Fundamental Rights Of Indian Constitution

Fundamental Rights Of Indian Constitution – In most of the countries of the world today, democratic governance has been introduced. The main objective of democratic governance is to maximize the development of the personality of the citizens. An environment of freedom is needed for the development of personality. This environment of freedom is created by the combination of different necessary rights. So it is said that freedom is the fruit of rights. For this reason, in a democratic state, some necessary rights are recognized and protected for the development of personality.

What is Fundamental Rights?

The basic human rights that are granted to all the people of a country without any discrimination are called fundamental rights.

Summary of Fundamental Rights:


(1) Fundamental rights are enshrined in Article 12-35 of the Constitution of India (Part 3 of Indian Constitution).
(2) Part-III is called the “Magna Carta” of the Indian Constitution. This part of the Indian Constitution has been inspired by the US Constitution.
(3) Fundamental rights are justiciable by the court, that is, if a person thinks that his fundamental rights have been violated, he can approach the Supreme Court (Article 32) or the High Court (Article 226).
(4) Fundamental rights are not permanent or absolute, the rights of Parliament may be restricted or curtailed or removed to some extent by amending the Constitution. Such an amendment, however, cannot hurt the Basic Structure of the Constitution.
(5) These fundamental rights may be suspended during a state of national emergency. (All except 20 and 21 number articles), Article-19 can be suspended only in case of external aggression. Cannot be done in Internal Emergency.

How Many Fundamental Rights:


At the beginning of the constitution 7 fundamental rights were mentioned, but by amending the constitution “Right to property” was abolished. There are currently six fundamental rights.

List of Fundamental Rights – 6 fundamental rights are

(i) Right to Equality Article 14-18).
(ii) Right to Freedom (Article 19-22).
(iii) Right against Exploitation (Articles 23-24).
(iv) Right to Freedom of Religion (Articles 25-28).
(v) Rights to minorities (cultural and educational rights). (Articles 29-30).
(vi) Right to Constitutional Remedies (Articles 32-35).

 

” In 1974, the 44th Amendment to the Constitution removed the “Right to property” from the list of fundamentals rights and gave it the status of a Legal Rights under Section 300-A, and included it in Part-XII.”

Classification of Fundamental Rights

Information about Fundamental Rights are

(1) Right to Equality (Art. 14-18)

Right to Equality

Article 14 – Equality before the law and Equal Protection of Law:- No person within Indian territory shall be deprived of the right to equality in the eyes of state law or to be equally protected by law. In this case, Person means a statutory corporation or company, etc.

Exceptions to Article 14 – Article 14 is not absolute, it has some exceptions – for example – let me tell you, the president and the governor enjoy some special immunity (according to Article 361).

(a) The President or the Governors are not obliged to be accountable to the court for discharging their duties and powers.
(b) No criminal proceedings or court proceedings may be instituted against any Governor or President during the Term.
(c) Arrest activities cannot be initiated against the President or Governors during their tenure.
(d) No civil action can be initiated against them in the court without prior notice of two months.

Article 15 – Prohibition of special discrimination in certain cases: – The state will prohibit any form of discrimination irrespective of race, religion, caste, sex or place of birth.

There are exceptions to Article 15 in only 3 cases.

(1) The state can take special measures for women and children.
(2) The State may take special measures for SC / STs.
(3) The state may take special facilities for the betterment of the socially and educationally backward citizens.

Article 16 – Equality of Opportunity in Government Recruitment: –


(1) All shall be given equal opportunity in the case of appointment or employment in any department under the State.
(2) In some cases, Parliament may place accommodation as a condition for appointment. It can also make reservations for the underprivileged.

Article 17 – Rights against untouchability: –

(1) Any kind of untouchability is prohibited. There is no definition of untouchability in the constitution.
(2) A person accused of observing untouchability shall not be allowed to contest in the elections of Parliament or State-Legislative Assembly.

Article 18 – Title Prohibition: –In this case, 4 Provisions have been made to prohibit the use of the title.

(1) In some cases, the state may not award any title to its citizens or foreigners without military and educational achievements.
(2) Indian citizens have been barred from accepting the title of a foreign state.
(3) No foreign person holding any trust or any lucrative position under the State may accept the title from another country without the consent of the President.
(4) No citizen or foreign person holding any trust or any lucrative position under the State shall receive any allowance or position from any other country without the consent of the President.

Although Article 18 prohibits the use of inherited titles, it does not prohibit the use of Padma Shri, Bharat Ratna, etc. honors.

(2) Right to Freedom (Article 19-22)/Freedom Rights in India

Right to Freedom
Right to Freedom

Article 19 Article 19 of the Indian Constitution confers 6 types of freedom:-

(a) the right to freedom of speech and expression; (This includes freedom of the press).
(b) The right to assemble peacefully and unarmed.
(c) The right to form associations or societies. (This gives the right not to join any association or association)
(d) The right to travel throughout India.
(e) The right to live independently in any part of India.
(f) The right to trade in any profession, profession or business.

Article 20 – Protection from conviction and punishment:-Protection of citizens (citizens, foreigners, etc.) from any arbitrary and Excessive Punishment is provided in the following sections:

(a) Ex-Post-facto is not law – a person should be punished for breaking the law only in accordance with the prevailing law.
(b) No person shall be punished more than once for the same offenses. (No double jeopardy)
(c) The accused person cannot be compelled to testify in court against himself. (No Self-incrimination)

Article 21 Right to life and personal liberty: –No person shall be deprived of his life or personal liberty in any manner other than by law.

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(a) This right may be enjoyed by both citizens and non-citizens.

Article 21A – Right to Education: –

(a) Article 21A was added in 2002 by the 86th Amendment to the Constitution. Initially this part was mentioned in Article-45 of Part IV of the Constitution. The article states, “The state will provide free and compulsory education for every child between the ages of 6-14.
(b) Parliament enacted the Right to Free and Compulsory Education Act, 2009.
(c) By this Act only primary education (first class to eighth class) is made compulsory, not higher education.

Article 22 – Protection from arrest or detention: – Protection from arrest or detention has been provided in the following cases.

(i) No person may be arrested or detained without showing or giving reasonable reasons.
(ii) The detainee must be produced in the court of the nearest magistrate within 24 hours of the arrest. (Travel time and holidays will not be considered.)
(iii) The person may not be detained for extra time without the order of the concerned Magistrate.
(iv) The detainee may not be deprived of the opportunity to defend himself through counsel.
(v) The 44th Amendment to the Constitution reduces the period of preventive detention (without taking into account the views of advisers) to two months. These protections will not apply to persons held hostage by the Prevention of Detention Act against hostile foreigners.

(3) Right against Exploitation (Articles 23-24) Right to Exploitation

Article 23 – Prohibition of human trafficking and forced labor: –

(i) In this article, people have been traded, that is, people have been bought and sold, forced to work or forced to work – etc.

Article 24 – Children may not be engaged in factory or extra hazardous work: –

(i) This article prohibits the employment of children under the age of 14 in mining, factories, and other hazardous work such as construction work, railway construction, etc.

(4) Right to Freedom of Religion (Articles 25-28)

Right to Freedom of Religion
Right to Freedom of Religion

Article 25 – Freedom of conscience and religion, freedom of religion and freedom of religion: –

(i) In this article, every person has been given the freedom to practice his or her own religious beliefs and practices.
(ii) This right applies to both citizens and foreigners.

Article 26 – Freedom to conduct religious functions: –The following rights of each religious community are present.

(i) establishment and maintenance of organizations for the purpose of religion or charity;
(ii) be able to conduct his own religious activities on his own.
(iii) Acquisition and enjoyment of movable and immovable property.
(iv) To manage this property in accordance with the law.

Article 25 gives freedom of religion to every person and Article 26 gives rights to religious communities.

Article 27 – Taxes cannot be levied for the purpose of propagating religion: –

According to Article 27, no person shall be compelled to pay any form of tax for the promotion or maintenance of any particular religion or religious community. However, this section only prohibits the collection of taxes, nor does it prohibit the imposition of any scholarships or grants.

Article 28 – Prohibit the teaching of religion in educational institutions: –

No religious education may be given in educational institutions run entirely or in part by government funds.

(5) Rights to minorities (cultural and educational rights). (Articles 29-30)

Article 29 – Protecting the interests of minorities: –

(i) Article 29 states that citizens living in any part of India enjoy the right to preserve their own specific language, script and culture.
(ii) This section provides protection to both religious and linguistic minorities.

Article 30 – Giving Minorities the Right to Establish and Operate Educational Institutions: –

  1. Section 30 gives certain rights to both religious and linguistic minorities.
    • The right of every minority to establish and run its own educational institution.
    • When granting financial assistance, the state may not deprive any minority-run educational institution.
  2. Section 30 gives a minority the right to educate its children in its own language.

Article 31 of Indian Constitution-44 was repealed in 1978 by the Amendment to the Constitution.

(6) Right to Constitutional Remedies (Articles 32-35)

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Article 32 – Constitutional Rights to Compensation: –

(1) This is the right by which the Indian fundamental rights can be violated and the Supreme Court can be approached.
(2) Article 32 protection of fundamental rights has been ensured.
(3) Dr. BR Ambedkar has informed Article 32 as “Soul Of The Constitution and Very Heart of it”. The Supreme Court has included Article 32 in the basic structure of the Constitution. This section cannot be suspended except in certain areas of the Constitution. As per Article 359, this section can be suspended but cannot be waived. (In case of national emergency)
(4) The Supreme Court may protect fundamental rights in India by issuing Section 32 and Writ under Section 226.
(5) The provision for issuing Writ is taken from the British Constitution.

Article 33 – Parliament has been given the power to impose restrictions on the fundamental rights of members of the armed forces, paramilitary forces, police, intelligence agencies and equivalent forces.

Article 34 – During the rule of the military in a region, various restrictions are imposed on fundamental rights India.

Article 35 – The power to legislate for the enforcement of certain fundamental rights is vested only in the Parliament, not in the State Legislatures. Through this, citizens across the country can enjoy their basic rights equally (Constitutional rights in India).

Article 35A –
(1) It was incorporated in the Constitution in 1954 by order of the President.
(2) It is designed to protect the rights of the “Son Of The Soul”.
(3) It gives additional benefits and rights to the permanent residents of Jammu and Kashmir.

Types of Fundamental Rights details are discussed through fundamental rights articles. (About fundamental rights/fundamental rights in detail)

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Some Questions And Answer

Q. How Many Fundamental Rights are There?

Ans. Number of Fundamental Rights 6.

Q. What is the importance of fundamental rights?

Ans. The basic human rights that are granted to all the people of a country without any discrimination are called fundamental rights

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