Fundamental Rights

The Fundamental rights are placed in Part III of the Indian Constitution Covered article 12 to 35. This part is inspired by the Constitution of the USA (Bill of Rights).

Part III of the Constitution is also known as the Magna Carta of India.

A fundamental right guaranteed for every people of India without any discrimination. It is meant for promoting the ideal of political democracy.

Originally the constitution consisted of seven Fundamental Rights, these are:

  1. Right to equality
  2. Right to freedom
  3. Right Against Exploitation
  4. Right to Freedom of religion
  5. Cultural and educational rights
  6. Right to property – Article 31- It was deleted from the list by the 44th amendment Act of 1978. After that Right to property comes under legal right under Article 300A in part XII of the Constitution
  7. Right to Constitutional remedies
      • At present only six Fundamental Right
      Fundamental Rights and Related Articles of Indian Constitution - article 12 to 35

      Fundamental Rights and Related Articles of Indian Constitution

      1. Right to equality– (Article 14 -18)

      equality before the law and Equal protection of Laws. (14). The Rule of Law is embedded in article 14 and it is a ‘basic feature’ of our constitution so it cannot be abolished even by amendment under Article 368.

        • Some exception of Article 14 is given below:
        • Immunity to the President and Governors- article 361.
        • Parliamentary Privileges- Article 105 and 194.
        • protection of Proceeding of parliament and state legislature under Article 361A.
      • Prohibition of discrimination on the ground of religion, race, caste, sex, or place of birth. (15)
      • equality of opportunity in matters of employment. (16).
        • the principle of Equal pay for Equal work also comes under article 16.
      • Abolition of Untouchability and prohibition of its practice. (17)
      • Abolition of titles, except military and academic. (18)

      2. Right to freedomArticle 19-22

        Protection of six rights (art.19) these are

        1. freedom of speech and expression
          • Right to Information (RTI) is a Fundamental Right under Article 19(1)(a) Under the RTI Act of 2005.
        1. assembly
        2. Association
        3. movement
        4. residence
        5. profession.
        • Protection in respect of conviction of offenses- (art.20)-
        • Protection of Life and personal liberty. (Art.21)- Article 21 cannot be suspended even during an Emergency. The “Right to Privacy” is protected as an intrinsic part of the right to life and personal liberty Under Article 21. (Union of India, Case 2017- The Supreme Court declared the right to privacy as a fundamental right.)
        • Right to Elementary education (Art.21A)
        • Protection against arrest and detention in certain cases. (Art.22)

        3. Right Against Exploitation– Article 23-24

        • Prohibition of Traffic in human beings and Forced Labour. (Article- 23)
        • Prohibition of employment of children in various factories. (Article- 24)
          • Child Labour (Prohibition and Regulation) Act 2016 banned all kinds of child labor in all types of enterprises, whether hazardous or non-hazardous.

        4. Right to Freedom of religion– Article 25-28

        • Freedom of conscience and free profession, practice, and propagation of religion (Article- 25).
        • Freedom to manage religious affairs (Article- 26).
        • freedom from taxation for the promotion of any religion. (Article- 27)
        • Freedom from attending religious instructions. (Article- 28

        5. Cultural and educational rights– Article 29-30

        • Protection of interest of minorities. (Article 29)
        • Right of minorities to establish and administer educational institutions. (Article- 30)

        6. Right to Constitutional remedies– Article 32

        • B.R Ambedkar called ‘The heart and soul of the constitution for article 32.
        • This is about – Right to move the supreme court for enforcement of Fundamental rights including the writs-
          • Habeas corpus – it secures the release of a person who is illegally detained under unlawful conditions.
          • mandamus issued by the court to a public authority or government on failing to perform their official duty.
          • prohibitionissued by a higher court to prevent the proceeding of a lower court or a tribunal.
          • certiorari issued by a higher court to transfer a case that is pending in a lower court or squash the lower court’s decision.
          • Quo-war-rentoA court issues it for stopping a person from illegally occupying a public office.
            • The writ is a formal written order for providing a quick remedy against injustice, issued by the authority.
            • The writs can be issued by both the supreme court and the high court, writs issued by the supreme court under article 32 is mandatory and come under fundamental right.
            • The writs issued by the High court under Article 226 is discretionary and they can be denied for issuance as availability of alternative remedies.
        • Power of parliament for enacting laws to restrict the fundamental rights of persons related to – Armed forces, Telecommunication Department, etc. (Article- 33)
        • The fundamental rights of citizens living in martial areas can be restricted by parliamentary laws. (Article-34)
          • Note: These articles 33 and 34 are not direct executory, and are the only parliament that has the authority to make laws, which is not for the state legislature.
        • Legislation to give effect t the provisions of this part (article -35).

        Rights Available only for citizens of India 

        1. Article 15, Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
        2. Article 16, Equality of opportunity in matters of public employment
        3. Article 19, Protection of six rights regarding freedom of -(i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession.
        4. Article 29, Protection of language, script, and culture of minorities
        5. Article 30, Right of minorities to establish and administer educational institutions

        Fundamental rights available for both citizens and foreigners (except the enemy aliens)

        1. Article 14, Equality before the law and equal protection of laws
        2. Article 20, Protection in respect of conviction for offenses
        3. Article 21, Protection of life and personal liberty
        4. Article 21 A, Right to elementary education
        5. Article 22, Protection against the arrest and detention in certain cases
        6. Article 23, Prohibition of traffic in human beings and forced labor
        7. Article 24, Prohibition of employment of children in factories, etc.
        8. Article 25, Freedom of conscience and free profession, practice, and propagation of religion.
        9. Article 26, Freedom to manage religious affairs.
        10. Article 27, Freedom from payment of taxes for promotion of any religion
        11. Article 28, Freedom from attending religious instruction or worship in certain educational institutions

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