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 EQUALITY ( ARTICLES 14 - 18 )
- Article 14: Equality before law & equal protection of laws
Exception:
President, Governor, Ambassadors, and Foreign diplomats.
- Article 15: Right against Discrimination
Prohibits discrimination on the basis of caste, race, religion, sex or place of birth only.
Empowers state to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the SC and ST.
Empowers state to make special provisions for women and children.
- Article 16: Equality of Opportunity
It provides for equality of opportunity for all citizens in matter of public employment.
Exception:
Residence can be made a restriction.
Special favours can be given to the backward classes.
Religious posts in religious institutions taken over by State, are reserved for the people of same religion.
- Article 17: Abolition of Untouchability
“Untouchability” is abolished and its practice in any form is forbidden.
Untouchability Offence Act, 1955 prescribes punishment for practice of untouchability.
This Act was further amended and renamed as Civil Rights Protection Act in 1976.
- Article 18: Abolition of Titles
Prohibits the state to confer titles to anyone citizen or non-citizen.
A citizen cannot accept anytitle from any foreign states.
Hereditary titles of nobility like Maharaja, Diwan etc, which were conferred by colonial states are banned.
Exception:
Military and Academic.
RIGHT TO FREEDOM ( ARTICLE 19 - 22 )
This Article Guarantees Six Fundamental Rights -
- Article 19.1: Right To Freedom of Speech and Expression
Right to express his views, opinions, belief and conviction freely by word of mouth, writing, printing, picturing or in any other manner.
Right to propagate views of others.
Right against strike called by political party.
Right to know about government activities.
Freedom of silence.
Right against tapping of telephonic conversation.
Freedom of press and commercial advertisement.
- Article 19-2: Right to Freedom of Assembly
Right to assemble peacefully and without arms.
Exception:
Assembly must be peaceful and unarmed.
Assembly must be peaceful and unarmed.
Further reasonable restrictions can be imposed on the grounds of sovereignty and integrity of India - And public order including the maintenance of traffic in the area.
- Article 19-3: Right to Freedom to Form Associations / Unions / Co-operative societies
Exception:
Armed forces, Police force, Military etc.
State can impose reasonable restrictions on grounds of sovereignty and integrity of India, public order and morality.
- Article 19-4: Right to Freedom of Movement
Citizen can move freely from one state to another or from one place to another within a state.
Exception:
Reasonable restrictions can be imposed on two grounds - (1) interest is general public, and (2) protection of interest of any scheduled tribes.
- Article 19-5: Right to Freedom of Residence
Right to reside or settle in any part of the country ( temporary or permanent).
Exception:
Reasonable restrictions can be imposed on two grounds - (1) interest is general public, and (2) protection of interest of any scheduled tribes.
- Article 19-6: Right to Freedom of Profession
Right to practice any profession or to carry on any occupation, trade or business.
- Article 20: Protection in Respect of Conviction for Offences
Ex Post Facto Law:
No person shall be convicted of any offence except for “violation of law” in force at the time.
Double Jeopardy:
No person shall be prosecuted and punished for the same offence more than once.
Self-Incrimination:
No person accused of any offence shall be compelled to be witness against himself.
- Article 21: Protection of Life and Personal Liberty
Article 21 has become the “Foundation Stone” of Part III of the Constitution. The Supreme Court declared the following Rights as part of Article 21 -
- Right to live with human dignity
- Right to livelihood
- Right to privacy
- Right to shelter, health, free legal aid, travel abroad, emergency medical aid, fair trial.
- Right to information
- Right to free education upto 14 years of age.
- Right against solitary confinement, handcuffing, inhuman treatment, delayed execution, bounded labour, custodial harassment.
- Article 21-A: Right to Education
State shall pass free and compulsory education to all children of age 6 to 14 years - Only elementary education is a Fundamental Right and not the higher or professional education.
Added by the Constitutional 86th Amendment Act, 2002.
- Article 22: Right to Protection Against Arrest and Detention
The authority cannot arrest or detain a person without informing him/her off the grounds for such arrest or detention.
Person arrested shall be brought before magistrate within 24 hours of arrest.
Some of the Preventive detention acts enacted by parliament are NASA, TADA, MISA, COFEPOSA, POTA, Preventive Detention Act.
RIGHT AGAINST EXPLOITATION ( ARTICLE 23 & 24 )
- Article 23: Right Against Traffic in Human Beings, Begging And Forced Labour
The expression ‘Traffic in Human Beings’ means selling and buying men, women and children like goods.
One shall not be forced to provide labour or forced service against his will even if remuneration is paid.
- Article 24: Prohibition Of Employment Of Children Below 14 Years Of Age, In Hazardous Activities Like Factory, Mine, Construction Work Or Railway
The Child Labour ( Prohibition and Regulation ) Act, 1986 has been passed on this regard.
