From USA
•Justiciable
•Guarenteed Rights
•Fundamental to the Human
Existence
1. Right to Equality (Articles 14–18)
2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to freedom of Religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32)
Article 12
Definition of State
Article 13
Laws inconsistent with
Fundamental Rights
•Inconsistent or in derogation
•Null and Void
•Judicial review
Article 14:
•Equality Before Law
•Equal Protection of Law
Article 15
Prohibition of
Discrimination on Certain
Ground
•religion, race, caste, sex or place of birth
•access to shops, public restaurants, hotels
and places of public entertainment; the use of
wells, tanks, bathing ghats, road and places of
public resort
ARTICLE 16
Equality of Opportunity in Public
Employment
•on grounds of only religion, race,
caste, sex, descent, place of birth or
residence
ARTICLE 17
Abolition of Untouchability
•abolishes ‘untouchability’ and forbids
its practice in any form
•an offence punishable in accordance
with law
Article 18
Abolition of Titles
•except a military or academic
distinction
Article 19
•Protection of Six Rights
Freedom of Speech and Expression
Express views, opinions, belief and
convictions freely by word of mouth,
writing, printing, picturing or in any
other manner
Freedom of Assembly
•to assemble peaceably without
arms
•Reasonable restrictions -
sovereignty and integrity of India
and public order
Freedom of Association
All citizens have the right to form
associations or unions or
cooperative societies
•sovereignty and integrity of
India, public order and morality
Freedom of Movement
•every citizen to move freely throughout
the territory of the country
•interests of general public and the
protection of interests of any scheduled
tribe
Freedom of Residence
•Every citizen has the right to reside and settle
in any part of the territory of the country
•the interest of general public and the protection
of interests of any scheduled tribes
Freedom of Profession
•Right to practise any profession or
to carry on any occupation, trade or
business
•reasonable restrictions: immoral
(trafficking in women or children)
or dangerous (harmful drugs or
explosives, etc,).
Article 20
Protection against arbitrary and excessive
punishment to an accused person
No ex-post-facto law
No double jeopardy
No self-incrimination
ARTICLE 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
Article 22
Grants protection to persons
who are arrested or detained
•punitive and preventive
ARTICLE 21 A
State shall provide free and
compulsory education to all
children of the age of six to
fourteen years in such a
manner as the State may
determine
Article 23
Prohibition of Traffic in Human Beings and Forced
Labour
Traffic in human beings, begar (forced
labour) and other similar forms of forced
labour.
Punishable offence in accordance with
law
Article 24
Prohibition of Employment of Children in
Factories, etc.
Article 24 prohibits the employment of
children below the age of 14 years in any factory,
mine or other hazardous activities like
construction work or railway.
But it does not prohibit their employment in
any harmless or innocent work.
Article 25
Freedom of Conscience and Free
Profession, Practice and Propagation of
Religion
Public order, morality, health and other provisions
relating to fundamental rights
Article 26
Freedom to Manage Religious Affairs
(a)Right to establish and maintain institutions for religious
and charitable purposes;
(b) Right to manage its own affairs in matters of religion;
(c) Right to own and acquire movable and immovable
property; and
(d) Right to administer such property in accordance with
law
Article 27
Freedom from Taxation for Promotion
of a Religion
This provision prohibits only levy of a
tax and not a fee.
Article 28
Freedom from Attending Religious Instruction
(a)Institutions wholly maintained by the State.
(b) Institutions administered by the State but
established under any endowment or trust.
(c) Institutions recognised by the State.
(d) Institutions receiving aid from the State
Cultural and Educational Rights
Article 29
Any section of the citizens …having a
distinct language, script or culture of its
own, shall have the right to conserve the
same
Religious minorities and
linguistic minorities
Article 30
Right of Minorities to Establish and
Administer Educational Institutions
•the right to get the Fundamental Rights
protected is in itself a fundamental right
Habeas Corpus
to have the body of
It is an order issued by the court to a person
who has detained another person, to
produce the body of the latter before it
Mandamus
we command
It is a command issued by the court to a
public official asking him to perform his
official duties that he has failed or refused to
perform
Prohibition
to forbid
It is issued by a higher court to a lower
court or tribunal to prevent the latter from
exceeding its jurisdiction or usurping a
jurisdiction that it does not possess
Certiorari
to be certified’ or ‘to be informed
It is issued by a higher court to a lower
court or tribunal either to transfer a case
pending with the latter to itself or to
squash the order of the latter in a case
Quo-Warranto
by what authority or warrant
It is issued by the court to enquire into
the legality of claim of a person to a
public office
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