Article 311 of the Constitution of India, 1950 is a clause which provides special protection to the holders of certain posts and offices in India, specifically those in the all India services, high dignitaries, and members of the Armed Services.
Article 311(1) of the Constitution provides for the dismissal, removal or reduction in rank of a person in service of the Union, who is a member of a civil service of the Union, or holds a civil post under the Union.
However, the action can only be taken in the cases specified in this clause.
Furthermore, the dismissal, removal or reduction in rank must be effected after giving the person a reasonable opportunity of being heard, in accordance with the procedure prescribed by the legislature.
Article 311(2) is a special protection clause for civil servants and guards against their arbitrary dismissal. This clause applies to all persons who have been appointed to civil services and posts, permanently, provisionally or temporarily.
Article 311(3) provides that no such action will be taken against any employee who has been appointed by the President, or the Governor of a state, or is a member of the Armed Forces. This is further secured by Article 33 which empowers the President (or the Governor) to provide safeguards, in the interest of the security of the State, against arbitrary action in respect of persons employed in civil capacities in the defense services.
In summary, Article 311 ensures that individuals employed in both civil and military services are not dismissed unjustly by means of providing them with a reasonable opportunity to be heard and safeguards against arbitrary actions.
What is Article 311 2 )( C of the Constitution of India?
Article 311 (2) (c) of the Constitution of India is a provision in the Constitution which states that no civil servant can be dismissed, removed, or reduced in rank without a prior inquiry. This provision is thus very important in ensuring that civil servants are provided with certain safeguards if they face penalty or punishment.
This inquiry must be a fair and impartial one and must be conducted in any of the prescribed forms which are issued by the Central Government or State Government. The inquiry must also be completed within a reasonable period of time.
If these conditions are not met, then the dismissal, removal, or reduction in rank of the civil servant is not valid and would be considered to be in violation of the Constitution. Besides this, it also provides for certain other remedies such as compensation for any loss caused due to the dismissal.
Is Section 311 bailable or not?
Section 311 of the Indian Penal Code falls under the category of non-bailable offences. This means that bail is not a right to the accused but is subject to the discretion of the court. If the court finds a strong case against the accused, they may choose to deny bail.
Some of the factors that a judge may take into consideration while deciding whether or not to grant bail are the gravity of the offence, the antecedents of the accused, and the likelihood of the accused of fleeing or tampering with evidence.
Additionally, the court may also consider other factors such as the age and health of the accused and whether or not they are financially stable.
What is the meaning of no person shall be deprived of life liberty or property without due process of law nor shall any person be denied the equal protection of the laws?
The meaning of the phrase “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws” is that everyone must be given a fair and reasonable legal process before they can be punished or have their fundamental rights (life, liberty, or property) revoked or denied, and that everyone must be given the same rights and protections under the law regardless of their race, gender, nationality, etc.
This phrase is found in the 14th Amendment of the United States Constitution. It was put in place to ensure that every person has equal access to the rights and protections of the law and to prevent unfair or arbitrary punishment or mistreatment.
It is a fundamental legal protection and a cornerstone of the American justice system.
What is the rule of natural justice Article 311?
Article 311 of the Indian Constitution outlines the protection of civil servants, who are required to render services to the Union or a State Government. This article ensures that no civil servant can be dismissed, removed or reduced in rank without being provided a reasonable opportunity of being heard.
The due process of natural justice is followed in such matters, which is commonly known as the ‘Rule of Natural Justice’.
The essential principles of this rule are that: no civil servant can be condemned unheard; an opportunity must be provided for him to defend his case against the charges leveled at him and a fair and just decision should be made against him; an unbiased authority must determine the facts; and the civil servant should have a right to appeal the decision.
Further, the civil servant can also challenge the dissolution of his service on the grounds of discrimination, mala fide or on technical irregularities. The rule further requires that appropriate enquiry must be made before a decision is taken.
The Rule of Natural Justice requires that the civil servants’ interest must be kept in consideration and due process of law must be followed to ensure justice. The rule adds to the terms and conditions of service of a government servant and safeguards their interests.
Why Article 31 was removed?
Article 31 of the Indian Constitution was removed in 1978 due to its potential to limit land rights and restrict access to the justice system. This article stated that “no person shall be deprived of his property save by authority of law.
” This meant that any state or governmental action that affected an individual’s property rights needed to be pursued through the judicial system, creating an additional burden on citizens.
Removing Article 31 enabled the government to enact multiple pieces of land reform legislation, most notably the 42nd Amendment Act of 1976. This act allowed designated authorities to acquire and hold land for public use without having to go through the lengthy court proceedings.
This allowed the government to enact several social welfare initiatives and land reforms, such as District Collectors being given unprecedented powers to acquire land for more equitable distribution and pushing for better living conditions for citizens.
In addition, the Indian Supreme Court found that Article 31 violated the Directive Principles of State Policy, which promote social and economic equality for citizens. The Court decided that the Directive Principles superseded Article 31, and this gave legal backing to the removal of the article.
Overall, Article 31 was removed to make it easier for the Indian government to enact land reform initiatives, address the issues of poverty and inequality, and guarantee citizens’ access to the justice system.
Who can read Article 31 rights?
Anyone who is arrested, detained, or accused of a crime in the United States has the right to be informed of the Article 31 rights. These rights are detailed in the Uniform Code of Military Justice (UCMJ).
The Article 31 rights include the right to remain silent. It also states that anything said can and will be used against the accused in a court of law. It gives the accused the right to speak to an attorney before making any statements.
And it gives the accused the right to have an attorney present during any questioning or trial. Furthermore, it allows the accused to consult with and receive advice from a family member or other person of his or her choosing.
As such, anyone who is facing possible charges in the US military has the right to know and understand their Article 31 rights.
Can Article 14 be violated?
Yes, Article 14, which is part of the Indian Constitution, can be violated. Article 14 states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
” This means that all persons who live in India should be treated equally under law and should not be discriminated against on the basis of their race, religion, caste, sex, place of birth, or any other irrelevant factor.
Unfortunately, there have been several cases of Article 14 being violated over the years. For instance, people belonging to lower castes or religions are often discriminated against when it comes to employment, education, and other social opportunities.
Similarly, women and members of the LGBTQ community are often discriminated against despite being protected under Article 14.
Thus, it is clear that Article 14 can be violated, and steps should be taken to ensure that all people in India are given equal rights and protection.
Who can claim protection under Article 14?
Article 14 of the Universal Declaration of Human Rights states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution”, and is binding on all countries that have signed the UDHR.
This means that anyone who faces persecution due to their race, religion, nationality, political opinion or social group can seek asylum in another nation. This could include political activists, refugees from war or conflict-stricken countries, and individuals who are persecuted for their religious beliefs or political views.
Article 14 also provides for the right to a grant of asylum, and for all states to cooperate in granting asylum to individuals in need, as there is no protection in their home nation. This protection is also extended to those in need of medical attention, with individuals allowed to seek medical treatment in other countries until they are able to return safely to their homes.
Therefore, Article 14 provides protection to any individual who is in fear of persecution in the country of origin, regardless of the reason.
Who are not answerable to any court treated as exception for the Article 14?
Article 14 of the Indian Constitution guarantees citizens equal protection of law. This means that everyone is equal in the eyes of the law, and all citizens have access to the same legal system and court of law.
However, who are not answerable to any court fall under an exception of the Article 14. This can include members of parliament, president of India (during their tenure) as well as the foreign ambassadors and consuls.
These people cannot be pursued in any court since they hold a special status and diplomatic immunity. Additionally, the Supreme Court and High Court Judges also have immunity from any proceedings. Finally, certain leaders of religious or charitable trusts are also not answerable to courts due to their unique religious and organizational considerations.
Which rights Cannot be suspended?
The rights that cannot be suspended include those that are enshrined in the International Bill of Rights, which consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.
These rights are fundamental to the functioning of a free society and include the right to life and liberty, the right to be free from cruel, inhuman, and degrading treatment, the right to freedom of opinion and expression, the right to peaceful assembly, the right to due process of law, the right to freedom from discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, and national or social origin, the right to own property, the right to education and the right to a fair and equitable system of public health and welfare.
These rights are non-negotiable and are protected from government interference or suspension.
How do I dismiss an IAS officer?
Dismissing an IAS officer (Indian Administrative Service) can be a long and tedious process, depending on the nature of the case and the regulations in place. According to the All India Service Rule 1954, an IAS officer can be dismissed from service on grounds of physical or mental incapacity, any kind of misbehavior or maladministration, and any violation of the All India Service Rules or any other misconduct.
Once the decision is made to dismiss the IAS officer, the relevant ministry sends a charge sheet detailing the charges against the IAS officer for which he/she is being discharged. The IAS officer is then given an opportunity to present his/her version of the events and has the right to refute the charges.
If the IAS officer is not able to provide sufficient evidence in his/her defense, a disciplinary committee will be established to make the final decision.
Once the disciplinary committee has made its final decision, the IAS officer will be dismissed if found guilty on the charges. The officer will then have the right to appeal the decision, and it is possible for him/her to be reinstated if the appeal is successful.
As such, dismissal of an IAS officer is not a simple process and can be a long and taxing ordeal.
Which articles can be suspended during emergency?
In an emergency situation, certain articles may be suspended temporarily in accordance with the applicable laws. This may include the temporary suspension of certain rights and freedoms, such as freedom of assembly, movement, and expression.
Depending on the context, the articles that may be suspended may also include restrictions on certain financial transactions, changes to certain judicial procedures, and restrictions on freedom of travel.
In addition, certain substances, weapons, and activities may be completely banned during a period of emergency. Ultimately, the articles that may be suspended or banned in an emergency will be determined by the applicable law or regulations, and the circumstances of the emergency itself.
