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Fundamental Rights
The constitution guarantees six broad categories of Fundamental Rights . These rights are contained in part III of the constitution (Articles 12 to 35) 1. Right to equality (Articles 14-18). 2. Rights to freedom (Articles 19-22). 3. Right against the Exploitation (Articles 23&24) 4. Right to freedom of Religion (Articles 25- 28) 5. Cultural and Educational Rights (Articles 29 &30) 6. Right to constitutional Remedies Articles 3235)
Article 14-18
Article 14 guarantees to all equality before the law and equal protection of laws within the territory of India. Article 15 prohibits discrimination against any citizen on grounds only of religion, race , caste, sex or place of birth or any of them. Article 16 guarantees equality of opportunity in public employment. Article 17 abolishes untouchability. Article 18 abolishes titles.
Article 19
Article 20
Article
No person shall be convicted for any offence except for the violation of law in force at the time of commission of the offence. No person shall be punished for the same offence more than once. No person shall be compelled to be a witness against himself.
Article 21
No person shall be deprived of his life and personal liberty except according to a procedure established by law.
Article 22
Art
22 provides 4 rights to an arrested person. It safeguards against arbitrary arrest and detention. It provides that
The person shall be informed as soon as possible the grounds of arrest. He can consult and represented by a legal practitioner of his choice. He must be produced before the nearest magistrate within 24 hours of his arrest. He must not be detained in police custody beyond 24 hours except the order of magistrate.
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set of rights imposes a duty upon the state to take steps for the betterment of the weaker sections of the society, which includes two rights;
Article 23- Prohibits traffic in human beings and other forms of forced labour. Article 24- prohibits children below 14 years being employed in any type of hazardous employment and factories.
Article 25 &26
25 Guarantees to every person the freedom conscience and the right profess, practice and propagate religion. Art 26 Guarantees To establish& maintain religious&charitable institutions To manage its affairs To own and acquire movable immovable property To administer such property in accordance with law
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Article 27 & 28
Article
27- provides that no person shall be compelled to pay any tax for the promotion or maintenance of religious denominations.
provides that no religious instruction shall be imparted in any educational institutions wholly maintained out of state funds
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Article
29- Guarantees to those citizens of india who have a distinct language, script or culture of their own, the right to conserve the same language, script or culture It further provides that they shall not denied admission into any educational institutions maintained by the state on the grounds of religion, caste, language etc. Article 30- Guarantees such persons the right to establish and administer educational institutions of their own choice.
The right is described as the heart and and soul of the constitution. The declaration of fundamental right is meaningless unless there is an effective machinery to enforce these rights Though article 32 itself a fundamental right it provides for the enforcement of the fundamental rights as a whole.
Article 32 guarantees the right to an individual to move the supreme court for the enforcement of his fundamental rights The supreme court has the power to safeguard the fundamental rights of the citizen.
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1. Habeas corpus
Latin word-You may have the body It is issued in the form of an order calling upon a person by whom another person is detained to bring that person before the court and to let the court know by what authority he has detained that person If there is no legal justification court will order immediate release of such person.
2. Mandumus
The word mandumus means- order It is an order by a superior court commanding a person or a public authority to do or forbear to do a statutory duty.
3. Prohibition
It is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction.
4. Certiorari
It is issued to quash an order passed by an inferior court which has been made without jurisdiction or in violation of the rules of natural justice.
5. Quo Warranto
Quo warranto means What is your authority It is a proceeding in which court will inquire into the matter under what ground a person is holding an authority.
Restriction on right
Fundamental rights are not absolute. They may be restricted ,suspended or even curtailed in certain situations. Reasonable restrictions can be made on the ground of public order, morality, and also in emergency situations.