FUNDAMENTAL RIGHTS | fundamental rights of india

FUNDAMENTAL RIGHTS

Fundamental Rights of India have been mentioned in Part III of the Constitution of India and Articles 12 to 35 deal with them. The concept of Fundamental Rights has been taken from the Constitution of the United States. At the time the fundamental rights were drafted, there were 7 fundamental rights of India, but after the 44th amendment to the 1978 Act, the right to property was removed from the Constitution of India.

  • 1. Right to Equality (Articles 14-18)
  • 2. Right to Freedom (Article 19-22)
  • 3. Right against Exploitation (Article 23-24)
  • 4. Right to freedom of Religion (Articles 25 to 28)
  • 5. Cultural and Educational Rights (articles 29 to 30)
  • 6. Right to Property (Deleted by 44th Amendment Act 1978) Article 31
  • 7. Right to Constitutional Remedies (Article 32)

Also, Read MAKING OF THE INDIAN CONSTITUTION

Nature of fundamental rights (articles 12-13)

article 12. Definition – In this Part, unless the context requires otherwise, “the State” includes the Government and Parliament of India and the Government and Legislature of each State and all local or other authorities within the State. the territory of India or under the control of the Government of India.

articles 13. Laws inconsistent with or repealing fundamental rights of india :

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, to the extent that they are inconsistent with the provisions of this Part, shall: the degree of such inconsistency will be null.

(2) The State will not enact any law that eliminates or limits the rights conferred by this Part and any law enacted in contravention of this clause will be, to the extent of the contravention, void.

(3) Nothing in this article shall apply to any amendment to this Constitution made by virtue of article 368.

Right to equality (articles 14-18)

 Articles 14. Equality before the law The State will not deny any person equality before the law or equal protection of the laws within the territory of India.

Fifteen

Articles  15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition. (3) Nothing in this article shall prevent the State from making any special provision for women and children. 

Articles  16. Equality of opportunity in matters of public employment (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.  (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. 

Articles  17. Abolition of Untouchability “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offense punishable in accordance with the law.

Articles 18.

 Abolition of titles

  • (1) No title, not being a military or academic distinction, shall be conferred by the State.
  •  (2) No citizen of India shall accept any title from any foreign State.
  •  (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.
  •  (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.

Right to freedom (article 19-22)

 Article 19. Protection of certain rights related to freedom of expression, etc. (1) All citizens have the right: (a) To freedom of expression and expression; b) assemble peacefully and without weapons; (c) Form associations or unions; (d) To move freely throughout the entire territory of India; (e) Reside and settle in any part of the territory of India (f) Practice any profession or carry out any occupation, trade or business

Article 20. Protection with regard to conviction for crimes

(1) No one may be convicted of any crime, except for the violation of a law in force at the time of the commission of the law charged as a crime, nor shall they be subjected to a higher penalty to what could have been inflicted in accordance with the law in force at the time of the commission of the crime.

(2) No one will be prosecuted and punished for the same crime more than once.

(3) No person accused of a crime shall be compelled to testify against himself.

Article 21. Protection of life and personal liberty. No one may be deprived of his life or of his personal liberty, except in accordance with the procedure established by law. 21 (A) Right to education Every child has the right to free and compulsory education from the age group 6 to 14 years.

Article 22. Protection against arrest and detention in certain cases

(1) No detained person may be detained without being informed as soon as possible of the reasons for said detention and without being denied the right to consult and to be defended. by an attorney of his choosing.

(2) Every person arrested and detained must appear before the nearest magistrate within a period of twenty-four hours from said arrest, excluding the time necessary for the arrest. travel from the place of detention to the magistrate’s court and no such person may be detained beyond that period without the authority of a magistrate.

(3) No law that provides for preventive detention shall authorize the detention of a person for a period exceeding three months.

Right against exploitation (article 23-24)

 Article 23. Prohibition of trafficking in human beings and forced labor

 (1) Trafficking in human beings and beggars and other similar forms of forced labour are prohibited and any violation of this provision will be a crime punishable in accordance with the law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes and, when imposing said service, the State shall not discriminate solely on the grounds of religion, race, caste or class, or any of them.

Article 24. Prohibition of the employment of children in factories, etc. No child under the age of fourteen shall be employed to work in any factory or mine or engaged in any other dangerous employment.

Right to freedom of religion (Articles 25 to 28)

 article 25. Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morals, and health, and the other provisions of this Part, all people have the same right to freedom of conscience and the right to freely profess, practice, and propagate religion.

 (2) Nothing in this article shall affect the operation of any existing law or prevent the State from enacting any law- (a) Regulate or restrict any economic, financial, political, or secular activity that may be associated with religious practice; (b) Provide social welfare and reform or open Hindu religious institutions of a public nature to all classes and sectors of Hindus.

article 26. Freedom to administer religious affairs Subject to public order, morals, and health, every religious denomination or any section thereof shall have the right to

(a) Establish and maintain institutions for religious and charitable purposes;

(b) Manage his own affairs in matters of religion;

(c) Own and acquire real and personal property, and (d) Manage said property in accordance with the law.

article 27. Freedom regarding the payment of taxes for the promotion of a particular religion. No person shall be obliged to pay taxes whose income is specifically used to pay the expenses of promoting or maintaining a particular religion or religious denomination.

article 28. Freedom to attend religious instruction or religious worship in certain educational institutions

(1) Religious instruction shall not be provided in any educational institution that is fully supported by state funds.

 (2) Nothing in clause (1) shall apply to an educational institution that is administered by the State but has been established under any investiture or trust that requires religious instruction to be imparted in such institution.

(3) No person who attends an educational institution recognized by the State or who receives assistance from State funds shall be obliged to participate in any religious instruction that may be taught in said institution or to attend any religious worship that may be held in said institution. or in any premises attached to it, unless said person or, if said person is a minor, her guardian has given her consent to do so.

Cultural and educational rights (articles 29 to 30)

Article 29. Protection of minority interests (1) Any sector of citizens residing in the territory of India or in any part of it that has a language, a script or an own distinct culture will be entitled to preserve the same.

Article 30. Right of minorities to establish and administer educational institutions

 (1) All minorities, whether for reasons of religion or language, shall have the right to establish and administer educational institutions of their choice.

 (2) When granting aid to educational institutions, the State will not discriminate against any educational institution for being under the direction of a minority, whether for reasons of religion or language.

Article 31. Right to Property Was removed from the Constitution by the 44th Amendment Act of 1978 and is now a legal right under section 300 (A).

Right to constitutional remedies (article 32)

 Dr B.R. Ambedkar said: “It is the heart and soul of the Constitution

article 32. Remedies for the application of the rights conferred by this Part

 (1) The right to appeal to the Supreme Court is guaranteed through the appropriate procedures for the application of the rights conferred by this Part.

 (2) The Supreme Court shall be empowered to issue instructions or judicial orders or orders, including judicial orders of the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, as appropriate, for the application of any of the fundamental rights.

Fundamental Rights of india for foreigners

The Fundamental Rights guaranteed by Articles 14,20,21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to foreigners

Also, Read President of India

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