Almost
all the liberal democracies of the world grant some basic rights to their citizens and foreign citizens residing in their territory.
In India these are provided in the form of Fundamental Rights which included in
Part three of the Constitution. These are broadly categorized as Right to
Equality, Right to Freedom, Right against Exploitation, Right to Freedom of
Religion, Cultural and Educational Rights and Right to Constitutional Remedies.
These rights are legally enforceable. Details of these rights as provided in
the Constitution are as under:
Right
to Equality
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Article 14
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Equality
before law-
- Provides for equality before law and equal protection
of law to any person within the territory of India.
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Article 15
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Prohibition
of discrimination on grounds of religion, race, caste, sex or place of birth-
- Prohibits the state from making any discrimination on
these grounds.
- No citizen can be discriminated on any of these grounds
with respect to access to shops, restaurants, hotels and places of public
entertainment as well as the use of wells, tanks, bathing ghats, roads and
places of public resort maintained wholly or partly out of state funds or
dedicated to the use of general public.
- State can make special provision for women and
children; socially or educationally backward classes or the Scheduled Castes
and the Scheduled Tribes.
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Article 16
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Equality
of opportunity in matters of public employment-
- Provides for equality of opportunity for all citizens
in matters of public employment.
- However Parliament is empowered to make laws about a
requirement for the public post to be a resident of that particular state or
Union territory.
- Parliament is also empowered for making reservation of
appointment or posts in favour of any backward class of citizens or Scheduled
Castes and Scheduled Tribes which are not adequately represented.
- Allows the operation of a law which provides that
person holding an office in a religious and denominational institution should
belong to a particular religion or denomination.
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Article 17
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Abolition
of Untouchability-
- Abolishes “Untouchability” and makes its practicing a
punishable offence.
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Article 18
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Abolition
of Titles-
- Provides that State shall not confer any titles except
military and academic distinctions.
- Also provides that no citizen of India shall accept any
title from any foreign state.
- Any foreign citizen while he holds an office of profit
or trust under the State shall not accept any title from any foreign state
except with the permission of the President.
- Further no person holding any office of profit shall
accept any present, emolument or office of any kind from or under any foreign
state.
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Right
to Freedom
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Article 19
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Protection
of certain rights regarding freedom of speech etc- This provides to
all citizens the right
- to freedom of Speech and Expression
- to assemble peacefully and without arms
- to form associations and unions
- to move freely throughout the territory of India
- to reside or settle in any part of the territory of
India
- to practice any profession, occupation or trade.
However
these rights are not absolute. This article empowers the State to make laws
for placing reasonable restrictions on any of these rights.
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Article 20
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Protection
in respect of conviction for offences-
- Provides that no person can be convicted of an offence
except for violation of a law in force at the time of commission of the
offence nor can be subjected to a penalty greater than which might have been
inflicted under the law in force at that time.
- Further no person shall be prosecuted and punished for
the same offence more than once.
- No person accused of any offence shall be compelled to
be a witness against himself.
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Article 21
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Protection
of life and personal liberty-
- Provides that no person shall be deprived of his life
and liberty except according to a procedure established by law.
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Article 21A
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Right
to education-
- Provides for free and compulsory education to all
children from age of six to fourteen years.
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Article 22
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Protection
against arrest and detention in certain cases-
- Provides that no person arrested should be detained in
custody without being informed as soon as possible about the grounds of his
arrest.
- Any person arrested and detained should not be denied
the right to consult and be defended by a legal practitioner of his choice.
- Provides that every person arrested and detained in
custody must be produced before the nearest magistrate within 48 hours excluding
the time required for such journey and further detention should only be with
the permission of the magistrate.
- Also provides that these rights are not available to an
enemy alien or to a person who is arrested or detained under law providing
for preventive detention.
- Provides that in normal circumstances preventive
detention should not be more than three months unless authorized by an Advisory
Board comprising of persons who are, or have been or are qualified to be High
Court Judges.
- Parliament is empowered to make laws for prescribing
the circumstances under which preventive detention can be made for more than
three months and for prescribing the procedure to be followed by the Advisory
Board.
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Right
against Exploitation
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Article 23
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Prohibition
of traffic in human beings and forced labour-
- Prohibits traffic in human beings as well as ‘begaar’ and other similar forms of forced
labour.
- However the State is empowered to impose compulsory
service for public purposes.
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Article 24
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Prohibition
of employment of children in factories etc.-
- Prohibits employment of children below the age of
fourteen years in a factory, mine or any other hazardous employment.
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Right
to freedom of religion
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Article 25
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Freedom
of conscience and free profession, practice and propagation of religion-
- Provides that all persons are equally entitled to
freedom of conscience and right to practice any religion.
- This is subject to public order, morality, health and
other provisions related to fundamental rights.
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Article 26
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Freedom
to manage religious affairs-
Provides for the
right to every religious denomination to
- establish and maintain religious institutions for
religious and charitable purposes;
- to manage its own affairs in the matters of religion;
- to own and acquire movable and immovable property;
- to administer such property in accordance with law;
- These rights are also subject to public order, morality
and health.
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Article 27
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Freedom
as to payment of taxes for promotion of any particular religion-
- Prohibits compelling a person to pay a tax the proceeds
of which would go for promotion of a particular religion.
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Article 28
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Freedom
as to attendance at religious instruction or religious worship in certain
education institutions-
- Prohibits imparting of religious instructions in
educational institution wholly maintained out of state funds.
- However this will not apply to an institution
administered by the state but established under an endowment or trust which
requires imparting of religious instructions.
- No person attending any educational institution
recognized or funded by the State shall be required to take part in any
religious instruction or worship being conducted in that institution.
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Cultural
and Educational Rights
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Article 29
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Protection
of interests of minorities-
- Provides that any section of citizen having a distinct
language, script or culture have a right to conserve the same.
- No citizen shall be denied admission into any
educational institution only on the grounds of religion, race, caste language
or any of them.
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Article 30
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Right
of minorities to establish and administer educational institutions-
- Provides that all minorities, whether linguistic or
religious, shall have the right to establish and administer educations
institutions of their choice.
- While granting aid to educational institutions, the
State shall not discriminate against any educational institution under the
management of a minority.
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Right
to Constitutional Remedies
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Article 32
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Remedies
for enforcement of Rights conferred-
- Provides the right to move to Supreme Court for
enforcement of these rights.
- Empowers Supreme Court to issues directions for the
enforcement of these rights.
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