ADS law 03

 Article 23 of the Indian Constitution Article 23 of the Indian Constitution enshrined in Part III of Indian Constitution prohibits the traffic in human beings and forced labour. It is considered considered as Right Against Exploitation. Article 23 protects the individual individual not only against tue State but also private individuals. The protection under Article 23 is available to both citizens as well as non-citizens.  Article 23: Prohibition of traffic in human beings and forced labour Article 23(1):  Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Traffic in human beings -  Case: Raj Bahadur vs Legal Remembrancer, 1953 Cal Held: 'Traffic in human beings' means selling and buying men and women like goods and includes immoral traffic in women and children are for immoral or other purposes.  Slavery in Article 23 Case: Dub...

 Article 22 of the Indian Constitution Article 22 enshrined in Part III of Indian Constitution deals with protection against arrest and detention. One of the most important dangers to the democracy is detention and arrest because it is an eclipse on other fundamental rights also. Hence, realizing this fact our Constitution makers have provided adequate provisions in Constitution ensuring protection against arrest and detention. Article 22 is available to citizens as well as non-citizens.  Article 22: Protection against arrest and detention in certain cases  Article 22(1): No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult and to be defended by a legal practitioner of his choice.  Thus, three rights included in this clause are- a) Right to be informed of grounds of arrest: This is necessary to enable the arrested person to know the grounds of his a...

 Article 20 of Indian Constitution Article 20 : Protection in respect of conviction for offences  Article 20 of the Indian Constitution provides the following safeguards to the persons accused of crimes - ex post facto law : Article 20 (1) Double jeopardy : Article 20 (2) Prohibition against self incrimination : Article 20(3) Protection against ex post facto law - Article 20 (1):  No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. An ex post facto law is a law which imposes penalties retrospectively i.e. on acts already done and increases the penalty for such acts. Note : The American Constitution also contains a similar provision prohibiting ex post facto laws both by Central and State legislature. Punishment can neither be given ...

 Article 19 of the Indian Constitution Personal liberty is the most important of all fundamental rights. Articles 19 to 22 deal with different aspects of this basic right. The foremost amongst these are six fundamental rights in the nature of freedoms which are guaranteed to the citizens by Article 19 of the Constitution.  Article 19: Protection of certain rights regarding freedom of speech etc.  Article 19 (1) :  All citizens shall have the right— (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions [or co-operative societies]; (Inserted by Constitutional (97th Amendment) Act, 2011 )  (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India;  (f) ( Right to property was omitted by  C onstitutional (44th Amendment ) Act, 1978 )  (g) to practise any profession, or to carry on any occupation, trade or business. T...

 Article 18 of the Indian Constitution  Article 18 : Abolition of titles    Article 18 (1) - No title, not being a military or academic distinction, shall be conferred by the State. The conferment of titles of Bharat Ratna, Padma Vibhushan, Padma Shri etc. are not prohibited under Article 18. These awards seem to fit in within category of Academy distinction.    Article 18 (2)-  No citizen of India shall accept any title from any foreign State. Article 18 (3) - No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. Article 18 (4)- No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State. Case : Balaji Raghavan 🆚 Union of India, 1996 SC The petitioner challenged the validity of the nation...

Article 17 of the Indian Constitution  Untouchability is a social evil which causes a huge gap between different sections of the society and it also violates the principle of  equality of status and opportunity enshrined in preamble of the Indian Constitution. Our Constitution makers have realised the need to eradicate the untouchability prevailing as an evil in the society and they have made provision for abolition of untouchability in the Constitution.  Article 17 : Abolition of untouchability    Article 17 :  “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law. 'Untouchability' is neither define the Constitution nor in any Statute.  In exercise of powers conferred by Article 35 parliament has enacted the Untouchability (offences) Act, 1955 . The Act was amended and renamed as the Untouchability (Offences) ...