Indian Polity Notes FUNDAMENTAL RIGHTS UPSC SSC JKSSB

 Indian Polity Notes    FUNDAMENTAL RIGHTS  UPSC SSC JKSSB 

FUNDAMENTAL RIGHTS

Rights are claims of social life and they help individuals to develop their personality. Some of the Fundamental Rights provide protection only against the state action and do not safeguard against the action of private individuals.

● The Fundamental Rights are gua- ranteed and protected by the Constitution to all persons without any discrimination.

● The Fundamental Rights have been described in Articles 12-35, Part III of Indian Constitution.

● Originally, Fundamental Rights were seven in number viz

1. ¡ Right to Equality.
2. ¡ Right to Freedom.
3. ¡ Right against Exploitation.
4. ¡ Right to Freedom of Religion.
5. ¡ Cultural and Educational Rights.
6. ¡ Right to Property.
7. ¡ Right to Constitutional Remedies.                                                                                              Important Note: 

Right to Property

The Right to Property (Article 31) was deleted from the list of Fundamenta Rights by the 44th Amendment Act,1978. It is made a legal right under Article 300. in Part XII of the Constitution.          

Right to Equality (Article 14-18)

Article 14 Equality before law and equal protection of laws. It says that the state shall not deny to any person equality before the law or equal protection of the laws within the territory of India. This provision confers rights to all persons whether citizens or foreigners. The concept of equality before law is an element of the concept of ‘Rule of law’- propounded by AV Dicey, the British Jurist. The rule of equality before law is not absolute. Some of the exceptions are

¡ The President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office.

¡ No criminal proceedings shall be instituted or continued against the President or the Governor in any court during his term of office.

¡ No process for the arrest or imprisonment of the President or the Governor shall be issued from any court during his term of office.

¡ No civil proceedings against the President or the Governor shall be instituted during his term of office in any court in respect of any act done by him in his personal capacity, until the expiration of 2 months next after notice delivered to him.

Article 15 Prohibition of discrimination on certain grounds. It says that the state shall not

discriminate against any citizen on grounds of religion, race, caste, sex or place of birth. This provision prohibits discrimination both by state and private individuals. There are three exceptions to this general rule of non-discriminations

● Any special provision for women and children.

● Advancement of any socially, educationally and economically backward classes of citizens.

● Special provisions for any socially, educationally and economically backward classes, Scheduled Castes and the Scheduled Tribes regarding their admission to educational institutions, including private educational institutions.

Article 16 Equality of opportunity in public employment. It provides equality of opportunity for all citizens in matters of employment or appointment to any office under the state.                      It does not bound state for prescribing the necessary qualification and recruitment tests for government services, certain posts may be reserved for the resident of a particular state.                    It also provide for reservation of appointment or posts in favour of backward classes along with reservation in promotion for Scs and Sts.

Article 17 Abolition of untouchability. It abolishes untouchability and forbids its practice in any form.

The term ‘untouchability’ has not been defined either in the Constitution or in the Act (Protection of Civil Rights Act, 1955)

Article 18 Abolition of titles. It abolishes titles and makes four provisions in that regard.

1. It prohibits the state from conferring any title (except a military or academic distinction) on any body, whether a citizen or a foreigner.

2. It prohibits a citizen of India from accepting any title from any foreign state.

3. A foreigner holding any office of profit or trust under the state, cannot accept any title from any foreign state without the consent of the President.

4. No citizen or foreigner holding any office of profit or trust under the state is to accept any present, emolument or office from or under any foreign state without the consent of the President.

5. Bharat Ratna or Padma Vibhushan can’t be used by the recipient as a title and therefore doesn’t come within the Constitutional Prohibition.

Right to Freedom (Articles 19-22)

Article 19 It guarantees to all citizens the six rights. These are

1. Right to freedom of speech and expression.

2. Right to assemble peacefully and without arms.

3. Right to form associations or unions or co-operatives.

4. Right to move freely throughout the territory of India.

5. Right to reside and settle in any part of the territory of India.

6. Right to practice any profession or to carry on any occupation, trade or business.

● Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978.

● These 6 rights are protected against only state action and not private individuals.

Article 20 Protection in respect of conviction for offences. It grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation. It contains three provisions in that direction.

1. No Ex-Post-Facto Law No person shall be (i) convicted of any offence except for violation of a law in force at the time of the commission of the act,

(ii) nor be subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the Act.

2. No Double Jeopardy No person shall be prosecuted and punished for the same offence more than once.

3. No Self-Incrimination No person accused of any offence shall be compelled to be a witness against himself

Article 21 Protection of life and personal liberty. It declares that no person shall be deprived of his life or personal liberty except according to procedure established by law.

This right is available to both citizens and non-citizens.

The Supreme Court has expanded the scopemof Right to Life in its various judgments and

declared the following rights as part of

Article 21.

(a) Right to live with human dignity.

(b) Right to decent environment including pollution free water and air and protection against hazardous industries.

(c) Right to livelihood.

(d) Right to privacy.

(e) Right to shelter.

(f) Right to health.

(g) Right to free education upto 14 years of age.

(h) Right to free legal aid.

(i) Right against solitary confinement.

(j) Right to speedy trial.

(k) Right against handcuffing.

(l) Right against inhuman treatment.

(m) Right against delayed execution.

(n) Right to travel abroad.

(o) Right against bonded labour

(p) Right against custodial harassment.

(q) Right to emergency medical aid

(r) Right to timely medical treatment in government hospital.

(s) Right not to be driven out of a state.

(t) Right to fair trial.

(u) Right of prisoner to have necessities of life.

(v) Right of women to be treated with decency and dignity.

(w) Right against public hanging.

(x) Right to hearing.

(y) Right to information.

(z) Right to reputation.

Right to Education

Article 21A declares that the state shall provide free and compulsory education to all children of the age of 6 to 14 years in such a manner as the state may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education (86th Amendment Act, 2002).

Article 22 Protection against arrest and detention ● No person, who is arrested shall be detained in custody without being informed of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by a legal practioner of his choice.

● Every person, who is arrested and detained in custody is to be produced before the nearest Magistrate within a period of 24 hours of arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and such person cannot be detained in custody beyond that period without the authority of a Magistrate.

● There are some exception against these safeguards.

● It is not available to an enemy alien and a person arrested or detained under a law providing for preventive detention (detention of a person without trial).

● The preventive detention of a person cannot exceed three months unless there is sufficient cause for extension.

Right Against Exploitation (Articles 23-24) Article 23 Prohibition of traffic in human

beings and forced labour. It prohibits traffic in human beings, ‘Begar’ (forced labour)

and other similar forms of forced labour. 

Article 24 It prohibits the employment of children below the age of 14 years in any

factory, mine or other hazardous activities like construction work or railway. But, it

does not prohibit their employment in any harmless or innocent work.

● The Child Labours (Prohibition and Regulation) Act, 1986, is the most important law in this direction.

Right to Freedom of Religion (Articles 25-28)

Article 25 Freedom of conscience and right to freely profess, practice and

propagate religion. It says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.

The state is empowered by law to regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practice.

 Article 26 Freedom to Manage Religious Affairs Every religious denomination or any of its section shall have the following rights

(a) Right to establish and maintain institutions for religious and charitable purposes;

(b) Right to manage its own affairs in matters of religion;

(c) Right to acquire and own movable and immovable property; and

(d) Right to administer such property in accordance with law.

Article 27 Freedom from taxation for promotion of a religion. It lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.

Article 28, Freedom from attending religious instruction. No religious instruction shall be provided in any educational institution wholly maintained out of state funds. However, this provision shall not apply to an educational institution administered by the state but established

under any endowment or trust.

Cultural and Educational Rights (Articles 29-30)

Article 29 Protection of interests of minorities. It provides that any section of the citizens residing in any part of India having a distinct language, script or culture

of its own, shall have the right to conserve the same. Further, no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste or language.

Article 30 Right of Minorities to Establish and Administer Educational Institutions :

Grants the following rights to minorities, whether religious or linguistic

(a) All minorities shall have the right to establish and administer educational institutions of their choice.

(b) ln granting aid, the state shall not discriminate against any educational institution managed by a minority. The compensation amount fixed by the state for the compulsory acqusition of a minority educational institution shall not restrict or abrogate the right guaranteed to them. This provision was added by 44th Amendment Act of 1978 to protect the right of minorities in this regard. The act deleted the

Right to Property as a Fundamental Right (Article 31)  The right under Article 30 also includes the right of a minority to impart

education to its children in its own language.

Right to Constitutional Remedies (Article 32)

Dr BR Ambedkar said, Article 32 is the heart and soul of the Constitution. Supreme Court ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution. Under Article 32, Supreme Court and Article 226, High Court can issue writs of various forms in case of violation of Fundamental Rights:

Limitations on the Enforcement of Fundamental Rights ● Parliament has the power to modify the application of the Fundamental Rights to the members of the Armed Forces, Police Forces or Intelligence Organisations so as to ensure proper discharge of their duties and maintenance of discipline among them (Article 33).                                                                              ● Certain Fundamental Rights guaranteed by the Constitution may remain suspended, while a Proclamation of Emergency is made by the President under Article 352                                            ● Article 34 Restriction on Rights conferred by this Part while martial law is in force in any area                                                                                                                                                                      ● Article 35 Legislation, to give effect to the provisions of this part

Fundamental Duties notes read here