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Supreme Court as a Court of Record under Article 129 of the

Constitution of India.
5. Public Interest and Fundamental Rights

Fundamental Rights are the basic rights of the common people and inalienable rights
of the people who enjoy it under the charter of rights contained in Part III(Article 12 to
35) of Constitution of India.

The six fundamental rights recognised by the Indian constitution are

The right to equality – It includes equality before law, prohibition of discrimination on


grounds of religion, race, caste, gender or place of birth, and equality of opportunity in
matters of employment, abolition of untouchability and abolition of titles

The right to freedom – It includes freedom of speech and expression, assembly,


association or union or cooperatives, movement, residence, and right to practice any
profession or occupation, right to life and liberty, protection in respect to conviction in
offences and protection against arrest and detention in certain cases.

The right against exploitation – It prohibits all forms of forced labour, child labour
and trafficking of human beings.

The right to freedom of religion – It includes freedom of conscience and free


profession, practice, and propagation of religion, freedom to manage religious affairs,
freedom from certain taxes and freedom from religious instructions in certain
educational institutes.

The cultural and educational rights – It preserve the right of any section of citizens
to conserve their culture, language or script, and right of minorities to establish and
administer educational institutions of their choice.

The right to constitutional remedies. – It is present for enforcement of Fundamental


Rights. The right to privacy is an intrinsic part of Article 21(Right to Freedom) that
protects life and liberty of the citizens.[1]
6. Qualifications of persons who are entitled to be enrolled as an
Advocate in State role.

Section 24 in THE ADVOCATES ACT, 1961

Subject to the provisions of this Act, a person shall be qualified to be admitted as an


advocate on a State roll, if he fulfills the following conditions, namely:—

A. he is a citizen of India:
B. he has completed the age of twenty-one years;
C. he has obtained a degree in law—
D. he fulfils such other conditions as may be specified in the rules made by the
State Bar Council
E. he has paid stamp duty, if any, in respect of the enrolment and an enrolment
fee payable to the State Bar Council of
F. He makes an application for such enrolment in accordance with the provisions
of this Act, not later than two years from the appointed day.
7. Discuss the Constitutional Remedies for the enforcement of
Fundamental Rights.
Article 32 under the Constitution of India – Right To Constitutional Remedies

Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme
Court to seek justice when they feel that their right has been ‘unduly deprived’. The apex
court is given the authority to issue directions or orders for the execution of any of the
rights bestowed by the constitution as it is considered ‘the protector and guarantor of
Fundamental Rights’.

Therefore, we can say that an assured right is guaranteed to individuals for enforcement
of fundamental rights by this article as the law provides the right to an individual to directly
approach the Supreme Court without following a lengthier process of moving to the lower
courts first as the main purpose of Writ Jurisdiction under Article 32 is the enforcement
of Fundamental Rights.

Dr. Ambedkar stated that:

“If I was asked to name any particular article in this Constitution as the most important-
an article without which this Constitution would be a nullity— I could not refer to any
other article except this one. It is the very soul of the Constitution and the very heart of
it and I am glad that the House has realized its importance.”

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