fundamental rights

Fundamental rights are mentioned under Part III of The Constitution of India. Fundamental rights are the basic rights that are given to every citizen of the country. Like many other concepts and ideas of our times, the concept of fundamental rights also developed in the west. Fundamental rights were inspired from the Bill of Rights of the U.S. Fundamental rights are always claimed against the state i.e against the actions of the State and its officials.

Article 12 – 35 talks about the fundamental rights and explains each article and its importance.

The main objective of the fundamental right is to secure the political freedom of the people and to live life more freely without any restrictions. Fundamental rights are fundamental in nature because it is necessary for every individual’s all round development and without these rights no human being can survive in a dignified manner. 

Some basic features of the fundamental rights are:

  1. That it keeps a check on unlimited powers of the state.
  2. It is available against the state.
  3. These rights are not absolute in nature.
  4. These rights can be suspended during the time of emergency but only Article 20 and 21 cannot be suspended even during emergency time.

Earlier in our constitution there were 7 fundamental rights but by 1978s 44th amendment, Right to Property was deleted and it was introduced in Article 300 as a constitutional right. So right now, we have 6 fundamental rights in our constitution and these rights are:

  1. Right to equality ( Article 14 to 18)
  2. Right to freedom ( Article 19 to 22)
  3. Right against exploitation ( Article 23 to 24)
  4. Right to freedom of religion (Article 25 to 28)
  5. Cultural and educational rights ( Article 29 to 30)
  6. Right to constitutional remedies ( Article 32and 226)

Article 12 of The Constitution of India talks about the state and it defines state in four different classes –

  1. Executive and legislative- Union
  2. Executive and legislative- State
  3. Local authorities
  4. Other authorities

Article 13 of The Constitution of India says that the constitution is supreme and all the laws in India should be consistent to the constitution. Article 13 was introduced in the constitution of India to restrict the powers of the legislature so that they can’t make any laws which can violate fundamental rights. Article 13 has the power of judicial review. Doctrine of eclipse and doctrine of severability are one of the most important parts of this article.

Article 14 talks about equality that every person is equal in the eyes of law and is treated equally without any discrimination. Basically it follows two approaches. First approach is about equality before law and the second approach is about equal protection of laws.

Article 15 says that no one can discriminate anyone on the basis of religion, race, caste, sex and place of birth .But if the discrimination is done on the basis of above mentioned factors for some relevant cause then the discrimination is valid.

Article 16 also talks about equality but it is limited for the matters of appointment and employment.

Article 17 says that Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance of law.

Article 18 talks about the abolition of the titles.

Article 19 talks about freedom of speech and expression, freedom to assemble peacefully without arms, to form associations and unions, to move freely throughout the territory of India, to reside and settle in any part of India.

Article 20 acts as one of the pillars of fundamental rights and it deals with the protection of certain rights in case of conviction for offenses. 

Article 21 says that no person shall be deprived of his or her life or personal liberty except according to the procedure established by the law.

Article 22 talks about the detention and arrest of any person in some cases.

Article 23 of The Indian Constitution explicitly prohibits and criminalise human trafficking and forced labour.

Article 24 talks about prohibition against the employment of children under the age of 14 in factories, mines and other dangerous workplaces.

Article 25 gives freedom of conscience and freedom to practice any profession and freedom to propagate any religion.

Article 26 gives freedom to manage any religious affairs but these rights have to be exercised in a manner that is in conformity with public order and health.

Article 27 says that no person shall be compelled to pay any kind of taxes for the promotion or maintenance of any particular religion.

Article 28 states that no religious instruction shall be provided in any educational institution wholly maintained out of state funds.

Article 29 says that every citizen residing in any part of the country has the right to protect its own language, script or culture.

Article 30 talks about the rights of minorities to establish and administer educational institutions. 

Article 32 talks about the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Under this right a person can directly approach the supreme court. And Article 226 confers powers to high courts to issue orders, directions, and writs. 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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