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Fundamental Rights

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42 views11 pages

Fundamental Rights

Uploaded by

chrismatheus.se24
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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What is Fundamental

Rights?

Fundamental rights are those rights


which are essential for intellectual, moral
and spiritual development of citizens of
India. As these rights are fundamental or
essential for existence and all-round
development of individuals, they are
called 'Fundamental rights.
Nature/Features of Fundamental
Rights
 Protected and guaranteed by the constitution
 The legislature and the Executives cannot
override or curtail them
 Justiciable and protected by the judiciary
 Not absolute, some restrictions are there
 Can be curtailed during National Emergency
 Comprehensive in Part-III, Article: 12-35
 Negative in the sense that they impose
restriction upon the power of state.
Significance of Fundamental Rights

 Establishes strong roots for a democratic


constitution
 Protects the liberties of the people and protect
against state tyranny and exploitation by
individual
 Help in fixing relation between Citizens and state
 Constitution protects, Preserves and Safe
Guards the minority Rights
 Help in establishment of Social, Economic and
SIX Fundamental Rights

1. Right to Equality (Article: 14 to 18)


2. Right to Freedom (Article: 19 to 22)
3. Right against Exploitation (Article: 23 to 24)
4. Right to Freedom of Religion (Article: 25 to 28)
5. Cultural and Educational Rights (Article: 29 to 30)
6. Right to Constitutional Remedy (Article: 32)

 ‘Right to Property’, however, was removed from


Article-31 in 1978 by 44th Amendment Act
Right to Equality (Article:14 to 18)

• Equality before law


• Social equality and equal access to public
areas
• Equality in matters of public employment
• Abolition of untouchability
• Abolition of Titles
Right to freedom (Article 19 to 22)

• ARTICLE 19 – 22

Article 19 :- says that all citizens shall have


the right
• To freedom of speech and expression.
• To assemble peacefully and without arms.
• To move freely throughout the territory of
India.
• To practice any profession or to carry on
Right to freedom continued….

Article 20( Protection in respect of conviction for offenses)

Articles 20 says that state can impose reasonable restrictions on the groups
of security of the state, friendly relations with foreign states, public order,
recency, morality, contempt of court, defamation, etc.

 Article 21 deals with protection of life and personal liberty.


 Article 21 A states that shall provide free and compulsory education to all
children of the age of 6 – 14 years.

Article 22 deals with protection against arrest and detention in certain


cases.
Right Against Exploitation (Articles: 23-24)

 Article23 deals with the


prohibition of traffic in human
beings and forced labour.

 Article 24 deals with


prohibition of employment of
children in factories etc.
Right to freedom of Religion (Articles: 25 to 28)

 Article 25 guarantees the freedom of conscience,


the freedom to profess, practice, and propagate
religion to all citizens.
 Article 26 provides that every religious
denomination has the following rights, subject to
morality, health, and public order.
 According to Article 27 of the Constitution, there
can be no taxes, the proceeds of which are directly
used for the promotion and/or maintenance of any
particular religion/religious denomination.
 Article 28 permits educational institutions that are
maintained by religious groups to disseminate
religious instruction.
Cultural and Educational Rights (Article: 29-30)

o Article 29(1): This provides all citizen groups that reside in India
having a distinct culture, language, and script, the right to
conserve their culture and language. This right is absolute and
there are no ‘reasonable restrictions’ in the interest of the
general public here.
o Article 29(2): The State shall not deny admission into educational
institutes maintained by it or those that receive aids from it to
any person based on race, religion, caste, language, etc. This
right is given to individuals and not any community.
o Article 30(1): All religious and linguistic minorities have the right
to establish and administer educational institutions of their
choice.
o Article 30(2): The State should not, when granting aid to
educational institutions, discriminate against any educational
institution on the ground that it is under the management of a
minority, whether based on religion or language.
Right to Constitutional Remedies (Article 32)

This right states that a person can move to


Supreme court if he/she wants to get their
fundamental rights protected including the Writs
(Habeas corpus, mandamus, Prohibition, certiorari
and Quo warranties).
This right comes under article 32 for Supreme
court an article 226 for the high court. It is known
as the right to constitutional remedies. In this
right, the Supreme court, as well as high court, is
given the power to instill the fundamental rights.
Furthermore, the power can be issued by local
courts also to extend the rights. Although, there is
one act which comes under the military law known
as the court-martial which is exempted from this
right.

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