Fundamental Right - Law Dictionary Search Results
Home Dictionary Name: fundamental right Page: 3Freedom of movement
Freedom of movement, is the fundamental right to move freely throughout the territory of India without any discriminatory barriers, A.K. Gopalan v. State of Madras, 1950 SCR 88 [Constitution of India, Art. 19(1)(d)]Has three aspects (i) the right to move from any part of the country to any other part; (ii) the right to move out of the country; (iii) the right to return to the country from abroad, Commentary on the Constitution of India, Durga Das Basu, Vol. 1, p. 262....
civil right
a legal right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of congress including the right to legal and social and economic equality...
bill of rights
bill of rights : a summary of fundamental rights and privileges guaranteed to a people against violation by the government; esp, cap B&R : the first 10 amendments to the U.S. Constitution see also the Constitution in the back matter ...
Religious denomination
Religious denomination, different sects and sub-sects of the Hindu Religion having a common faith and a common spiritual organisation come under the definition of denomination, Shirur Math v. Commission of Endowment, (1952) 1 MLJ 557.Religious denomination, enjoys certain rights per-taining to the establishment, management etc., of its own religion and charitable institutions, A Commentary on the Constitution of India, Durga Das Basu, 4th Edn., Vol. 2, p. 159.Religious denomination, in India, subject to public order, morality and health, every religious denomination or any section thereof enjoys the fundamental right to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property and to administer such property in accordance with law, Constitution of India, Art. 26.Religious denomination, is a religious sect or body having a common faith and organization and designated by a...
Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
Minorities
Minorities, means 'groups held together by ties of common descent, language or religious faith and feeling different in these respects from the majority of the inhabitants of a given political entity, T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.The Constitution of India recognizes two categories of minorities, viz. religious minorities and linguistic minorities; have the fundamental right to establish and administer educational institutions of their choice and to conserve the district language, scripts or culture of their own, Constitution of India, Art. 29 and 30.Minority [fr. minor, Lat.], the state of being under age--e.g., twenty-one years. also, the smaller number.The minority under article 30 of the Constitution of India mean those from a distinct and identifiable group of citizens of India, St. Stephen's College v. University of Delhi, AIR 1992 SC 1630 (1646). [Constitution of India, Article 30]The word 'minority is not defined in the Constitution but literally...
Constitution
Constitution, any regular form or system of government. Also a particular law, ordinance, or regulation made by the authority of any superior; as the Novel Constitutions of Justinian and his successors; the Constitutions of Clarendon; the Ecclesiastical Constitutions, etc.Constitution and 'Organisation' as against jurisdiction and powers', words do not include words 'jurisdiction' and powers' within their scope and power of 'Constitution' and 'organisation' of the Supreme Court and High Court nests with Parliament alone, Jamshed N. Guzdar v. State of Maharashtra, (2005) 2 SCC 59.Constitution is the mechanism under which the laws are to be made and not merely an Act which declares what the law is to be. A Constitution must not be construed in any narrow or pedantic sense, and that construction most beneficial to the widest possible amplitude of its power, must be adopted, India Cement Ltd. v. State of T.N., (1990) 1 SCC 12: AIR 1990 SC 85.Means the Constitution of India. [Supreme Court ...
Equality
Equality, Equality under art. 16 could not have a different content from equality under art. 14. Equality of opportunity for unequals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906.The quality or state being equal; esp. likeness in power or political status, Black's Law Dictionary, 7th Edn., p. 597.Indian Constitution guarantees equality of opportunity to all citizens in the matter of employment or appointment to any office under the State, no citizen will be denied employment on the ground of religion, race, caste, sex and place of birth etc. However, the State can make special provision for reservation of posts for backward class citizens, Constitution of India, Art. 16(1), (2) & 4.The equality before law does not mean absolute equality of men, it only means equal subjection of all individuals to the ordin...
Freedom of profession
Freedom of profession, occupation or business, is a fundamental right of the citizens of India, Constitution of India, Art. 19(1)(g)....
Vagueness
Vagueness, 'vagueness' is a relative term, and varies according to the circumstances of each case, but if the statement of facts contains any ground of detention which is such that it is not possible for the detenu to clearly understand what exactly is the allegation against him, and he is thereby prevented from making an effective representation, it does not require much argument to hold that one such vague ground is sufficient to justify the contention that his fundamental right under clause (5) of Article 22 of the Constitution has been violated and the order of detention is bad for that reason alone, Mohd. Yusuf Rather v. State of Jammu and Kashmir, AIR 1979 SC 1925: (1979) 4 SCC 370: (1980) 1 SCR 258. [Constitution of India, Art. 22(5)]1. Uncertain breadth of meaning 2. Loosely, ambiguity, Black's Law Dictionary, 7th Edn., p. 1548....
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