RESERVATION
- EWS reservations -
- Supreme court was asked to look into various constitutional issues.
- Do they violate article 16, where reservations can be provided only on the basis of social and educational backwardness and also for SC, ST & OBCs?
- Do these EWS reservations go against the Supreme court's own judgment in a Mandal case wherein the Supreme court has ruled that reservations cannot exceed 50%?
- Since these reservations exclude SC/ST & OBCs does it not violate the basic structure of our constitution (equality before the law)?
- Supreme court in a 3-2 judgment ruled the following:
- 1. It has ruled that the 50% limit imposed by the Supreme court in a Mandal commission is not sacrosanct i.e it is not fixed and it can be changed.
- 2. Supreme court has ruled that Parliament has the sovereign power to decide reservations.
- 3. Supreme court also ruled that reservations can be given on any criteria decided by the Parliament including economic backwardness.
- 4. Through a majority verdict it also ruled that this reservation does not violate article 14 of our constitution because other groups are already covered under different categories like SC/ST/OBCs.
- Reservations based on local domicile-
- With the advent of LPG reforms, the country has seen widening disparities in growth and development.
- It led to the creation of islands of prosperity in an oven of poverty.
- It means that very few States are developed compared to the rest of the country.
- It resulted in the migration of people from backward regions to developed States.
- This migration led to conflicts between locals and outsiders.
- Some State governments had come out with legislation to protect the interest of their residents by providing reservations for locals in public sector enterprises and also in the private sector.
- But it must be remembered that under Article 16 of our constitution, only the Parliament is authorized to make legislation regarding the same.
- At present Articles, 371 D and E provide reservations for locals in the States of Andhra Pradesh and Telangana respectively.
- The demand for reservations for locals in the private sector also has increased in recent times due to the jobless growth, the country is witnessing in the recent past.
- Globalization and liberalization demand complete freedom to be given to the private sector without any restrictions.
- If these limitations are imposed on the functioning of the private sector it can make the process fail.
- The USA being a capitalist country recognise this fact and opted for procedural equality.
- India cannot afford to put restrictions on the functioning of the private sector as the rapid economic growth and development of the country directly depend on our ability to attract investment.
- What should be done-
- The focus should be on improving both physical and social infrastructure.
- Both the central and the State governments must invest at least 6% of their GDP in health and education.
- It can help in transforming our demographic bulge into a demographic dividend.
- At the same time, sufficient investment should be made in a physical infrastructure also so that the private sector can also invest in industrialization.
- It can help in generating employment and also in moving towards job-led growth.
ARTICLE 17 (ABOLITION OF UNTOUCHABILITY)
- Article 17 abolishes untouchability and forbids its practice in any form.
- The enforcement of any disability arising out of untouchability shall be an offense punishable in accordance with the law.
- But our constitution has not defined the term untouchability nor any other legislation passed by the Parliament.
- It was the Mysore High court that tried to define untouchability as a practice as it had developed historically in the country.
- It refers to the social disabilities imposed on certain classes of people by reasons of their birth in a certain caste.
- Article-18 (Abolition of titles)-
- During British rule, Britishers deliberately created differences among citizens of the country by conferring special privileges on certain sections of society.
- Similarly, the dominance of the princely State also meant that some of these titles had become hereditary in nature.
- Our constitutional makers felt that these titles go against the concept of equality before the law.
- It clearly mentions that the State should not confer any special privileges on any class of citizen.
- Article 18 abolishes titles and has four provisions in this regard.
- 1. It prohibits the State from conferring any title (except military or academic distinctions) on anybody whether a citizen or a foreigner.
- 2. It prohibits a citizen of India from accepting any title from any foreign State.
- 3. A foreigner holding any office of profit or trust under the State cannot accept any title from any foreign State without the consent of the President.
- 4. Similalry no citizen or a foreigner holding any office of profit or trust is to accept any present or emolument or office from any foreign State without the consent of the President.
- The government has banned colonial titles like Maharaja, Rai bahadur, Diwan, etc.
- In 1996 Supreme court ruled that the national awards given by the government including Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padam Shri are not titles within the meaning of Article 18.
- They do not violate equality under Article 18.
- Supreme court also ruled that these titles cannot be used as prefixes or suffixes by awardees.
- If they use it then they would forfeit these awards.
- These national awards were instituted in 1954, Janta party government 1977 discontinued these awards but they were revived again by the Congress government in 1980.
ARTICLE 19- RIGHT TO FREEDOM OF SPEECH AND EXPRESSION
- It guarantees 6 different types of freedoms to all citizens.
- 1. Right to freedom of speech and expression.
- 2. Right to assemble peacefully without arms.
- 3. Right to form associations and Unions or cooperative societies.
- 4. Right to move freely throughout the territory of India.
- 5. Right to reside and settle in any part of the territory of India.
- 6. Right to practice any profession or to carry on any occupation, trade, or business.
- In the original constitution, article 19 contains seven rights.
- 7. Right to acquire, hold and dispose of the property but it was deleted by the 44th CAA in 1978 and it was converted into an ordinary legal right.
FREEDOM OF SPEECH AND EXPRESSION
- It implies that every citizen has a right to express his opinions, views, thoughts, beliefs, and opinions freely by word of mouth, writing, printing, picturing, or any other manner.
- Supreme court has held that freedom of speech and expression includes the following:
- -Right to propagate one's views and the views of others.
- -Freedom of the press.
- -Freedom of commercial advertisements.
- -Right against tapping of a telephone conversation.
- -Right to telecast (the government has no monopoly over electronic media).
- -Right against bandh called by a political party or any organization.
- -Right-to-know activities of the government (RTI).
- -Freedom of silence.
- -Right against the imposition of pre-censorship on a newspaper.
- -Right to demonstration or picketing but not right to strike.
- The State can impose reasonable restrictions on the grounds of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offense.
- Issues related to the right to freedom of speech and expression-
- Sedition- sedition laws had their origin during colonial, section 124 A of IPC deals with the law.
- Sedition is defined as an act that brings or attempts to bring into hatred or contempt or excites or attempts to excite, disaffection towards the government established by law in India by words, either spoken or written or signs or by visible representation or otherwise.
- A person is liable to be punished with imprisonment for life or up to 3 years with a fine.
- During the freedom movement, most of the freedom fighters were imprisoned under this draconian legislation.
- The constituent assembly discussed the continuation of sedition law and felt that they should not be there in a democratic polity.
- But they were allowed to continue as it was felt that decisions should be taken by future generations taking into consideration issues related to the safety and security of the nation.
- In 1962 Supreme court in Kedarnath Singh vs. State of Bihar upheld the validity of the sedition law.
- The court significantly reduced the scope of sedition law only to those cases where there is an incitement to imminent violence towards the overthrow of the State.
- Supreme court also held that it was not merely against the government of the day but the institutions as symbols of the State.
- In other judgments, the Supreme court ruled that the sedition act can be applied only when there is a disruption to public order, an attempt to violently overthrow a lawful government.
- Threatening the security of the State or public.
- In recent times there are many cases of sedition filed against political opponents by the government at central and the State levels, raising questions about the misuse of sedition laws.
- Arguments in favor of continuation of section 124 A.
- It is part of reasonable restrictions and under article 19 (2) of the constitution.
- When there is a threat to the unity and integrity of the nation from Naxalites, terrorists, and other anti-national elements sedition laws can protect the country.
- Supreme court has already imposed restrictions on the use of sedition laws.
- Misuse of particular legislation cannot be a ground for its repeal.
- Misuse can be prevented by imposing more restrictions rather than deleting the entire legislation.
The topic for the next class- Continuation of the topic 'Article 19'
Here are 40 multiple-choice questions related to the class notes provided, along with their respective answers. Please note that for the "more than one option correct" type questions, multiple options may be correct.
1. Do EWS reservations violate Article 16 of the Indian Constitution?
a) Yes
b) No
Answer: b) No
2. Do EWS reservations go against the Supreme Court's ruling in the Mandal case, where it was stated that reservations cannot exceed 50%?
a) Yes
b) No
Answer: b) No
3. Do EWS reservations violate the principle of equality before the law?
a) Yes
b) No
Answer: b) No
4. Can the 50% limit on reservations imposed by the Supreme Court be changed?
a) Yes
b) No
Answer: a) Yes
5. Who has the authority to decide reservations according to the Supreme Court?
a) Parliament
b) Supreme Court
c) President
Answer: a) Parliament
6. Can reservations be given based on economic backwardness?
a) Yes
b) No
Answer: a) Yes
7. Do EWS reservations violate Article 14 of the Indian Constitution?
a) Yes
b) No
Answer: b) No
8. Do EWS reservations exclude SC/ST & OBCs?
a) Yes
b) No
Answer: a) Yes
9. Can reservations based on local domicile be provided in the public sector?
a) Yes
b) No
Answer: a) Yes
10. Can reservations based on local domicile be provided in the private sector?
a) Yes
b) No
Answer: a) Yes
11. Which states currently have reservations for locals based on Article 371?
a) Andhra Pradesh
b) Telangana
c) Both a) and b)
Answer: c) Both a) and b)
12. What has led to conflicts between locals and outsiders in some regions?
a) LPG reforms
b) Widening disparities in growth and development
Answer: b) Widening disparities in growth and development
13. Can State governments independently make legislation regarding reservations based on local domicile?
a) Yes
b) No
Answer: b) No
14. Is there an increased demand for reservations for locals in the private sector?
a) Yes
b) No
Answer: a) Yes
15. What should be the focus to transform the demographic bulge into a demographic dividend?
a) Investment in health and education
b) Investment in physical infrastructure
Answer: a) Investment in health and education
16. What does Article 17 of the Indian Constitution abolish?
a) Reservations
b) Untouchability
Answer: b) Untouchability
17. What does Article 18 of the Indian Constitution abolish?
a) Titles
b) Caste system
Answer: a) Titles
18. Can the State confer any title on any individual?
a) Yes, except military or academic distinctions
b) No, except military or academic distinctions
Answer: b) No, except military or academic distinctions
19. Do national awards violate Article 18 of the Indian Constitution?
a) Yes
b) No
Answer: b) No
20. What is the scope of freedom of speech and expression?
a) Express opinions freely
b) Right to silence
Answer: a) Express opinions
freely
21. Can the State impose reasonable restrictions on freedom of speech and expression?
a) Yes
b) No
Answer: a) Yes
22. What offense does sedition refer to?
a) Incitement to imminent violence towards the overthrow of the State
b) Spreading false information
Answer: a) Incitement to imminent violence towards the overthrow of the State
23. Did the Constituent Assembly discuss the continuation of sedition laws?
a) Yes
b) No
Answer: a) Yes
24. Which case upheld the validity of the sedition law in India?
a) Kedarnath Singh vs. State of Bihar
b) Mandal case
Answer: a) Kedarnath Singh vs. State of Bihar
25. Can sedition laws be applied only when there is incitement to violence?
a) Yes
b) No
Answer: a) Yes
26. Are there concerns about the misuse of sedition laws?
a) Yes
b) No
Answer: a) Yes
27. Is the continuation of sedition laws justified as part of reasonable restrictions?
a) Yes
b) No
Answer: a) Yes
28. Does Article 19 of the Indian Constitution guarantee the right to freedom of speech and expression?
a) Yes
b) No
Answer: a) Yes
29. How many types of freedoms are guaranteed under Article 19?
a) 5
b) 6
c) 7
Answer: b) 6
30. Which provision was deleted from Article 19 by the 44th Constitutional Amendment Act?
a) Right to acquire, hold and dispose of property
b) Right to practice any profession
Answer: a) Right to acquire, hold and dispose of property
31. Can the State impose pre-censorship on a newspaper?
a) Yes
b) No
Answer: b) No
32. What are the grounds on which reasonable restrictions can be imposed on freedom of speech and expression?
a) Sovereignty and integrity of India
b) Public order
c) Decency or morality
d) All of the above
Answer: d) All of the above
33. What are the issues related to the right to freedom of speech and expression?
a) Sedition laws
b) Freedom of the press
c) Right to know activities of the government
d) All of the above
Answer: d) All of the above
34. What does the term "untouchability" refer to?
a) Social disabilities imposed on certain classes of people
b) Discrimination based on gender
Answer: a) Social disabilities imposed on certain classes of people
35. Are national awards considered titles within the meaning of Article 18?
a) Yes
b) No
Answer: b) No
36. Can foreign nationals accept titles from any foreign State without the President's consent?
a) Yes
b) No
Answer: b) No
37. Can a citizen accept any present or emolument from any foreign State without the President's consent?
a) Yes
b) No
Answer: b) No
38. Did the Janta party government discontinue national awards in 1977?
a) Yes
b) No
Answer: a) Yes
39. Can the government ban colonial titles?
a) Yes
b) No
Answer: a) Yes
40. What does Article 17 of the Indian Constitution abolish?
a) Reservation
b) Untouchability
Answer: b) Untouchability
Here are 8 Match the Column questions based on the class notes you provided:
Question 1:
Match the following statements about EWS reservations with their corresponding explanations:
A) Supreme Court ruling on 50% limit
B) Parliament's power to decide reservations
C) Criteria for reservations including economic backwardness
D) Reservation not violating Article 14
1) 50% limit not fixed, can be changed
2) Parliament has sovereign power to decide reservations
3) Reservations can be given on any criteria, including economic backwardness
4) Reservations not violating Article 14 due to coverage of other groups
Answer 1:
A - 1
B - 2
C - 3
D - 4
Question 2:
Match the statements about reservations based on local domicile with their corresponding descriptions:
A) Migration and conflicts between locals and outsiders
B) State legislation and parliamentary authority
C) Demand for reservations in the private sector
1) Conflict between locals and migrants due to migration from backward regions
2) State legislation protecting the interest of residents, parliamentary authority for legislation
3) Increased demand for reservations in the private sector due to jobless growth
Answer 2:
A - 1
B - 2
C - 3
Question 3:
Match the following statements about Article 17 with their corresponding explanations:
A) Abolition of untouchability and punishment for its practice
B) Definition of untouchability by Mysore High Court
1) Article 17 abolishes untouchability and provides punishment for its practice
2) Mysore High Court attempted to define untouchability as social disabilities based on birth in a certain caste
Answer 3:
A - 1
B - 2
Question 4:
Match the provisions of Article 18 with their corresponding descriptions:
A) Prohibition on conferring titles by the state
B) Prohibition on accepting titles from foreign states
C) Restrictions on foreigners holding office under the state
D) Restrictions on accepting presents or offices from foreign states
1) Prohibition on state conferring titles (except military or academic distinctions)
2) Prohibition on accepting titles from foreign states
3) Restrictions on foreigners holding office under the state
4) Restrictions on accepting presents or offices from foreign states
Answer 4:
A - 1
B - 2
C - 3
D - 4
Question 5:
Match the statements about freedom of speech and expression with their corresponding explanations:
A) Scope of freedom of speech and expression
B) Imposition of reasonable restrictions
1) Right to express opinions, views, thoughts, etc., and includes freedom of the press, commercial advertisements, telecast, etc.
2) State can impose reasonable restrictions based on certain grounds like sovereignty, integrity, public order, etc.
Answer 5:
A - 1
B - 2
Question 6:
Match the descriptions related to sedition with their corresponding explanations:
A) Definition and punishment of sedition
B) Supreme Court ruling on sedition law
1) Definition and punishment of sedition under Section 124A of the IPC
2) Supreme Court's ruling on the validity and scope of sedition law
Answer 6:
A - 1
B - 2
Question 7:
Match the arguments in favor of continuation of sedition laws with their corresponding descriptions:
A) Part of reasonable restrictions and protection of the country
B) Imposing more restrictions to prevent misuse
1) Sedition laws as reasonable restrictions and protection against threats to the country
2) Prevention of misuse through imposition of additional restrictions
Answer 7:
A - 1
B - 2
Question 8:
Match
the following statements about the abolition of titles (Article 18) with their corresponding descriptions:
A) Prohibition on conferring titles by the state
B) National awards and their usage
1) State prohibition on conferring titles (except military or academic distinctions)
2) National awards not considered titles, but awardees cannot use them as prefixes or suffixes
Answer 8:
A - 1
B - 2
Q1: Do EWS reservations violate Article 16?
A1: No, EWS reservations do not violate Article 16 as they are based on economic backwardness.
Q2: Do EWS reservations go against the 50% limit set by the Supreme Court?
A2: No, the Supreme Court ruled that the 50% limit is not fixed and can be changed.
Q3: Do EWS reservations violate the basic structure of the Constitution?
A3: No, the Supreme Court ruled that EWS reservations do not violate the basic structure as other groups are already covered under different categories.
Q4: Who has the power to decide reservations according to the Supreme Court?
A4: The Supreme Court ruled that Parliament has the sovereign power to decide reservations.
Q5: Can reservations be given on any criteria, including economic backwardness?
A5: Yes, the Supreme Court ruled that reservations can be given on any criteria decided by Parliament, including economic backwardness.
Q6: Are reservations based on local domicile legal?
A6: Only the Parliament is authorized to make legislation regarding reservations based on local domicile.
Q7: Which States have reservations for locals based on Article 371?
A7: At present, Andhra Pradesh and Telangana have reservations for locals based on Article 371.
Q8: Why is there a demand for reservations for locals in the private sector?
A8: The demand has increased due to jobless growth and the need to protect the interests of local residents.
Q9: Why can't India put restrictions on the private sector?
A9: India cannot afford to restrict the private sector due to the country's economic growth and the need to attract investment.
Q10: What should be the focus to transform the demographic bulge into a dividend?
A10: The focus should be on improving physical and social infrastructure, investing in health and education, and promoting job-led growth.
Q11: What does Article 17 of the Constitution abolish?
A11: Article 17 abolishes untouchability and forbids its practice in any form.
Q12: Has the term "untouchability" been defined in the Constitution or legislation?
A12: The Constitution and legislation have not defined the term "untouchability."
Q13: What does Article 18 of the Constitution abolish?
A13: Article 18 abolishes titles and prohibits the State from conferring special privileges on any class of citizens.
Q14: Can national awards be used as titles?
A14: No, national awards like Bharat Ratna, Padma Vibhushan, etc., are not considered titles under Article 18.
Q15: What are the freedoms guaranteed by Article 19?
A15: The freedoms guaranteed by Article 19 include freedom of speech and expression, assembly, association, movement, residence, and profession.
Q16: What happened to the right to acquire, hold, and dispose of property in Article 19?
A16: The right to acquire, hold, and dispose of property was deleted by the 44th Constitutional Amendment Act in 1978.
Q17: What does freedom of speech and expression include?
A17: Freedom of speech and expression includes the right to propagate views, freedom of the press, commercial advertisements, etc.
Q18: Can reasonable restrictions be imposed on freedom of speech and expression?
A18: Yes, reasonable restrictions can be imposed on grounds like national security, public order, decency, etc.
Q19: What is sedition?
A19: Sedition is defined as an act that brings hatred or contempt towards the government by words or actions.
Q20: What did the Supreme Court rule in Kedarnath Singh vs. State of Bihar regarding sedition?
A20: The Supreme Court upheld the validity of
the sedition law but restricted its application to incitement to violence or overthrowing the State.
Q21: Can sedition laws be used against political opponents?
A21: Misuse of sedition laws against political opponents raises concerns about their misuse and calls for a balance between national security and individual freedom.
Q22: Are there arguments in favor of the continuation of sedition laws?
A22: Yes, arguments include protecting the unity and integrity of the nation and imposing reasonable restrictions under Article 19(2) of the Constitution.
Q23: Can misuse of a legislation be a ground for its repeal?
A23: Misuse of a legislation can be addressed by imposing stricter restrictions rather than repealing the entire law.
Q24: Can citizens express their views freely?
A24: Yes, citizens have the right to express their opinions, views, thoughts, beliefs, and opinions freely through various means.
Q25: Are there any limitations on the right to freedom of speech and expression?
A25: Reasonable restrictions can be imposed on grounds such as national security, public order, decency, and contempt of court.
Q26: Can the State confer titles on individuals?
A26: The State is prohibited from conferring titles except military or academic distinctions, as stated in Article 18.
Q27: What did the Supreme Court rule regarding the use of titles by awardees?
A27: The Supreme Court ruled that awardees cannot use titles as prefixes or suffixes and would forfeit their awards if they do so.
Q28: Has the government banned colonial titles?
A28: Yes, the government has banned colonial titles like Maharaja, Rai bahadur, Diwan, etc.
Q29: What percentage of GDP should be invested in health and education?
A29: Both the central and state governments should invest at least 6% of their GDP in health and education.
Q30: What is the role of physical infrastructure in job-led growth?
A30: Sufficient investment in physical infrastructure can help generate employment and move towards job-led growth.
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