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SPEEDY Railway Book (English)

Polity Notes: Fundamentals Rights for SSC, IB, Railway

Polity Notes: Fundamentals Rights for SSC, IB, Railway

Fundamentals Rights of India

Important Bullet Points

  • This are enshrined in Part III of the Indian Constitution.
  • These were borrowed from the US constitution (Bill of Rights).
  • This is considered to be the Magna Carta of India.
  • According to Dr. B.R.Ambedkar “it is the most criticized part of the Constitution”.
  • The fundamental rights are justifiable.
  • In the original Constitution 7 Fundamental Rights are mentioned:
  • Right to Equality (14 – 18).
  • Right to Freedom (19 – 22).
  • Right to against Exploitation (23 – 24).
  • Right in Freedom of Religion ( 25 – 28).
  • Rights to property (31).
  • Right to Constitutional Remedies (32).
  • In the year 1978, through 44th Amendment Act Right to Property was deleted from the list of Fundamental Rights.
  • Now it is a legal right under Article 300 A in part XII of the Constitution. 
  • The number of Fundamental Rights is 6 in the present day Constitution. 
  • Except Fundamental Rights guaranteed under Article 20 and 21 remaining Fundamental Rights. 
  • The State can impose restrictions on Fundamental Rights. 
  • Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression and not on the grounds of armed rebellion.
  • Article 12 explains the State:
  • The Government and Parliament of India.
  • The Government and the State legislative.
  • All local authorities (municipalities, Panchayat Raj, District boards etc).
  • Other statutory and non statutory authorities (LIC, ONGC etc).
  • The actions of the State can be authorised in the Courts as the isolation of Fundamental Rights.
  • Article 13: All laws that are inconsistent with on in derogation of any of the Fundamental Rights shall be void.
  • This Article expressively provides for the doctrine of judicial review. This power is conferred to Supreme Court (Article 32) and High Courts (Article 226) that can declare a law unconstitutional and invalid on the grounds of contravention of any of Fundamental Rights.

Article Related to Fundamental Rights

Article No.
Subject Matter
Definition of State
Laws inconsistent with or in derogation of the Fundamental
Right to Equality
Equality before law
Prohibition of discrimination on grounds of religion, race, sex or place of birth
Equality of opportunity in matters of public employment
Abolition of Untouchability
Abolition of titles
Right to Freedom
Protection of certain rights regarding freedom of speech, etc.
Protection in respect of conviction for offences
Protection of life and personal liberty
21 A
Right to education
Protection against arrest and detention in certain cases
Right against Exploitation
Prohibition of traffic in human beings and forced labour
Prohibition of employment of children in factories, Etc.
Right to Freedom of Religion
Freedom of conscience and free profession, practice and propagation of religion
Freedom to manage religious affairs
Freedom as to payment of taxes for promotion of any particular religion
Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights
Protection of interests of minorities
Right of minorities to establish and administer educational institutions
Compulsory acquisition of property
Saving of Certain Laws
31 A
Savings of laws providing for acquisition of estates, etc.
31 B
Validation of certain Acts and Regulations
31 C
Saving of laws giving effect to certain directive principles
31 D
Saving of laws in respect of anti- national activities
Right to Constitutional Remedies
Remedies for enforcement of rights conferred by this part
32 A
Constitutional validity of state laws not to be considered i proceeding under Article 32.
Power of Parliament to modify the rights conferred by this part in their application to forces etc.
Restriction on rights conferred by this part while martial law is in force in any area.
Legislation to give effect to the provisions of this part
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