Cultural & Educational Rights (Article 29 to Article 30)
Article 29(1)
Indian citizens having distinct language, script or culture has the right to conserve the same.
It protects the language, script, and culture of a section of citizens.
Article 29(2)
Any citizen will not be denied admission in any educational institution maintained by State on grounds only of religion, race, caste, language.
Article 15(1) and Article 29(2)
Article 15 (1) protects citizens against discrimination in all matters, but Article 29 (2) protects only against a particular wrong – denial of admission in state aided educational institution.
Article 15 (1) prohibits discrimination on ground of sex or place of birth but Article 29 (2) doesn’t mention these grounds.
Article 30
Gives two rights to linguistic/religious minority
- Right to establish
- Right to administer educational institutions of their choice.
Who is Minority?
Constitution has not defined minority. Supreme Court opined that minority means a community which is numerically less than 50 % of the entire state population.
TMA Pai vs State of Karnatka 2002 –
If State is infringing on rights then protection will be given against State and the status of individual/group claiming protection will be defined within territorial limits of State.
For a Union law, minority’s status will be decided with country as a whole.
Any citizen can invoke Article 29, but Article 30 is available only to religious/linguistic minority.
Article 32 – Right to Constitutional Remedies.
Right to move the Supreme Court for the enforcement of the Fundamental rights.
Romesh Thappar vs State of Madras (1950), the Supreme Court observed that Article 32 provides a “guaranteed” remedy for the enforcement of fundamental rights.
Types of Writ
1. Habeus Corpus
To have the body! Related to personal liberty in cases of illegal detentions and wrongful arrests
Issued by Higher court to individuals (private & public both) against illegal detention.
Can’t be used if detention is –
(i) For contempt of court
(ii) Lawful
(iii) Outside Court’s jurisdiction
(iv) By a competent court.
2. Mandamus
Do it properly! Directing public officials, governments, courts to perform a statutory duty;
Issued by a higher court to a public official, inferior court or public body.
Can’t be issued against –
(i) Private individual/body
(ii) To enforce departmental instructions
(iii) For a discretionary duty
(iv) Against President/ Governors
(v) Against Chief Justice of a HC
3. Prohibition
Don’t do it. Directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for
Issued by a higher court to a lower court for exceeding its jurisdiction.
Can’t be issued against –
(i) Private individuals
(ii) Administrative authorities
(iii) Legislative bodies.
4. Certiorari
Don’t do it, we will do it! Re-examination of an order given by judicial, quasi-judicial or administrative authorities
Issued by – Higher Court to lower court for exceeding or lacking jurisdiction or for an error of law.
Can be issued against Administrative authorities
Can’t be issued against-
(i) Legislative bodies
(ii) Private individuals.
5. Quo-Warranto
How can you do it! To show by what warrant is a person holding public office;
Issued by a higher court to a public office created by Law or by Constitution.
Can’t be issued against –
(i) Private office
(ii) Ministerial office.
Article 33
Parliament can make laws to abrogate fundamental rights of members of armed forces, police, paramilitary, intelligence etc.
Includes employees of armed forces like mechanics, carpenters, barbers etc.
Such laws cannot be challenged in court.
Article 34
During martial law, Fundamental rights will be restricted.
Parliament can indemnify any government servant for any act done for maintaining order during martial law.
This indemnity can’t be challenged in court
What is martial law?
Military controls the area instead of police. Imposed during war, insurrection, riot etc.
Article 35
Only Parliament can make laws to implement certain specified FRs
Like - prescribing residence as condition for certain employments in a state or UT (Article 16)
Empowering lower courts to issue writs, directions and orders for enforcing FRs (Article 32)
Restricting FRs for members of armed forces (Article 33)
Indemnifying any Govt. servant for his act done during martial law (Article 34)