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Summary
Polity Class 10

A brief overview of the previous class and Q&A session (05:00 PM)

ARTICLE 13 OF THE INDIAN CONSTITUTION (05:14 PM)

  • Article 13 mentions that all legislation that is inconsistent with or in derogation of any of the Fundamental Rights shall be void. It provides for Judicial review i.e. Judiciary has the right to review the legislation for its constitutional validity. This power is given to SC under Article 32 and to HCs under Article 226. 
  • What is LAW?
  • The law under Article 13 includes- 
  • a) Permanent laws enacted by parliament or by state legislatures- [*  Which are discussed, debated, and passed on the floor of the house. ]
  • b) It includes temporary laws like Ordinances issued by the president or the state Governors- [* They have to be passed within the period of six months otherwise they will lapse ]
  • c) Statutory instruments in the form of delegated legislation like orders, Bye-laws, Rules, Regulations, or Notifications. 
  • d) It also includes non-legislative sources of law i.e. Customs or usage having the same force as the law. 

ARTICLE 14 OF THE INDIAN CONSTITUTION- RIGHT TO EQUALITY (05:47 PM)

  • Article 14 emphasizes that the state shall not deny any person equality before the law or equal protection of laws within the territory of India.
  • It confers rights to all persons whether they are citizens or foreigners. 
  • The word "PERSON" includes legal persons also- Legal persons means statutory corporations, companies, Registered societies, or any other type of legal persons.
  • The concept of rule of law has two important dimensions
  • a) Equality Before the law, which is of British Origin and, 
  • b) Equal protection of the law, which is inspired by the American constitution. 
  • Equality before the law includes 
  • 1) Absence of any special privileges in favour of any person.
  • 2) The equal subjection of all persons to the ordinary law of the land administered by ordinary law courts.
  • 3) No persons are above the law.
  • This concept of equality before the law is taken from the concept of rule of law given by A V Dicey, a British constitutional expert. 
  • Dicey's concept of rule of law has three important elements 
  • a) Absence of arbitrary power-  It means that no person can be punished except for a distinct breach of law which is being proved by ordinary courts following the ordinary legal process. People should be given the freedom to call themselves innocent ( Innocent until proven guilty). 
  • b) Equality before the law- I.e. every person is equal in the eyes of law. Howsoever high he/she may be in terms of his/her position, status, wealth, name, fame, and popularity. 
  • c) The primacy of the rights of the individuals i.e. the source of Fundamental rights is in traditions and customs and also in Judgments delivered by courts from time to time. It means that the constitution is the result of the rights of the people. 
  • The third aspect of Dicey's concept of rule of law is not there in the Indian administration.  [* First feature is in India, the second feature is also there in India]
  • In India, the constitution is the source of Fundamental Rights. 

EQUAL PROTECTION OF LAWS (06:58 PM)

  • The concept of equal protection of the law is taken from the American constitution. It means- 
  • a) Equality of treatment in equal circumstances, both in the privileges conferred and liabilities imposed by the law. 
  • b) Similar application of laws to the same person who is similarly situated. 
  • c) The like should be treated alike without any discrimination.
  • We can see the implementation of these principles in the functioning of the government, for example, all those who are living below the poverty line (similar circumstances) are treated equally by the government. 
  • Similarly, Judiciary also maintains consistency in terms of the judgments it delivers so that there is strict implementation of rule of law in both letter and spirit. 

EXCEPTIONS TO ARTICLE 14/ RULE OF LAW (07:24 PM)

  • The president of India and the governor enjoys immunities under Article 361 of the constitution. 
  • No person shall be liable to any civil or criminal proceedings in any court with respect to the publication in a newspaper of a true report of any proceedings in either house of parliament. 
  • No member of parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him on the floor of the house. 
  • Article 31C is also an exception to Article 14. 
  • Foreign Ambassadors and diplomats also enjoy immunity from criminal and civil proceedings. 
  • UNO and its agencies also enjoy immunities. 

ARTICLE 15 OF THE INDIAN CONSTITUTION (07:36 PM)

  • Prohibition of discrimination on certain grounds. 
  • The state shall not discriminate against any citizen on grounds of only Religion, Race, caste, Sex, or, Place of Birth. 
  • Discrimination means being treated differently. 
  • Discrimination on other grounds is permitted as the article prohibits discrimination only on the basis of Race, religion, sex, caste or place of birth. 
  • Second provision- No citizen shall be subjected to any disability, liability, or restriction on grounds of only of religion, race, caste, sex, or place of birth with regard to 
  • a) Access to shops, Public Restaurants, Hotels, and places of Public entertainment or, 
  • b) The use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly by state funds or, dedicated to the use of the general public.  
  • Question- Critically analyze the demand for the creation of new states in India with relevant examples and also provide solutions. (250 words/ 15 marks).

The Topic for the next class:- Articles 15 and 16 of the Indian constitution.