FUNDAMENTAL RIGHTS
FUNDAMENTAL RIGHTS
Fundamental rights are those rights which are provided and governed by the Constitution of India. These are such rights which are guaranteed to the Citizens of the country and no person, agency or the Government could snatch those from an individual. Certain Fundamental Rights are also available to the foreigners also. The Fundamental Rights are provided in Part III of the Constitution under Articles 12-35. This part of the Constitution of India is also called Magna Carta of India. This part of the Constitution is also the basic structure of the Constitution and no Government by direct or indirect means could abrogate these rights in any manner. According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express provision for judicial review. The SC and the High Courts can declare any law unconstitutional on the grounds that it is violative of the fundamental rights. Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications, etc. Basically the Constitution of India Provides for 6 Rights as Fundamental Rights which could be divided as under:-
ð Right to equality (Articles 14–18)
ð Right to freedom (Articles 19–22)
ð Right against exploitation (Articles 23–24)
ð Right to freedom of religion (Articles 25–28)
ð Cultural and educational rights (Articles 29–30)
ð Right to constitutional remedies (Article 32)
Broadly Fundamental Rights are as under:-
ð Article 14 – This is a “Right to Equality Before Law”. As per this right no person shall be denied equality before the law or the equal protection of the laws within the territory of India.
ð Article 15- This is a “Right to Equality Before Law”. As per this right it provides for Prohibition of Discrimination that no citizen shall be discriminated on grounds only of religion, race, caste, sex or place of birth.
ð Article 16- This is a “Right to Equality Before Law”. As per this right every person has Equality of Opportunity in Public Employment or appointment to any public office.
ð Article 17- This is a “Right to Equality Before Law”. As per this right it Abolishes Untouchability and forbids its practice in any form. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.
ð Article 18- This is a “Right to Equality Before Law”. As per this right it abolishes titles.
ð Article 19- This is a right to freedom and it provides following rights:-
Ø Right to freedom of speech and expression.
Ø Right to assemble peaceably and without arms.
Ø Right to form associations or unions or co-operative societies.
Ø Right to move freely throughout the territory of India.
Ø Right to reside and settle in any part of the territory of India.
Ø Right to practice any profession or to carry on any occupation, trade or business.
ð Article 20- This is a Right to freedom. It gives protection in Respect of Conviction for Offences: grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation.
ð Article 21- This is also a Right to Freedom and it gives protection of Life and Personal Liberty. It declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.
ð Article 21(A)- This is also a Right to Freedom and it is Right to Education. It declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years.
ð Article 22- This is also a Right to Freedom and it gives Protection Against Arrest and Detention: Article 22 grants protection to persons who are arrested or detained.
ð Article 23- This is a Right against Exploitation which provides for Prohibition of traffic in human beings and forced labour.
ð Article 24- This is a Right against Exploitation which provides for Prohibition of employment of children in factories, etc.
ð Article 25- This is a Right to Freedom of Religion which provides for Freedom of conscience and free profession, practice and propagation of religion.
ð Article 26- This is a Right to Freedom of Religion which provides Freedom to manage religious affairs.
ð Article 27- This is a Right to Freedom of Religion which provides for Freedom as to payment of taxes for promotion of any particular religion.
ð Article 28- This is a Right to Freedom of Religion which provides Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
ð Article 29- This is a Cultural and Educational Rights which gives Protection of interests of minorities
ð Article 30- This is a Cultural and Educational Rights which gives protection to the minorities to establish and administer educational institutions.
ð Article 32- Right to Constitutional Remedies and it gives rights to the citizens for seeking Remedies for enforcement of rights conferred by this Part.
Salient Features of the Fundamental Rights:
ð Constitution protects them: Fundamental Rights are protected and guaranteed by the Constitution of India to its citizens.
ð Protected rights: The rights are protected rights and the COI allows persons to move the courts for their enforcement, if and when they are violated.
ð Not Permanent: The Fundamental Right are not permanent and the Parliament can curtail or repeal them but only by a constitutional amendment act. Reasonable restrictions could also be imposed by the State under the situations of emergency or such other need.
ð Not Absolute rights: Fundamental Rights are not absolute rights and the COI itself says that where the Rights of other persons start your rights comes to an end.
ð Suspension of Rights: The rights can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.
ð Restriction: Legislature can restrict the application of the Fundamental rights to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services under Article 33.