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Overview of Fundamental Rights in India

The document outlines the Fundamental Rights enshrined in the Indian Constitution, specifically Articles 12-35 in Part-III. It details the seven original rights, including the Right to Equality, Right to Freedom, and Right against Exploitation, among others, along with their respective articles. Additionally, it explains the Right to Constitutional Remedies and the powers of Parliament regarding these rights.

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0% found this document useful (0 votes)
17 views3 pages

Overview of Fundamental Rights in India

The document outlines the Fundamental Rights enshrined in the Indian Constitution, specifically Articles 12-35 in Part-III. It details the seven original rights, including the Right to Equality, Right to Freedom, and Right against Exploitation, among others, along with their respective articles. Additionally, it explains the Right to Constitutional Remedies and the powers of Parliament regarding these rights.

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Thinking Study
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© All Rights Reserved
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Quick Recap-Easy to Understand

CH: - 02 Rights in the Indian Constitution

 Fundamental Rights are guaranteed and protected by the


Constitution to all persons without any discrimination.
 Article 12-35, Part-III of Indian Constitution.
 Originally, Fundamental Rights were seven in numbers viz.
 Right to Equality
 Right to Freedom.
 Right against Exploitation
 Right to Freedom of Religion
 Cultural and Educational Rights
 Right to Property.
 Right to Constitutional Remedies.
1. Right to Equality (Article 14-18)
i. Article 14:- Equality before law and equal protection
of laws.
ii. Article 15:- Prohibition of discrimination on certain
grounds.
iii. Article 16:- Equality of opportunity in public
employment
iv. Article 17:- Abolition of Untouch -ability
v. Article 18:- Abolition of Titles
2. Right to Freedom:- Article 19-22
i. Article:- 19- The Right to Freedom guarantees to the
citizens of India six Fundamental Freedoms: 1)
Freedom of Speech and Expression, 2) Freedom of
Assembly, 3) Freedom to form associations, 4)
Freedom of Movement, 5) Freedom to reside and to
settle, and 6) Freedom of profession, occupation, trade,
or business.
ii. Article 20: Protection in respect of Conviction for
Offences
iii. Article 21: Protection of Life and Personal Liberty
iv. Article 21A:- Right to Education
v. Article 22:- Protection against arrest and detention.
3. Right Against Exploitation (Article 23-24):-
i. Article 23:- Prohibition of traffic in human beings and
forced labour.
ii. Article 24:- It prohibits the employment of children
below the age of 14.
4. Right to Freedom of Religion:- (25-28)
i. Article 25:- Freedom of conscience and right to freely
profess, practice and propagate religion.
ii. Article 26:- Freedom to Manage Religious Affairs.
iii. Article 27:- Freedom from taxation for promotion of a
religion.
iv. Article 28:- Freedom from attending religious
instruction.
5. Cultural and Educational Rights (29-30)
i. Article 29:- Protection of interests of minorities.
ii. Article 30:- Right of Minorities to Establish and
Administer Educational Institutions.
6. Right to Property: - (Article 31) 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-
300A in Part XII of the Constitution.
7. Right to Constitutional Remedies (Article 32) :-
i. Habeas Corpus:- It is one of the important writs for
personal liberty which says “You have the Body”. The
main purpose of this writ is to seek relief from the
unlawful detention of an individual.
ii. Mandamus:- Writ of Mandamus means “We
Command” in Latin. This writ is issued for the correct
performance of mandatory and purely ministerial
duties and is issued by a superior court to a lower
court or government officer.
iii. Quo-warranto:- Writ of Quo Warranto implies thereby
“By what means”. This writ is invoked in cases of
public offices and it is issued to restrain persons from
acting in public office to which he is not entitled to.
iv. Prohibition:- It is a writ directing a lower court to stop
doing something which the law prohibits it from doing.
Its main purpose is to prevent an inferior court from
exceeding its jurisdiction or from acting contrary to the
rules of Natural Justice.
v. Certiorari:- Writ of Certiorari means to be certified. It
is issued when there is a wrongful exercise of the
jurisdiction and the decision of the case is based on it.
The writ can be moved to higher courts like the High
Court or the Supreme Court by the affected parties.
8. Article 33:- Article 33 empowers Parliament to modify the
application of Fundamental Rights to the armed forces or
forces charged with the maintenance of public order.
9. Article 34:- Restriction on Rights conferred by this Part
while martial law is in force in any area.
10. Article 35:- Article 35 lays down that the power to make
laws to give effect to certain specified Fundamental Rights
shall vest only with the Parliament and not with State
Legislatures.

Common questions

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Habeas Corpus and Certiorari serve different purposes within the context of the Right to Constitutional Remedies. Habeas Corpus, meaning 'You have the body,' is primarily directed towards safeguarding individual freedom by ordering the release of someone unlawfully detained. Its main focus is on personal liberty and securing a person's release from custody . In contrast, Certiorari, meaning 'to be certified,' is concerned with judicial review. It is issued to quash the orders of inferior courts that have overstepped their jurisdiction or have failed to adhere to natural justice principles. While Habeas Corpus addresses unlawful imprisonment, Certiorari ensures legal correctness in judicial decisions .

The writ of Quo-Warranto is grounded in the legal principle of ensuring that only individuals who are legally entitled to an office occupy it. It prevents unlawful occupation of public offices, acting as a check against individuals who assume office without legal authority. By questioning "by what warrant" a person holds a public office, this writ serves as a vital mechanism for public accountability and governance. It protects public offices from being compromised by unauthorized personas, ensuring the legitimacy and integrity of positions within the administrative framework .

Article 33 of the Indian Constitution grants Parliament the authority to restrict or abrogate the application of fundamental rights to the armed forces or forces responsible for maintaining public order. This provision ensures that the discipline and readiness required in military contexts are maintained, acknowledging the unique operational needs and duties of the forces. The rationale is to prevent impediments to the effective discharge of military duties while ensuring national security and discipline are paramount concerns. Although this may limit certain rights of individuals within these forces, it is justified by the necessity to maintain operational efficacy and hierarchical command structures in national defense .

The Right to Freedom of Religion (Articles 25-28) and Cultural and Educational Rights (Articles 29-30) together form a robust framework for protecting minority interests in India. Article 25 offers the freedom of conscience and allows people to practice and propagate their religion, thereby safeguarding religious diversity. Articles 26 to 28 support this by allowing religious communities to manage their affairs and prohibiting state-sponsored religious instruction, ensuring secular policy at public educational institutions . Complementing these, Article 29 ensures cultural preservation by protecting the interests of communities with distinct language, script, or culture. Article 30 further empowers minorities by granting them rights to establish and administer educational institutions, promoting educational autonomy and cultural continuity . Together, these rights facilitate an environment where minority communities can thrive without fear of cultural or religious oppression .

Article 35 designates the Parliament as the sole authority to legislate on matters necessary to give effect to specific fundamental rights. This article ensures uniformity in the application of laws across the country by centralizing legislative competence, which avoids disparity that might arise if individual states enacted their laws affecting fundamental rights. By vesting exclusive legislative powers in Parliament, this provision also underpins the universality and indivisibility of fundamental rights, which are essential for maintaining national cohesiveness and protecting citizens' rights uniformly across all states .

The Right to Equality under Articles 14-18 ensures equal treatment through several key provisions. Article 14 guarantees equality before the law and equal protection of the laws to all individuals, which prevents arbitrary discrimination by the state. Article 15 explicitly prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, ensuring that citizens are treated equally. Article 16 ensures equality of opportunity in public employment, promoting meritocracy and fairness. Article 17 abolishes 'untouchability' and forbids it in any form, thus addressing historical social injustices. Article 18 abolishes titles, thereby discouraging class distinctions rooted in titular hierarchy. These provisions collectively embed the principles of equality and non-discrimination in the legal framework of India .

The Right against Exploitation, articulated in Articles 23 and 24, addresses specific forms of exploitation. Article 23 prohibits human trafficking and forced labor, articulating a commitment to human dignity and preventing coerced servitude. Article 24, on the other hand, specifically prohibits the employment of children under 14 years in hazardous industries. While these articles set comprehensive prohibitions, their implementation faces challenges due to socio-economic factors and enforcement gaps. Although the constitutional provisions are clear, practical enforcement requires complementary legislative measures and robust monitoring systems to address exploitation effectively .

Article 21 guarantees the protection of life and personal liberty, stating that no individual shall be deprived of life or personal liberty except according to the procedure established by law. This provision is essential as it serves as an overarching safeguard of human dignity, ensuring that any deprivation of liberty is legally justified. In complement, Article 21A mandates the state to provide free and compulsory education to children aged 6 to 14 years, fundamental for securing individuals' future and empowering citizens through education. Both articles collectively highlight India’s commitment to uphold the basic human rights of life, liberty, and education as cornerstones for a democratic society .

Article 20 provides critical protections to individuals in the context of criminal law procedures. It ensures immunity against double jeopardy by stipulating that no person shall be prosecuted and punished for the same offense more than once. Additionally, it prohibits self-incrimination, ensuring individuals are not compelled to testify against themselves during criminal proceedings. Article 20 also bars retroactive penal legislation by prohibiting the conviction of persons under laws enacted after the commission of the act in question. These safeguards are vital for maintaining justice, preventing abuse of state power, and protecting the accused's dignity and rights within the criminal justice system .

The Right to Property was originally a Fundamental Right under Article 31 of the Indian Constitution. However, it was removed from the list of Fundamental Rights by the 44th Amendment in 1978, and it was made a constitutional legal right under Article 300A in Part XII. This shift meant that while the Right to Property remained protected by law, its violation is no longer directly addressed by the Supreme Court as a constitutional infringement, reflecting the state's ability to prioritize public welfare over individual property rights .

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