Thursday, 17 April 2014

Fundamental Rights

             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
Article 14
Equality before law-

  • Provides for equality before law and equal protection of law to any person within the territory of India.
Article 15
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.  
Article 16
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.
Article 17
Abolition of Untouchability-

  • Abolishes “Untouchability” and makes its practicing a punishable offence.
Article 18
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.
Right to Freedom
Article 19
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.  
Article 20
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.
Article 21
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.
Article 21A
Right to education-

  • Provides for free and compulsory education to all children from age of six to fourteen years.
Article 22
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.
Right against Exploitation
Article 23
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.
Article 24
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.
Right to freedom of religion
Article 25
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.
Article 26
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.
Article 27
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.
Article 28
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.
Cultural and Educational Rights
Article 29
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.
Article 30
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.
Right to Constitutional Remedies
Article 32
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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