Civics

Fundamental Rights

Fundamental Rights

The rights which are fundamental to the life of an individual are conferred on all citizens by the constitution and in which no interference by the state can be called fundamental rights. Rights are absolutely necessary for the development of the personality of any person, without these rights a person cannot make his full development. The fundamental right is derived from the United States Constitution. The definition of fundamental rights is given in Article 12 of the Indian Constitution. By the 44th Constitutional Amendment in 1978, the right to property was removed from the category of fundamental rights and made a legal right. Currently, Indian citizens have six fundamental rights. Which are as follows:

Article 14- Equality before the law, Article 15- No discrimination shall be made on the basis of religion, descent, caste, sex, or place of birth.

Article 16 – Equality of opportunity in the subject of public planning.

Article 17 – End of untouchability.

Article 18 – The titles are given by the British Government have been abolished, but the tradition of granting degrees in defense and education continues.

Fundamental Right to Freedom (Articles 19 to 22)

Article 19 – Freedom of speech, right to form a union, to move, to set up, to reside, to earn any livelihood or to do business. Article 20 – Protection of convictions for offenses.

Article 21 – Protection of life and personal freedom.

Article 21A – Right to education.

Article 22 – Protection from arrest and detention in certain cases.

Fundamental Right against Exploitation (Articles 23 and 24)

Article 23- Prohibition of human trafficking and forced labor.

Article 24- Prohibition of employment of children in factories etc.

Fundamental Rights

Fundamental Right to Religious Freedom (Articles 25 to 28)

Article 25 – Right to conscience and freedom of religion to be free, conduct, and publicity.

Article 26 – Freedom of management of religious works.

Article 27- Freedom regarding payment of taxes for the promotion of a particular religion.

Article 28- Indian citizens have the freedom to attend religious education or religious worship in some educational institutions.

Fundamental Rights Related to Culture and Education (Articles 29 and 30)

Article 29 – Protection of interests of minorities.

Article 30 – Minorities have the right to establish and administer educational institutions.

Fundamental Right to Constitutional Remedies (Article 32)

Dr. Bhimrao Ambedkar called constitutional remedies the heart and soul of the constitution. The following provisions have been made under the right to constitutional remedy:

Habeas Corpus

It hereby issues an order for any arrested person to be produced before the court. If the method or reason for making the arrest is wrong or not satisfactory, the court can the order to release the arrested person.

Mandate

This order is issued by the court in the circumstances when the court finds that a public official is not performing his legal and constitutional duties and this is affecting the fundamental right of a person.

Prohibition

When a lower court hears a case of encroachment of its jurisdiction, the above court issues an injunction prohibiting it from doing so.

Rights Inquiry

When the court finds that a person has been appointed to a post on which he has no legal right, the court issues a writ of a restraining order preventing the person from working in that post.

Induction Writ

When a lower court or a government official commits an act without authority, the court transfers the matter under consideration from him to the top court or competent officer by persuasion.

Conclusion of Fundamental Rights

The Fundamental Rights and Fundamental Duties of the citizens of India address freedom and democracy in the , and the Directive Principles guide the Government in making laws and policies. These duties, given in Part IV–A of the Constitution of India, concern the self, the environment, the State, and the society.

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