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FUNDAMENTAL RIGHTS

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)

1.Right to Equality (Art. 14-18)


Equality before law and equal protection of laws to all without fear or favor is the core concern of this group of rights. Unreasonable discrimination is prohibited ie, as between equals, law will be applied equally (like should be treated alike). But reasonable classification is permitted. While Article 14contains the general principle of equality before law Articles 15,16, 17 and 18 provide for the specific application of the general rule.

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.

2.Right to freedom (Article 19-22)


Right to life and personal liberty is the most fundamental of all fundamental rights. Any right without the freedom to exercise it is meaningless. Freedom pertains to liberty of thought, expression, belief, faith and worship. Articles 19 to 22 provide for different aspects of the basic right to freedom. This group of rights can be described as the life line of all rights.

Article 19

Article 19 guarantees a set of six freedoms to the citizens. They are


Freedom of speech and Expression (Article) 19 (1) (a) Freedom of Assembly (Article19 (1)(b)) Freedom to form Associations (Article 19 (1) (c) Freedom of movement (Articles19(1)(d) Freedom to reside and to settle (Article 19(1)(e) Freedom of profession, occupation, trade or business (Article 19(1) (g)

Article 20
Article

20 provides certain safeguards to accused persons, ie

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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3.Right against Exploitation (Article 23-24)


This

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.

4.Right to Freedom of Religion (Article 25-28)


The preamble of constitution of India declares india to be a secular state. It intends to secure liberty of thought, belief, faith and worship. Secularism denotes an approach of neutrality to religious matters

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
Art

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

Article28-

5.Culture and Educational Rights (article 28&29)

This right protects the interest of linguistic and cultural minorities

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.

6.Right to constitutional Remedies (Article 32)


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.

Enforcement of fundamental right Writ Jurisdiction


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Habeas corpus Mandamus Prohibition Certiorari Quo Warranto

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.

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