Fundamental Rights in Indian Constitution

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Fundamental Rights in Indian Constitution

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Part III- Fundamental Rights

  • Article 12- 35
  • Part III : describe as the ‘ Magna Carta of India’
  • Fundamental rights are Justiciable
  • Guardian of fundamental rights : Judiciary
  • Fundamental rights can be suspended : during National Emergency
  • Borrowed from US Constitution
  • Chief Architect of fundamental Rights : Sardar vallabai patel
  • Article 13 declares : ‘ all laws that are inconsistent with any of the fundamental rights shall be void

Fundamental Rights

  • In the original constitution: 7 categories
  • Now only 6 categories (by making right to property a legal right)

1.Right to equality(Article 14-18)

2.Right to Freedom(Article 19-22)

3.Right against exploitation(Article 23- 24)

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

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

6.Right to Constitutional remedies(Article 32-35)

 

Right to property

  • After the 44th amendment act of 1978, it is only a legal right under Article 300A
  • Article 31: “ No person shall be deprived of his/her property, except by the authority of law”.
  • Also, “ compensation would be paid to a person whose property has been taken for public purposes”
  • Now Article 31 stands repealed

Right to Equality:

Article 14 – Equality before law

Article 15 – Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth

Article 16 -Equality of opportunities in matters of public employment

Article 17– Abolition of Untouchability

Article 18 – Abolition of titles

 

Right to Freedom (Articles 19-22):

Article 19 -Protection of certain rights regarding freedom of speech, etc.

Article 19 says that all citizens shall have the right

  • to freedom of speech and expression.
  • To assemble peacefully and without arms.
  • To form associations or unions.
  • To move freely throughout the territory of India.
  • To practice any profession or to carry on any occupation, trade or business.

Article 20 – Protection in respect of conviction for offenses

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

Article 21 –  Protection of life and personal liberty.

Article 21A   states that that state 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

Article 23 –  the prohibition of traffic in human beings and forced labor.

Article 24 – prohibition of employment of children in factories, etc.

 

Right to Freedom of Religion Articles 25-28

Article 25 – freedom of conscience and free profession, practice, and propagation of religion.

Article 26 – freedom to manage religious affairs.

Article 27 – freedom as to payment of taxes for promotion of any particular religion.

Article 28 –  freedom as to attendance at religious instructions or religious worship in certain educational institutions.

 

Cultural and Educational Rights -Articles 29-30

Article 29 deals with the protection of language, script, and culture of minorities.

Article 30 deals with the right of minorities to establish and administer educational institutions.

 

Right to Constitutional Remedies Article 32

Article 32 – the right to move to the supreme court for the enforcement of Fundamental Rights including the Writs of (i) Habeas corpus, (ii) Mandamus, (iii) Prohibition, (iv) Certiorari and (iv) Quo warranto.

 

Right to Privacy:

Right to privacy is an intrinsic part of Article 21 that protects life and liberty of the citizens.

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