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Shorter FR Notes

The document discusses the fundamental rights defined in Part III of the Indian Constitution, including the rights to equality, freedom, prevention of exploitation, freedom of religion, and cultural and educational rights. It also outlines criticisms of fundamental rights in India such as excessive limitations, lack of social and economic rights, and suspension during emergencies.

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32 views3 pages

Shorter FR Notes

The document discusses the fundamental rights defined in Part III of the Indian Constitution, including the rights to equality, freedom, prevention of exploitation, freedom of religion, and cultural and educational rights. It also outlines criticisms of fundamental rights in India such as excessive limitations, lack of social and economic rights, and suspension during emergencies.

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rmewan30
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© © All Rights Reserved
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Ans: The fundamental rights have been defined in Part III of the Indian Constitution and can

be summarized as the basic human rights of all citizens. Each of the fundamental rights will
be explained below:

a) Right to equality (14-19):. Article 14 states that the state shall not deny to any
person equality before the law and equal protection of law within the territory of India
Article 15 prohibits state from discriminating against any person on grounds only of
religion, race, caste, sex, place of birth or any of them. however, it allows for affirmative action
policies for the welfare of women, children, socially and educationally backward classes, SCs,
and STs and it also bars discrimination in accessing shops or other places of public entertainment
and the use of public amenities like wells, roads etc which are maintained wholly or partly out of
state funds or which are dedicated to the use of general public.
Article 16 guarantees equality of opportunity for all citizens in public employment
Article 17 abolishes untouchability and prohibits its practice in any form.

Article 18 prohibits the state from conferring titles, except military and academic
distinctions, and bars Indian citizens from accepting titles from foreign states; additionally,
individuals holding state positions cannot accept gifts or offices from foreign states without the
President's consent, and foreigners in state roles cannot accept titles from foreign states without
the President's approval.
b) right to freedom (articles 19-22): Article 19, guarantees to all citizens six rights including the
right to a) freedom of speech, b) assemble peacefully; c) form associations or unions or co
operatives; d) move freely within the territory of India; e) reside and settle in any part of
India; f) practice any profession or to carry on any trade, business or occupation

Article 20 provides protection against arbitrary punishment, ensuring no conviction


except for a violation of existing laws at the time of the offense, prohibiting multiple
prosecutions for the same offense, and safeguarding against self-incrimination.

Article 21 says that no person shall be deprived of his life or personal liberty,
except according to procedure established by law. Under the 86 th amendment act 2002, a
new right was provided under article 21 (a), i.e. the right to education. It provides that
The State shall provide free compulsory education to all children of the age of 6–14 years

Article 22 protects arrested or detained individuals, ensuring they are promptly informed
of the grounds for arrest and have the right to consult and be defended by a lawyer. They
must be brought before the nearest magistrate within 24 hours, excluding travel time, and
cannot be held beyond this period without magistrate approval

c) Right against exploitation (23-24): labour): Article 23 prohibits traffic in human beings,
beggar (forced labour) and other similar forms of forced labour. This right is available to
both citizens and non-citizens. Article 24 provides that no child below the age of fourteen
years shall be employed to work in any factory or mine or engaged in any other hazardous
employment.

d) RIGHT TO FREEDOM OF RELIGION (25-28): Article 25 entitles all persons equally to


freedom of conscience and right to freely profess, practice and propagate religion

Article 26 grants religious denominations rights to establish and maintain institutions for
religious and charitable purposes; manage their religious affairs; own and acquire
property, and administer it according to the law.

Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or
maintenance of any particular religion or religious denomination

Article 28 prohibits religious instructions in educational institutions wholly maintained by


state funds unless such institutions, despite being maintained by the state are established
under an endowment or trust that mandates religious teaching.

e) Cultural and educational rights (29-30): Article 29 grants any section of the citizens residing
in the territory of India or any part of it, possessing a distinct language, script or culture of its
own, right to conserve it. No citizen shall be denied admission into an educational institution
maintained by the state or receiving aid out of state funds on the basis of religion, race, caste,
language or any of them. Article 30 provides all minorities with the right to establish and
administer educational institutions of their choice.
f) Right to Constitutional remedies( Art. 32): this article has certain provisions which give
powers to the courts to enforce Fundamental Rights. The devices through which the courts
protect Fundamental Rights are known as writs. These writs include the writ of habeas
corpus, mandamus, prohibition, quo warranto and certiorari,

The fundamental rights have been criticised on the following grounds:


1) excessive limitations: They are subjected to innumerable exceptions, restrictions,
qualifications and explanations. Hence, the critics remarked that the
Constitution grants Fundamental Rights with one hand and takes them
away with the other
2) No Social and Economic Rights: The list is not comprehensive as it mainly consists of political
rights. It makes no provision for important social and economic rights like right
to social security, right to work, right to employment, right to rest and
leisure and so on.
3) suspension during emergency: The suspension of their enforcement during the operation of
National Emergency (except Articles 20 and 21) is another blot on the efficacy of these rights.
This provision cuts at the roots of democratic system in the country by placing the rights of the
millions of innocent people in continuous jeopardy
4) expensive remedy: The judiciary has been made responsible for defending and protecting
these rights. However, the judicial process is too expensive and hinders the common man from
getting his rights enforced through the courts.
5) Preventive detention: The critics assert that the provision for preventive detention (Article 22)
takes away the spirit and substance of the chapter on fundamental rights. It confers arbitrary
powers on the State and negates individual liberty. It justifies the criticism that the Constitution of
India deals more with the rights of the State against the individual than with the rights of the
individual against the State. Notably, no democratic country in the world has made preventive
detention as an integral part of their Constitutions as has been made in India.
6) No consistent philosophy: According to some critics, the chapter on fundamental rights is not
the product of any philosophical principle. Sir Ivor Jennings expressed this view when he said
that the Fundamental Rights proclaimed by the Indian Constitution are based on no consistent
philosophy. The critics say that this creates difficulty for the Supreme Court and the high courts
in interpreting the fundamental rights.

Despite the aforementioned criticisms, fundamental rights in India hold significant importance.
They serve as the cornerstone of a democratic system, safeguarding individual liberties and
providing necessary conditions for the material and moral protection of citizens. Fundamental
rights act as a bulwark against governmental overreach, ensuring the establishment of the rule of
law and protecting the interests of minorities and vulnerable sections of society. Moreover, they
strengthen the secular fabric of the Indian State, laying down the foundation for social equality
and justice. By guaranteeing dignity and respect for individuals, fundamental rights foster active
participation in the political and administrative processes, thereby contributing to the overall
democratic ethos of the nation.

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