Fundamental Rights- (Blog)
A main section of constitution of India (part3)
leads to the backbone of it which is called as “THE FUNDAMENTAL RIGHTS”.
Fundamental rights are respectively used and given to each people and citizen
of India. Fundamental rights not only includes the six main rights but also
have Article (12-35) and more than this many clauses related to the solution of
our problem. It is mainly adopted from the constitution of America.
Article 12:- It states the definition of state which
includes: government and parliament of India, government and legislature of
state, local authority, other authority
Article 13:- It express the commencement of territory
of India, and includes: Laws
inconsistent with OR in derogation of fundamental rights.
RIGHT TO EQUALITY
It provides equal rights to all peoples (Indian and
foreign). It prohibits inequality based on caste, race, gender, place of birth,
religion. It also gives equal chance of opportunity to all of us.
It includes articles 14—18.
Aticle14- It mainly includes:
·
Equality
before law (from British constitution) “ According to professor A. V. Dicey it
is called ‘ Rule of law’”
·
Equal
protection of law
Article 15-It includes:
·
Prohibition
of discrimination on the basis of caste, religion, sex, race, birth place.
Article 16- It includes:
·
Equality
of opportunity for public employment.
Article 17- It includes:
·
Abolition
of Untouchability( means the end of comparison between peoples regarding
touching and equating matters)
Article 18- It includes:
·
Abolition
of titles( means to end the ‘title’ i.e. ‘upadhi’ granted to anyone for their fields only can be
awarded for education and army)
RIGHT TO FREEDOM
It includes from articles 19-22.
Article 19- It includes: “FREEDOM IS LIFE”
·
It
is only awarded to the citizens of India.
·
It
is the base of fundamental rights.
19(1) - Protection of freedom of speech.
(a)-freedom of speech and expression
(b)-assemble in peace without arms
(c)-formation of unions or associations or
cooperative societies
(d)-free movement in the territory of India
(e)-Right to settle in any part of the territory of
India
(g)- Free to practice in any profession, occupation,
trade, business.
19(2)- It include the reasonable
restriction in these specific condition-
·
Protection
of states
·
Friendly
relations with foreign countries
·
Public
order
·
Morality
·
Contempt
of court
·
Defamation
·
Incitement
to an offence
·
Sovereignty
if India
Article 20- Protection of conviction for offences:
·
Ex-post
facto law
·
Double
jeopardy
·
Self-incrimination
Article 21- Life and personal liberty Protection:
·
Against
legislative, executive
·
It
is provided to all peoples
Article 21(A)-Right to education:
·
6-14
year child must be compulsory educated ,free of cost
Article 22- Arrest and detention
RIGHT AGAINST EXPLOITATION
Article (23-24)
Article 23- Banned human trafficking and forced
labour:
·
Awarded
to both peoples and citizens
·
It
provides protection against state and private persons.
Article 24-Banned the employment of children:
·
Children
up to 14 years are restricted to work in any factory.
RIGHT TO FREEDOM OF RELIGION
Article (25-28)
Article 25-Right to follow one’s beliefs, one’s
work, one’s morality.
Article 26- Freedom to manage religious affairs.
Article 27- Free to pay taxes for the promotion of
religion
Article 28- Free to attend any religious instruction
CULTURAL AND EDUCATIONAL RIGHTS
Article (29-30)
Article 29- Protection of interest of minor rights.
·
Maintenance
of script, culture and language
Article 30- Minorities have right to establish
education institution.
RIGHT TO CONSTITUTIONAL REMEDIES
Article (32-35)
Article 32-Resources for actuation of rights paid in
this part.
(1)-Appropriate proceeding by Supreme Court for the
enforcement of the rights conferred by this part is guaranteed.
(2)-WRITS-
·
Habeas
corpus
·
Mandamus
·
Prohibition
·
Quo-warranto
·
Certiorari
The Fundamental rights are given in the part 3 of
Indian constitution. These fundamental rights are most important that if it is
not given then no one can encourage the development in any direction. These
rights are provided against the states. It has been taken from the American
constitution. Some rights are so important that they are provided to all
peoples (Indian citizens as well as foreigners). Ex- protection of life and
personal liberty. Some rights are only provided to the citizens of India, eg.-freedom
of speech and expression. India is one of the largest democratic nation
throughout the world. The basis of democracy is the protection of right of
people. If anyone violates our rights then we can admit the writs in the
supreme court (Article 32) or in high court (Article 226) and can ask for the
protection of our rights. It is to be noted that the fundamental rights are not
the absolute rights; it can be restricted in the time of crises (eg.-CORONA).That
is why part 3 of Indian constitution is considered as Magna carta (the father
of Fundamental rights).
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