Article 19

• മൗലിക സ്വാതന്ത്ര്യങ്ങളെ പറ്റി
• grounds to restrict free speech under Article 19(2) of the Constitution are exhaustive
• a law restricting freedom of speech and expression cannot fall within the reservation under clause (2) of Art. 19,
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Article 20

Right To Life-Personal Liberty- Privacy - Article 21

• right - to be left alone
• State is under a duty to affirmatively protect the rights of a person under Article 21, whenever there is a threat to personal liberty, even by a non­State actor
• Article 21 in The Constitution Of India 1949
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Arguments

• Whenever two fundamental rights compete, the Court will balance the two to allow the meaningful exercise of both.
• State cannot plead its inability to protect the fundamental rights of the citizens.
• the official act which violates the fundamental rights of the citizens, would make the State liable
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Individual Vs Society

• ‘individual vs. society’.

Horizontal operation of fundamental rights

• recognising horizontality of the fundamental rights under Articles 19 and 21
• writ jurisdiction and fundamental rights when applied horizontally

Basic Structure of constitution

• no such law can be made which takes away the fundamental rights.
• Basic structure Concerns and fears - AJ Philip

Right to Human Dignity

Access to Justice

• access to justice is a fundamental right
• India cannot have two parallel legal systems, one for the rich and the other for petty men

Equality

• State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them

Right not to be compelled- Article 23-24

• No one can compel you to do things against your will

Right to do Business

• Right to do business is a fundamental right

presumption of Innocent

• every person should be presumed innocent until proven guilty.

Right of appeal

• one right of appeal is fundamental right under Article 21 of the Constitution

Right to Freedom of Movement

• Right to Freedom of Movement

Artilcle 32

• Article 32
• interpreting Article 32-Appropriate proceedings
• the form of proceeding and its character
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Article 22 - Right to Speedy Trial

• right to a speedy trial is a constitutional right.