Hello! Friends.
Today we are going to learn about the Fundamental Rights of Constitution of India.
Fundamental Rights
The Fundamental Rights has been mentioned in the part III of the Constitution of India and articles12-35 deals with it. The concept of Fundamental Rights has been borrowed from the Constitution of USA.
At the time of making of the there were 7 Fundamental Rights but after the 44thAmendment Act 1978 Right to Property was deleted from the Constitution.
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 (Deleted by 44th
Amendment Act 1978)
7. Right to Constitutional Remedies
[Dr. B.R. Ambedkar said- “It is the heart and soul of the Constitution.]
Nature of Fundamental Rights (Article 12-13)
12. Definition. -
In this Part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
13. Laws inconsistent with or in derogation of the fundamental rights-
(1) all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
- Right to Equality (Article 14-18)
14. Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them.
16. Equality of opportunity in matters of public employment
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
17. Abolition of Untouchability
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability rising out of "Untouchability" shall be an offence punishable in accordance with law.
18. Abolition of titles
(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
- Right to Freedom (Article 19-22)
19. Protection of certain rights regarding freedom of speech, etc.
All citizens shall have the right-
(a) To freedom of speech and expression;
(b) To assemble peaceably and without arms;
(c) To form associations or unions;
(d) To move freely throughout the territory of India.
20. Protection in respect of conviction for offences
No person shall be prosecuted and punished for the same offence more than once.
No person accused of any offence shall be compelled to be a witness against himself.
21. Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
21(A) Right to education
Every child has the Right to free and compulsory education of the age group 6-14 years.
22. Protection against arrest and detention in certain cases
Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours.
- Right against Exploitation (Article 23-24)
23. Prohibition of traffic in human beings and forced labour
Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
- Right to freedom of Religion (Article 25-28)
25. Freedom of conscience and free profession, practice and propagation of religion
Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
26. Freedom to manage religious affairs
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right-
To establish and maintain institutions for religious and charitable purposes.
27. Freedom as to payment of taxes for promotion of any particular religion
No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions
No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
- Cultural and Educational Rights (Article 29-30)
29. Protection of interests of minorities
(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
30. Right of minorities to establish and administer educational institutions
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
31. Right to Property
It has been deleted from the Constitution by the 44th Amendment Act 1978 and now it has been a legal right under article 300(A)
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