FUNDAMENTAL RIGHTS
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QUICK FACTS FROM FUNDAMENTAL RIGHTS
- Derived from the Constitution of USA - Included in Part III of the Indian Constitution and rightly described as the “Magna Carta” and also sometimes the “Cornerstone” of the Indian Constitution.
- Fundamental Rights are protected and guaranteed by written constitution - In violation of Fundamental Rights one can directly approach Supreme court.
- A citizen must observe the Fundamental Duties [ Part IV (A) ] of the Indian Constitution for having the Fundamental Rights of that citizen redressed in case of their violation.
- Original, the Constitution had seven Fundamental Rights - Amount them, Right to Property has been deleted by the 44th Amendment Act, 1978.
- Right to Property is now a legal right under Article 300-A in Part XII of the Constitution.
- Parliament has the power to amend any provision of the Fundamental Rights - However Parliament’s amending power subjects to the “Basic structure of the constitution”.
- State may deny some of the Fundamental Rights to a class of people - For ex – Armed forces, Paramilitary personnel, Police forces etc, - For the national security and integrity.
- Fundamental Rights are subject to certain restrictions imposed by the state on the question of national security, interest and general welfare of the society - But restrictions are checked by SC & HC”s,
- Fundamental Rights provide protection only against state action - Not against a private individual except rights pertaining to abolition of untouchability & rights against exploitation.
- Fundamental Rights cannot be amended without amending the constitution itself (i.e. by special majority).
FUNDAMENTAL RIGHTS IN INDIA
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural & Education Rights
- Right to Constitutional Remedies
RIGHT TO FREEDOM OF RELIGION ( ARTICLE 25 - 28 )
- Article 25: Freedom of Conscience and Free Propagation, Practice and Profession of Religion
These Rights are subjected to public order, morality, health and other provisions relating to Fundamental Rights.
The state is permitted to regulate or restrict any economic, financial, political or other secular activity associated with religious practice.
- Article 26: Freedom to Manage Religious Affairs
Rights to :
- To establish and maintain institutions for religious and charitable purposes,
- To manage its own affairs in matters of religion,
- To own and acquire movable or immovable property, and
- To administer such property in accordance with the law.
- Article 27: Freedom From Taxes For Promotion Of Any Particular Religion
No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion.
This provision prohibits State from favoring, patronising and supporting one religion over another.
- Article 28: Freedom from Attending Religious Instructions
No religious instructions shall be provided in educational institutions wholly maintained by the state.
No restrictions on religious instructions in institutions established under any trust or endowment.
CULTURAL AND EDUCATIONAL RIGHTS ( ARTICLE 29 - 31 )
- Article 29: Protection of Interest Of Minorities
Right to conserve his culture, script and language and can establish educational institutions for the same.
No citizen can be denied admission to any educational institution maintained by the state or receiving aid out of state fund on grounds of religion, race, cast or language only.
- Article 30: Right of Minorities to Establish and Administer Educational Institutions
All minorities whether based on religion or language only shall have the right to establish and administer educational institutions of their choice.
RIGHT TO CONSTITUTIONAL REMEDIES ( ARTICLE 32 )
B. R. Ambedkar called this article ”the heart and soul of the Constitution” and said that without this article Constitution would be nullity.
To enforce the Fundamental Rights, the Supreme Court is empowered, under Article 32, to issue writs of various forms.
The Supreme Court under Article 32 and the High Court under Article 226, can issue the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-warranto.
These writs are borrowed from the British Constitution.
- Habeas Corpus
It literally means ‘to have a body’ that is yo produce before the court - This writ protects the personal liberty of an individual against the action of both State and private individual.
- Mandamus
It literally means 'command’ - Issued against a public authority or an officer and inferior courts - For purpose of enforcing legal rights only.
- Prohibition
It literally means “to forbid” or “to stop” and popularly known as 'Stay Order' - Issued by the higher court to the lower court or the quasi-judicial bodies - When the later exceed their judicial authority.
- Certiorari
It literally means 'to be certified’ or 'to be informed’ - Issued to quash the order of a lower court or the decision of a tribunal in excess of its jurisdiction.
- Quo Warranto
It literally means 'what is your authority’ - Issued to ensure that the person holding a public office is qualified to hold the office.
Article 33: Parliament has the power to modify the Fundamental Rights in their application to enforce.
Article 34: Restriction on rights conferred by this part while martial law is in force in any area.
Article 35: Legislation to given effect to the provision of this part.
RIGHTS OUTSIDE PART III ( NON - FUNDAMENTAL RIGHTS )
These are known as Constitutional Rights or Legal Rights or Non-Fundamental Rights.
Contained in other parts of the Constitution. They are -
- No tax shall be Levi's levied or collected except by authority of law - Article 265 ( Part XII )
- No person shall be deprived of his property - Article 300 ( Part XII )
- Trade, commerce and intercourse throughout the territory of India shall be free - Article 301 ( Part XII )
- The election to the Lok Sabha and the State legislative assembly shall be on the basis of adult suffrage - Article 326 ( Part XV )
