FUNDAMENTAL RIGHTS

 Present in Part III of the constitution.

 Total 24 articles under fundamental rights.
 Initially there were 7 fundamental rights but “right to property”(freedom
of holding, acquiring and disposing of property) was removed under 44th
amendment act.
 Consists of 6 fundamental rights which are mentioned below :-
1. RIGHT TO EQUALITY (ARTICLE 14 – 18 ARTICLE)
 ARTICLE 14: Equality before law
- This article highlights 2 things i.e. ‘equality before law’(everyone is equal
before law) and ‘equal protection of laws’ (everybody’s rights will be
protected by the law)
- Exception: Special quotes for trying cases can be established.
 ARTICLE 15: Prohibition of discrimination
- Discrimination cannot be done on the basis of caste, creed, colour, sex, etc.
- Exception: Positive discrimination can be done.
 ARTICLE 16: Equality of opportunity
- All citizen in matter related to appointment in any office under the state.
- No citizen can be discriminated on the basis of caste, creed, colour, sex,
etc. in employment under the state.
- Exception: The constitution does not debar the parliament from making
any laws favouring disadvantageous groups for employment or
appointment.
- Benkataraman v/s the state of madras: Highlighted that in the name of
backward classes of citizen seats cannot be reserved for various
communities and castes.
 ARTICLE 17: Abolition of untouchability
- The constitution has eradicated the veil practices of untouchability in India.
- Practicing it in any form is considered as an offense punishment under law.
 ARTICLE 18: Abolition of titles
- The constitution prohibits the state from conferring any titles except
honours for military or academic distinctions.
2. RIGHT TO FREEDOM (ARTICLE 19 – ARTICLE 22)
 ARTICLE 19: It has 6 rights mentioned -->
i. Freedom of speech and expression.
ii. Freedom of assembly.
iii. Freedom to form associations.
iv. Freedom of movement.
 v. Freedom to reside and settle.
vi. Freedom of profession, occupation, trade and business.
- Exception: The clauses from ii – vi provides several limitations, all
exercising these freedoms.
- Freedom of speech and expression is subjected to restrain in the interest of
sovereignty and integrity of India.
- Freedom of assembly is limited in two ways, assembly has to be peaceful
with no arms, and state can place reasonable restrictions on this.
- Likewise there are many other reasonable restrictions on other freedoms
too.
 ARTICLE 20: Protection against arbitrary conviction
- No person can be convicted of an offense except for the violation of law.
- No person can be subjected to a penalty greater than thr one which might
have been inflicted under the law.
- No person can be arrested and punished for the same offence for more
than once.
- No person accused of any offence can be forced to be a witness against
himself.
 ARTICLE 21: Protection of life and liberty
i. Right to live with human dignity.
ii. Right to privacy.
iii. Right to shelter.
iv. Right to know.
v. Right to legal aid.
vi. Right to travel abroad.
vii. Right against sexual harassment.
viii. Right to medical assistance and health care.
 ARTICLE 21A: Right to education of children and Right to privacy
- Children of ages 6 to 14 should get free and compulsory education.
- It was added by the 86th amendment act 2002.
 ARTICLE 22: Protection against arrest and detention
- It lays down that a person who is arrested and detained shall be:
o Informed of the ground of his arrest and shall have right to consult and
be defended by a lawyer(legal practitioner) of his choice.
o Presented before the nearest magistrate within a period of 24 hours of
his arrest.
- The above mentioned safeguards are not applied to:
o Any person who for the time being is an alien.
o Any person who is detained or arrested under any law for preventive
detention.
3. RIGHT AGAINST EXPLOITATION (ARTICLE 23 – ARTICLE 24)
 ARTICLE 23: Prohibition of traffic of human beings and forced labour.
 ARTICLE 24: Prohibition of employment of children.
4. RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 – ARTICLE 28)
 ARTICLE 25: Freedom of conscience and free profession, practice and
propagation of religion.
- Forcible conversion is prohibited in India.
- No state religion in India, all religions are equal.
 ARTICLE 26: Freedom to manage religious affairs
- To establish and maintain institutions for religious and charitable purposes.
- To manage its own affairs in matters of religion.
- To own and acquire movable and immovable property.
- To administer such property in accordance with law.
 ARTICLE 27: Freedom from paying taxes for promotion of any religion.
 ARTICLE 28: Freedom as to attend in religious functions.
- No educational institution can impart any religious instructions which is not
wholly maintained by state aids or trust.
- No person attending any educational institution can be forced to participate
in a religious worship that may be conducted in the institution.
5. CULTURAL AND EDUCATIONAL RIGHTS (ARTICLE 29 – ARTICLE 30)
 ARTICLE 29: Right to maintain language, script and culture.
 ARTICLE 30: Right to establish and administer educational institutions.
6. RIGHT TO PROPERTY (ARTICLE 31)
7. RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32)
- Has writs that include:-
i. The Habeas Corpus: provides remedy against wrongful detention of a
person, by it the court asks the victim to be presented in court and be
justified for the cause of his detention.
ii. The Mandamus: the court can order an inferior authority to do an act
which falls within its jurisdiction.
iii. The Prohibition: The court can prohibit an inferior authority from doing
an act which does not falls under its jurisdiction.
iv. The Quo Warranto: The court can restrain a person from acting in a
public office to which he is not entitled.
v. The Certiorari: The court can order an inferior authority to transfer the
matter to it or some other authority for its proper consideration.
 PROVISIONS FOR PREVENTIVE DETENTION :-
 i. Can only be affected when a requisite preventive detention act of the
parliament or state legislature is in existence.
ii. A person can be detained only on the grounds/acts listed in the preventive
detention act.
iii. The detained person has to be informed of the grounds of his arrest.
iv. When a person has to be detained for more than 3 months (initially 3
months) an advisory board has to be constituted to advice on the case.
 CRITICAL EVALUATION OF FUNDAMENTAL RIGHTS :-
 Excessive exceptions.
 Difficult language.
 Incorporation of preventive detention.
 Lack of social and economic rights.
 Deletion of right to property.
 Parliament can amend fundamental rights.
 Provision for suspension.
FUNDAMENTAL DUTIES

 Present in Part IVA of the constitution.

 Added by the 42nd amendment act.
 Article 51A was added which enumerated fundamental duties of the people of India.
 Fundamental duties :-
1. To abide by the constitution and respect its ideals and institutions, the national
flag and national anthem.
2. To cherish and follow the noble ideas which inspired our national struggle for freedom.
3. To uphold the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To value and preserve rich heritage of our composite culture.
6. To protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures.
7. To safeguard public property and abjure violence.
8. Duty of parents to provide education for children.

MOUNT CARMEL COLLEGE

MAHANAGAR, LUCKNOW
POLITICAL SCIENCE PROJECT
NAME: MAITRIE SEN RASTOGI
CLASS: XII SECTION: C
U.I.D.: 7779306
SESSION: 2024 – 2025
SUBJECT TEACHER: Mrs ANCY VARGHESE