FUNDAMENTALRIGHTS

FUNDAMENTALRIGHTSOF THE

INDIANCONSTITUTION

TEAM MEMBERS

SAIFULLA

SANJAN

SACHIN

FUNDAMENTAL RIGHTS

THE FUNDAMENTAL RIGHTS ARE DEFINED AS A BASIC HUMAN RIGHTS OF ALL THE CITIZENS THE CONSTITUTION OF INDIA GUARANTEED ELABORATE FUNDAMENTAL RIGHTS TO ITS CITIZEN IN PART 3 OF THE CONSTITUTION. SO IT IS VERY ESSENTIAL FOR AN INDIVIDUAL FOR HIS ALL ROUND DEVELOPMENT

IMPORTANCE OFFUNDAMENTAL RIGHTS

1>Fundamental rights protect the rights & liberties of the people against arbitary power

2>They are very essential for the growth of the individual personality & to achieve the welfare of the people

3> They establish a government of law & not of a man

4>They give self confidence to the people by providing equal opportunities & protection from the law

5>They impose negative obligation on the government not to encroach or individual liberty

SEVEN FUNDAMENTAL RIGHTS WERE ORIGINALLY PROVIDED BY THE CONSTITUTION . RIGHT TO EQUALITY , RIGHT AGAINST EXPLOITATION , RIGHT TO CULTURAL & EDUCATIONAL , RIGHT TO CONSTITUTIONAL REMEDIES , RIGHT TO FREEDOM , RIGHT TO FREEDOM OF RELIGION & RIGHT TO PROPERTY HOWEVER THE RIGHT TO PROPERTY WAS REMOVED FROM PART 3 OF THE CONSTITUTION BY THE 44TH AMENDMENT IN 1978

RIGHT TO EQUALITY RIGHT TO EQUALITY MEANS THAT ALL THE CITIZENS ARE EQUAL TO IN THE EYE OF THE LAW EQUALITY BEFORE LAW

ARTICLE 14 OF THE INDIAN CONSTITUTION GUARANTEES THAT ALL CITIZENS SHALL BE PROTECTED BY THE LAW OF THE COUNTRY

SOCIAL EQUALITY & EQUAL ACCESS TO PUBLIC AREAS

ARTICLE 15 OF THE INDIAN CONSTITUTION STATES THAT NO PERSON SHALL BE DISCRIMINATED ON THE BASIS OF CASTE , COLOUR , LANGUAGE , ETC. EVERY PERSON SHALL HAVE EQUAL ACCESS TO PUBLIC PLACES LIKE PUBLIC PARKS , MUSEUMS , WELLS , TEMPLES , ETC. HOWEVER THE STATE CAN MAKE ANY SPECIAL PROVISION FOR WOMEN & CHILDREN

EQUAL IN MATTERS OF PUBLIC EMPLOYMENT

ARTICLE 16 OF THE CONSTITUTION LAYS DOWN THE STATE CANNOT DISCRIMINATE ANYONE IN THE MATTERS OF EMPLOYMENT . ALL CITIZENS CAN APPLY FOR GOVERNMENT JOBS.

ABOLITION OF UNTOUCHABILITY

ARTICLE 17 OF THE CONSTITUTION ABOLISHES THE PRACTISES OF UNTOUCHABILITY. PRACTISE OF UNTOUCHABILITY IS AN OFFENCE & ANYONE DOING SO IS PUNISHABLE BY LAW.

THE CONSTITUTION OF INDIA CONTAINS THE RIGHT TO FREEDOM GIVEN IN ARTCLE 19 , 20 , 21 & 22 WITH THE VIEW OF GUARANTEEING INDIVIDUAL RIGHTS THAT WERE CONSIDERED VITAL BY THE FRAMERS OF THE CONSTITUTION . THE RIGHT TO FREEDOM IN ARTICLE 19 GUARANTEES THE FOLLOWING FREEDOM * FREEDOM OF SPEECH & EXPRESSION * FREEDOM TO ASSEMBLE PEACEFULLY WITHOUT ARMS * FREEDOM TO FORM ASSOCIATION / UNIONS * FREEDOM TO MOVE FREELY THROUGHOUT THE GEOGRAPHICAL BOUNDARY OF THE COUNTRY * FREEDOM TO RESIDE & RESETTLE IN ANY PARTS OF THE TERRITARY OF INDIA

RIGHT TO FREEDOM IS THE MOST IMPORTANT OF ALL RIGHTS. FREEDOM RIGHTS IS KNOWN AS THE SOUL OF FUNDAMENTAL RIGHTS. ALL THE 6 RIGHTS OF FREEDOM IS ALSO IMPORTANT. FREEDOMS TO FORM ASSOCIATION , FREEDOM OF MOVEMENT , FREEDOM OF PROFESSION ARE THE CERTAIN RIGHTS THAT GIVE MEANING TO DIFFERENT ASPECT OF PERSONALITY OF INDIVIDUAL

FREEDOM OF SPEECH & EXPRESSION IT ENABLES AN INDIVIDUAL TO PARTICIPATE IN PUBLIC ACTIVITIES

FREEDOM TO ASSEMBLE PEACEFULLY WITHOUT ARMS AN INDIAN CITIZEN CAN MOVE FREELY FROM ONE STATE TO ANOTHER STATE & ANYWHERE WITHIN A STATE. A PERSON FREE TO MOVE FROM ANY POINT TO ANY POINT WITHIN THE COUNTRY’S TERRITORY. THERE ARE CERTAIN EXEPTIONS SUCH AS SCHEDULED TRIBES ARES & ARMY AREAS.

FREEDOM OF RESIDENCE AN INDIAN CITIZEN IS FREE TO RESIDE IN ANY STATE EXEPT JAMMU KASHMIR. AGAIN THIS SUBJECT IS TO CERTAIN RESTRICTION

FREEDOM OF TRADE & OCCUPATION / PROFESSION

THE CONSTITUTION OF INDIA GUARANTEES EACH OF ITS CITIZENS TO DO TRADE OCCUPATION / BUSINESS ANYWHERE IN THE GEOGRAPHICAL BOUNDARY OF THE COUNTRY

RELIGION FREEDOM

FREEDOM OF RELIGION IN INDIA IS A FUNDAMENTAL RIGHTS GUARANTEED BY THE COUNTRY’S CONSTITUTION. MODERN INDIA CAME INTO EXISTENCE IN 1947 AS A SECULAR NATION & THE INDIAN CONSTITUTION PREAMBLE STATES THAT THE INDIA IS A SECULAR STATE . EVERY CITIZEN OF INDIA HAS A RIGHT TO PROMOTE , PRACTISE THEIR RELIGION PEACEFULLY. ACCORDING TO THE CONSTITUTION ALL RELIGION ARE EQUAL BEFORE THE STATE & NO RELIGION SHALL BE GIVEN PREFERENCE OVER THE OTHER . CITIZENS ARE FREE TO PREACH , PRACTISE , & PROPAGATE ANY RELIGION OF THEIR CHOICE THE OBJECTIVES OF THIS RIGHT IS TO SUSTAIN THE PRINCIPLE OF SECULARISAM IN INDIA. IN SECULAR STATE THE STATE IS ONLY CONCERNED WITH THE RELATION BETWEEN MAN & MAN , BUT NOT WITH RELATION OF MAN WITH GOD

INDIA HAS A HINDU PRESIDENT PRANAB MUKHERGEE ,MUSLIM VICE PRESIDENT M.HAMID ANSARI , A SIKH PRIME MINISTER MANAMOHAN SINGH & AN ATHEIST DEFENCE MINISTER A.K ANTONY. THE LEADER OF THE LARGEST PARTY ‘THE INDIAN NATIONAL CONGRESS’ SONIA GANDHI IS AN CATHOLIC CHRISTIAN WHILE THE LEADER OF THE OPPOSITION IS SUSHMA SWARAJ A HINDU. INDIA’S EX-PRESIDENT A.P.J ABDUL KALAM WAS A MUSLIM OUT OF THE 12 PRESIDENT OF INDIA SINCE INDEPENDENCE 3 HAVE BEEN MUSLIM & ONE SIKH. INDIA HAD A PROMINENT FORMER DEFENCE MINISTER GEORGE FERNANDES A CHRISTIAN. INDIAS AIR FORCE CHIEF , FALI .H.MAJOR WAS A ZORASTRIAN

ALL THE CITIZENS ENJOY THE FOLLOWING RELIGION EQUALLY

1> EACH CITIZENS CAN HAVE FAITH IN ANY RELIGION OF HIS OWN HE CAN PROPOSE & PREACH HIS RELIGION ( ARTICLE 25)

2> ALL THE RELIGIOUS DONOMINATIONS CAN ENJOY THE FREEDOM TO ESTABLISH & MAINTAIN INSTITUTION FOR RELIGIOUS & CHARITABLE PURPOSES. BUT SUCH INSTITUTION CANNOT FORCE TO TAKE PART IN THE RELIGIOUS ACTIVITIES(ARTICLE 26)

3>ALL THE RELIGIOUS INSTITUTIONS SHOULD FUNCTIONED ACCORDING TO THE LAW

4>AS STATE CAN RUN INSTITUTIONS CANNOT IMPART EDUCATION THAT IS PRO-RELIGION.

INDIA, BEING A DIVERSE COUNTRY WITH A MYRIAD OF ETHNIC BACKGROUNDS, RELIGIOUS INFLUENCE AND VARIED SUB-CULTURES, ALSO HAVE MINORITY GROUPS. ARTICLES 29 TO 30 OF THE INDIAN CONSTITUTION EFFECTIVELY AIM TO ERADICATE THIS PROBLEM BY MAKING A PROVISION IN THE ARTICLE KNOWN AS ‘RIGHT TO CULTURAL AND EDUCATIONAL RIGHTS OF MINORITY GROUPS’. 

AS INDIA IS A COUNTRY OF MANY LANGUAGES, RELIGIONS, AND CULTURES, THE CONSTITUTION PROVIDES SPECIAL MEASURES, IN ARTICLES 29 AND 30, TO PROTECT THE RIGHTS OF THE MINORITIES.

THE CULTURAL AND EDUCATIONAL RIGHTS IS ONE OF THE SIX FUNDAMENTAL RIGHTS THAT HAVE BEEN GRANTED TO US IN THE INDIAN CONSTITUTION. THIS RIGHT ALLOWS EVERY CITIZEN OF INDIA TO HAVE A CULTURAL AND EDUCATION UP TO WHERE THAT PERSON WANTS.

THIS FUNDAMENTAL RIGHT IS DESCRIBED IN THE CONSTITUTION AS:

* ANY SECTION OF THE CITIZENS RESIDING IN THE TERRITORY OF INDIA OR ANY PART THERE OF HAVING A DISTINCT LANGUAGE, SCRIPT OR CULTURE OF ITS OWN SHALL HAVE THE RIGHT TO CONSERVE THE SAME. 

* NO CITIZEN SHALL BE DENIED ADMISSION INTO ANY EDUCATIONAL INSTITUTION MAINTAINED BY THE STATE OR RECEIVING AID OUT OF STATE FUNDS ON GROUNDS ONLY OF RELIGION, RACE, CASTE, LANGUAGE OR ANY OF THEM.

* ALL MINORITIES, WHETHER BASED ON RELIGION OR LANGUAGE, SHALL HAVE THE RIGHT TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS OF THEIR CHOICE.

* IN MAKING ANY LAW PROVIDING FOR THE COMPULSORY ACQUISITION OF ANY PROPERTY OF ANY EDUCATIONAL INSTITUTION ESTABLISHED AND ADMINISTERED BY A MINORITY, REFERRED TO IN CLAUSE (1), THE STATE SHALL ENSURE THAT THE AMOUNT FIXED BY OR DETERMINED UNDER SUCH LAW FOR THE ACQUISITION OF SUCH PROPERTY IS SUCH AS WOULD NOT RESTRICT OR ABROGATE THE RIGHT GUARANTEED UNDER THAT CLAUSE

THIS RIGHT SEEKS TO PROTECTION THE WEAKER SECTION AGAINST EXPLOITATION & TO CHECK THE UTILIZATION OF PERSON FOR ONCE SELFISH ENDS EVEN BY THE STATE & UNPRINCIPLED PERSONS.• FORCED & BOUNDED LABOUR WAS FREQUENTLY PRACTISED EARLIER.•PEOPLE WERE MADE TO WORK WITH REMUNERATION BY LANDLORD.UNDER THE RIGHTS AGAINST EXPLOITATION BEGGAR IS NOW DECLARED A CLAIMED ARTICLE 23 & ARTICLE 24 PROHIBIT THE EMPLOYMENT OF CHILDREN BELOW THE AGE OF 14 YEARS IN HAZARDOUS INDUSTRIES & MINES.•IT LEGALY PROHIBITS THE EXPLOITATION OF AGRICULTURE & OTHER LABOUR•IT PUTS AN END TO THE CUSTOM DEVADASIS.•IT BANS THE SALE & PURCHASE OF WOMEN & CHILDREN•TRAFFICKING IN HUMAN FOR THE PURPOSE OF SLAVE TRADE IS ALSO PROHIBITED BY LAW

RIGHT TO CONSTITUTIONAL REMEDIES WAS REGARDED AS HEART AND SOUL OF OUR CONSTITUTION BECAUSETHIS 'RIGHT ' MAKES OTHER 'RIGHTS ' EFFECTIVE. IF SOMETIMES OUR RIGHTS ARE VIOLATED BY FELLOWCITIZENS, PRIVATE BODIES OR BY THE GOVERNMENT, WE CAN SEEK REMEDY THROUGH COURTS. IF IT IS AFUNDAMENTAL RIGHT WE CAN DIRECTLY APPROACH THE SUPREME COURT OR THE HIGH COURT OF A STATE.THAT IS WHY DR. AMBEDKAR CALLED IT "THE HEART AND SOUL" OF OUR CONSTITUTION.

Right to constitutional remedies is very special rights

1> IF THE CITIZENS CAN VIOLATED THE FUNDAMENTAL RIGHTS HE CAN APPROACH A COURT OF LAW & CAN RESTORE2>IN CASE OF IMPRISONMENT , THE CITIZENS CAN ASK THE COURT TO SEE IF ITS ACCORDING TO THE PROVISION OF LAW OF THE COUNTRY3>IF THE COURT IS SATISFIED THAT HIS ARREST IS UNLAWFUL , THE PERSON IS FREED.4> THE COURT CAN ISSUE DIFFERENT WRITS TO PROTECT CITIZEN RIGHT. THE SUPREME COURT & HIGH COURT CAN ISSUE THE FOLLOWING WRITS

*WRITS OF HAEBOS CORPUS IF A PERSON IS ARRESTED UNLAWFULLY HE CAN SUBMIT AN APPLICATION IN COURT AGAINST THE ARREST , I F A COURT IS SATISFIED THAT HIS ARREST UNLAWFULLY THE PERSON IS FREED.

*WRITS OF MANDAMOUS BY ISSUING THIS WRITS THE SUPREME COURT / HIGH COURT CAN ORDER AN EMPLOYED CORPORATION , INSTITUTION OR A PUBLIC BODY TO PERFORM FUNCTIONS / DUTIES ARE NOT BEING PERFORMED

*WRITS OF PROHIBITION THIS WRITS CAN BE ISSUED BY THE HIGH COURT A SUBORDINATE COURT TO INSTRUCT IT NOT TO ACT OUTSIDE ITS JURISDICTION.

-SAIFULLA