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
|
General
|
|
12
|
Definition
of State
|
13
|
Laws
inconsistent with or in derogation of the Fundamental
|
Right
to Equality
|
|
14
|
Equality
before law
|
15
|
Prohibition
of discrimination on grounds of religion, race, sex or place of birth
|
16
|
Equality
of opportunity in matters of public employment
|
17
|
Abolition
of Untouchability
|
18
|
Abolition
of titles
|
Right
to Freedom
|
|
19
|
Protection
of certain rights regarding freedom of speech, etc.
|
20
|
Protection
in respect of conviction for offences
|
21
|
Protection
of life and personal liberty
|
21 A
|
Right
to education
|
22
|
Protection
against arrest and detention in certain cases
|
Right
against Exploitation
|
|
23
|
Prohibition
of traffic in human beings and forced labour
|
24
|
Prohibition
of employment of children in factories, Etc.
|
Right
to Freedom of Religion
|
|
25
|
Freedom
of conscience and free profession, practice and propagation of religion
|
26
|
Freedom
to manage religious affairs
|
27
|
Freedom
as to payment of taxes for promotion of any particular religion
|
28
|
Freedom
as to attendance at religious instruction or religious worship in certain
educational institutions.
|
Cultural
and Educational Rights
|
|
29
|
Protection
of interests of minorities
|
30
|
Right
of minorities to establish and administer educational institutions
|
31
|
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
|
|
32
|
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.
|
33
|
Power
of Parliament to modify the rights conferred by this part in their
application to forces etc.
|
34
|
Restriction
on rights conferred by this part while martial law is in force in any area.
|
35
|
Legislation
to give effect to the provisions of this part
|
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