can be suspended during National Emergency except the rights guaranteed by Articles 20 and 21.
Fundamental Rights guaranteed by Art. 19 can be suspended only when there is an external emergency war or external aggression) [and not on the ground of armed rebellion (i.e. internal emergency].
Fundamental Rights given to citizens in part III of the Constitution are a guarantee against State action, not private action. Private action is protected by ordinary law of land.
Art. 12 State – i) Government & Parliament of India. ii) Government & Legislature of each state. iii) All local or other authorities within territory of India. iv) All local & other authorities under control of Govt. of India
Art. 13 - Laws inconsistent with FRs Objective of Art.13 is to secure paramountcy of Constitution especially wrt Fundamental Rights. Art. 13(1) – all pre constitutional or existing laws shall be void to the extent to which they are inconsistent with Fundamental Rights. Art. 13(2) – prohibits state to make any law which takes away rights conferred by Part III.
Right to Equality (Article 14, 15, 16, 17 and 18)- Article 14 - no person shall be denied treatment of equality before the law or the equal protection of the laws within the territory of India. Exceptions to Art. 14- i) President & Governors ii) MPs, MLAs & MLCs iii) Foreign Diplomats & Sovereigns. Art. 16 - provides for equality of opportunity for all citizens in matters of employment or appointment to any public office. Art. 16 (6) enables State to make provision for reservation in appointments, in addition to the existing reservations, subject to a maximum of 10%.
Art. 15 - No citizen shall be discriminated on grounds only of religion, race, caste, sex or place of birth. Art. 15(3) - State to make special provision for women and children. Art. 15(4) - State to make special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. 103rd amendment inserted Art. 15(6) - State to make special provisions for advancement of any economically weaker section of citizens, including reservations in educational institutions. EWS reservation issues- Rs 8 lakh criterion.
Art. 21 – right to life & personal liberty Right to marry Right to privacy Art.21 is not an absolute right. The State can impose restrictions on the right to life and liberty but it should be fair, reasonable and just, and as per the procedure established by law.
Procedure established by law equated with due process of law post Maneka Gandhi case.