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Fundamental Rights

The document outlines the definition of 'State' as per Article 12 of the Indian Constitution, which includes various levels of government and authorities. It details the Fundamental Rights enshrined in Part III of the Constitution, emphasizing their importance for individual dignity, equality, and public interest, while also noting the classification and current status of these rights. The six Fundamental Rights include the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

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33 views14 pages

Fundamental Rights

The document outlines the definition of 'State' as per Article 12 of the Indian Constitution, which includes various levels of government and authorities. It details the Fundamental Rights enshrined in Part III of the Constitution, emphasizing their importance for individual dignity, equality, and public interest, while also noting the classification and current status of these rights. The six Fundamental Rights include the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

Uploaded by

2ktechs45
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MODULE 2

State
Fundamental Rights & duties
directive principles
DEFINITION OF STATE

• Article 12 has defined the term ‘State’. According to it, the State
includes the following:

1. Government and Parliament of India.

2. Government and legislature of states.

3. All local authorities, that is, municipalities, panchayats, district


boards, improvement trusts, etc.

4. All other authorities, that is, statutory or non-statutory


authorities like LIC, ONGC, SAIL etc.
Fundamental rights

• The Fundamental Rights are enshrined in Part III of the Constitution from

Article 12 to 35.

• Part III of the Constitution is rightly described as the Magna Carta of India.

• It contains a very long and comprehensive list of ‘justiciable’ Fundamental

Rights.

• Inspired from the Constitution of USA (ie; Bill of Rights)

• The Fundamental Rights are guaranteed by the Constitution to all persons

without any discrimination.


Nature of fundamental rights

• Fundamental rights are guaranteed by the Constitution to all persons


without any discrimination.
• They uphold the equality & dignity of all individuals.
• The larger public interest.
• Unity of the nation.
• Prevent the establishment of an authoritarian and despotic rule in the
country.
• They are defended and guaranteed by the Supreme Court.
• They are ‘fundamental’ also in the sense that they are more essential for
the all-round development of an individual.
• They can be suspended during the operations of a National Emergency.
Classification of fundamental rights

• Originally, the Constitution of India provided seven Fundamental


Rights.

1. Right to Equality (Article 14-18)


2. Right to Freedom (Articles 19-22)
3. Right Against Exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Property (Article 31)
7. Right to Constitutional Remedies (Article 32)
• However, the Right to Property was deleted from the list of
Fundamental Rights by the 44th Amendment act, 1978.

• It is made a legal right under Article 300 –A in Part XII of


the Constitution.

• So at present, there are only SIX FUNDAMENTAL RIGHTS.


1. Right to equality (articles 14-18)

• It implies:

1. Equality before law and equal protection of laws (Article 14): It means

absence of any special privilege in favor of any person.

2. Prohibition of discrimination on grounds of religion, race, caste, sex or

place of birth (Article 15)

3. Equality of opportunity in matters of public employment under the state

(Article 16)

4. Abolition of untouchability and prohibition of its practices (Article 17)


2. Right to freedom (articles 19-22)

• It implies

1. Article 19, guarantees to all citizens the six rights.

I. Right to freedom of speech and expression.

II. Right to assemble peaceably and without arms.

III. Right to form associations or unions or co-operative societies.

IV. Right to move freely throughout the territory of India.

V. Right to reside and settle in any part of the territory of India.

VI. Right to practice any profession or to carry on any occupation, trade or


• Article 20 – Protection in respect of conviction for offences.

• Article 21 – Protection of life and personal liberty.

• Article 21A – Right to elementary education: it implies that

state shall provide free and compulsory


education

to all children of age 6-14 years.

• Article 22 – Protection against arrest and detention in certain

cases.
3. Right against exploitation
(Articles 23-24)

a) Prohibition of traffic in human beings and forced labour (Article 23).


The ‘traffic in human beings’ include :

 Selling and buying of men, women and children like goods,

 Immoral traffic in women and children

 Slavery

b) Article 24 – Prohibition of employment of children below 14 years in


any

factories or companies or construction activities.


4. Right to freedom of religion (article 25-28)

• Article 25 - Freedom of conscience and free profession, practice of religion.

It implies the inner freedom of an individual to declare one’s

religious beliefs and faith openly and freely.

• Article 26 – Freedom to manage religious affairs.

• Article 27 – Freedom from payment of taxes for promotion of any religion.

• Article 28 – Freedom for attending religious instructions or worship in any

kind of religious institutions.


5. Cultural and educational rights (article 29-30)

a) Article 29 – Protection of language, script and culture of minorities.

Any sections of the citizens residing in any part of India having a distinct

language, script or culture of its own, shall have the right to conserve the

same.

b) Article 30 - Right to minorities to establish and administer educational

institutions.
6. Right to constitutional remedies (article 32)

• Right to move the Supreme Court for the enforcement of fundament


rights including the writs (writs as extraordinary remedies to uphold the
rights and liberties) of :

1. Habeas Corpus : Latin term which literally means ‘to have the body
of’. It
is an order issued by the court to a person who has detained by another
person, to produce the body of the latter before it.

2. Mandamus : It literally means ‘we command’. It is a command issued


by
the court to a public official asking him/her to perform his official duties
that he/she has failed refused to perform.
3. Prohibition – literally means ‘to forbid’. It is issued by a higher
court to a lower court to a tribunal to prevent the latter from
exceeding its jurisdiction that it does not possess.

4. Certiorari- It means ‘to be certified’ or ‘to be informed’. It is


issued by a higher court to lower court or tribunal either to
transfer a case pending with the latter or itself or to squash the
order of the latter in a case.

5. Quo Warranto (Article 32) – it means ‘by what authority or


warrant’. It is issued by the court to enquire into the legalities
of claim of a person to a public office.

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