Fundamental Rights Fundamental Rights, Directive Principles and Fundamental Duties of India

1 fundamental rights

1.1 right equality
1.2 right freedom
1.3 right against exploitation
1.4 right freedom of religion
1.5 cultural , educational rights
1.6 right constitutional remedies

fundamental rights

the fundamental rights, embodied in part iii of constitution, guarantee civil rights indians, , prevent state encroaching on individual liberty while simultaneously placing upon obligation protect citizens rights encroachment society. 7 fundamental rights provided constitution – right equality, right freedom, right against exploitation, right freedom of religion, cultural , educational rights, right property , right constitutional remedies. however, right property removed part iii of constitution 44th amendment in 1978.

the purpose of fundamental rights preserve individual liberty , democratic principles based on equality of members of society. dr ambedkar said responsibility of legislature not provide fundamental rights , rather more importantly, safeguard them.

act limitations on powers of legislature , executive, under article 13, , in case of violation of these rights supreme court of india , high courts of states have power declare such legislative or executive action unconstitutional , void. these rights largely enforceable against state, per wide definition provided in article 12, includes not legislative , executive wings of federal , state governments, local administrative authorities , other agencies , institutions discharge public functions or of governmental character. however, there rights – such in articles 15, 17, 18, 23, 24 – available against private individuals. further, fundamental rights – including under articles 14, 20, 21, 25 – apply persons of nationality upon indian soil, while others – such under articles 15, 16, 19, 30 – applicable citizens of india.

the fundamental rights not absolute , subject reasonable restrictions necessary protection of public interest. in kesavananda bharati v. state of kerala case in 1973, supreme court, overruling previous decision of 1967, held fundamental rights amended, subject judicial review in case such amendment violated basic structure of constitution. fundamental rights can enhanced, removed or otherwise altered through constitutional amendment, passed two-thirds majority of each house of parliament. imposition of state of emergency may lead temporary suspension of fundamental rights, excluding articles 20 , 21, order of president. president may, order, suspend right constitutional remedies well, thereby barring citizens approaching supreme court enforcement of of fundamental rights, except articles 20 , 21, during period of emergency. parliament may restrict application of fundamental rights members of indian armed forces , police, in order ensure proper discharge of duties , maintenance of discipline, law made under article 33.

right equality

the right equality 1 of chief guarantees of constitution. embodied in articles 14–16, collectively encompass general principles of equality before law , non-discrimination, , articles 17–18 collectively encompass further philosophy of social equality. article 14 guarantees equality before law equal protection of law persons within territory of india. includes equal subjection of persons authority of law, equal treatment of persons in similar circumstances. latter permits state classify persons legitimate purposes, provided there reasonable basis same, meaning classification required non-arbitrary, based on method of intelligible differentiation among sought classified, have rational relation object sought achieved classification.

article 15 prohibits discrimination on grounds of religion, race, caste, sex, place of birth, or of them. right can enforced against state private individuals, regard free access places of public entertainment or places of public resort maintained partly or wholly out of state funds. however, state not precluded making special provisions women , children or socially , educationally backward classes of citizens, including scheduled castes , scheduled tribes. exception has been provided since classes of people mentioned therein considered deprived , in need of special protection. article 16 guarantees equality of opportunity in matters of public employment , prevents state discriminating against in matters of employment on grounds of religion, race, caste, sex, descent, place of birth, place of residence or of them. creates exceptions implementation of measures of affirmative action benefit of backward class of citizens in order ensure adequate representation in public service, reservation of office of religious institution person professing particular religion.

the practice of untouchability has been declared offence punishable law under article 17, , protection of civil rights act, 1955 has been enacted parliament further objective. article 18 prohibits state conferring titles other military or academic distinctions, , citizens of india cannot accept titles foreign state. thus, indian aristocratic titles , title of nobility conferred british have been abolished. however, awards such bharat ratna have been held valid supreme court on ground merely decorations , cannot used recipient title.

right freedom

the right freedom covered in articles 19-22, view of guaranteeing individual rights considered vital framers of constitution, , these articles include restrictions may imposed state on individual liberty under specified conditions. article 19 guarantees 6 freedoms in nature of civil rights, available citizens of india. these include freedom of speech , expression, freedom of assembly without arms, freedom of association, freedom of movement throughout territory of our country, freedom reside , settle in part of country of india , freedom practice profession. these freedoms subject reasonable restrictions may imposed on them state, listed under article 19 itself. grounds imposing these restrictions vary according freedom sought restricted, , include national security, public order, decency , morality, contempt of court, incitement offences, , defamation. state empowered, in interests of general public nationalise trade, industry or service exclusion of citizens.

the freedoms guaranteed article 19 further sought protected articles 20–22. scope of these articles, particularly respect doctrine of due process, heavily debated constituent assembly. argued, benegal narsing rau, incorporation of such clause hamper social legislation , cause procedural difficulties in maintaining order, , therefore ought excluded constitution altogether. constituent assembly in 1948 omitted phrase due process in favour of procedure established law . result, article 21, prevents encroachment of life or personal liberty state except in accordance procedure established law, was, until 1978, construed narrowly being restricted executive action. however, in 1978, supreme court in case of maneka gandhi v. union of india extended protection of article 21 legislative action, holding law laying down procedure must just, fair , reasonable, , reading due process article 21. in same case, supreme court ruled life under article 21 meant more mere animal existence ; include right live human dignity , other aspects made life meaningful, complete , worth living . subsequent judicial interpretation has broadened scope of article 21 include within number of rights including livelihood, health, clean environment, water, speedy trial , humanitarian treatment while imprisoned. right education @ elementary level has been made 1 of fundamental rights under article 21a 86th constitutional amendment of 2002.

article 20 provides protection conviction offences in respects, including rights against ex post facto laws, double jeopardy , freedom self-incrimination. article 22 provides specific rights arrested , detained persons, in particular rights informed of grounds of arrest, consult lawyer of 1 s own choice, produced before magistrate within 24 hours of arrest, , freedom not detained beyond period without order of magistrate. constitution authorizes state make laws providing preventive detention, subject other safeguards present in article 22. provisions pertaining preventive detention discussed skepticism , misgivings constituent assembly, , reluctantly approved after few amendments in 1949. article 22 provides when person detained under law of preventive detention, state can detain such person without trial 3 months, , detention longer period must authorised advisory board. person being detained has right informed grounds of detention, , permitted make representation against it, @ earliest opportunity.

right against exploitation

child labour , beggar prohibited under right against exploitation.

the right against exploitation, contained in articles 23–24, lays down provisions prevent exploitation of weaker sections of society individuals or state. article 23 prohibits human trafficking, making offence punishable law, , prohibits forced labour or act of compelling person work without wages legally entitled not work or receive remuneration it. however, permits state impose compulsory service public purposes, including conscription , community service. bonded labour system (abolition) act, 1976, has been enacted parliament give effect article. article 24 prohibits employment of children below age of 14 years in factories, mines , other hazardous jobs. parliament has enacted child labour (prohibition , regulation) act, 1986, providing regulations abolition of, , penalties employing, child labour, provisions rehabilitation of former child labourers.

right freedom of religion

the right freedom of religion, covered in articles 25–28, provides religious freedom citizens , ensures secular state in india. according constitution, there no official state religion, , state required treat religions impartially , neutrally. article 25 guarantees persons freedom of conscience , right preach, practice , propagate religion of choice. right is, however, subject public order, morality , health, , power of state take measures social welfare , reform. right propagate, however, not include right convert individual, since amount infringement of other s right freedom of conscience. article 26 guarantees religious denominations , sects, subject public order, morality , health, manage own affairs in matters of religion, set institutions of own charitable or religious purposes, , own, acquire , manage property in accordance law. these provisions not derogate state s power acquire property belonging religious denomination. state empowered regulate economic, political or other secular activity associated religious practice. article 27 guarantees no person can compelled pay taxes promotion of particular religion or religious institution. article 28 prohibits religious instruction in wholly state-funded educational institution, , educational institutions receiving aid state cannot compel of members receive religious instruction or attend religious worship without (or guardian s) consent.

cultural , educational rights

the cultural , educational rights, given in articles 29 , 30, measures protect rights of cultural, linguistic , religious minorities, enabling them conserve heritage , protecting them against discrimination. article 29 grants section of citizens having distinct language, script culture of own, right conserve , develop same, , safeguards rights of minorities preventing state imposing external culture on them. prohibits discrimination against citizen admission educational institutions maintained or aided state, on grounds of religion, race, caste, language or of them. however, subject reservation of reasonable number of seats state socially , educationally backward classes, reservation of 50 percent of seats in educational institution run minority community citizens belonging community.

article 30 confers upon religious , linguistic minorities right set , administer educational institutions of choice in order preserve , develop own culture, , prohibits state, while granting aid, discriminating against institution on basis of fact administered religious or cultural minority. term minority , while not defined in constitution, has been interpreted supreme court mean community numerically forms less 50% of population of state in seeks avail right under article 30. in order claim right, essential educational institution must have been established administered religious or linguistic minority. further, right under article 30 can availed of if educational institution established not confine teaching of religion or language of minority concerned, or majority of students in institution not belong such minority. right subject power of state impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, , utilisation of aid granted it.

right constitutional remedies

the right constitutional remedies empowers citizens approach supreme court of india seek enforcement, or protection against infringement, of fundamental rights. article 32 provides guaranteed remedy, in form of fundamental right itself, enforcement of other fundamental rights, , supreme court designated protector of these rights constitution. supreme court has been empowered issue writs, namely habeas corpus, mandamus, prohibition, certiorari , quo warranto, enforcement of fundamental rights, while high courts have been empowered under article 226 – not fundamental right in – issue these prerogative writs in cases not involving violation of fundamental rights. supreme court has jurisdiction enforce fundamental rights against private bodies, , in case of violation, award compensation affected individual. exercise of jurisdiction supreme court can suo motu or on basis of public interest litigation. right cannot suspended, except under provisions of article 359 when state of emergency declared.

the supreme court held right privacy fundamental right

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