CONCEPT OF FUNDAMENTAL RIGHT
Fundamental rights are those rights which are essential for intellectual, moral, and spritual, development of individual. As these rights are fundamental or essential for existence and all round development of individual, hence,it is called as fundamental right.
*Right to equality
(Article---14 to 18)
(Article---14 to 18)
*Right to freedom
(Article--- 19 to 22)
(Article--- 19 to 22)
*Right against exploitation
(Article--23 to 24)
(Article--23 to 24)
*Right to freedom of religion
(Article-25to28)
(Article-25to28)
*Cultural and educational right
Article--29 to 30)
Article--29 to 30)
*Right to constitutional remedies
Article--32 to 35)
Article--32 to 35)
Right to equality
Equality before the law (Article 14)
Article 14 of the constitutional guarantees that all people shall be equality protect by the law of the country. It means that the state will treat people in the same circumstances alike. This article also means that individuals whether citizens of India or otherwise shall be treated differently if the circumstances are different.
*Social equality and equal access to public areas (Article 15):--
Article 15 of the constitutional states that no citizen of India shall be discriminated on the basis of religion, race, caste, sex of place of birth. Every person shall have equal access to public places like public park, museums, well, bathing ghat etc. However the state may make any special provision for women and children. Special provision may be made for the advancement of any socially or educationally backward class or schedule caste or schedule tribes.
*Equality in matters of public employment (Article 16):--
Article 16 of the constitution lays down that the stare can not discriminate against citizen in the matters of employment. All citizen can apply for government jobs however there are some exceptions. The parliament may enact a low stating that certain jobs can be filled only by aplicants who are domiciled in the area. The state may also reserve post of member of backward classes, scheduled tribes, schedule caste, which are not adequately represented in the services under the state to bring up the weaker section of the society. Also there a law may be passed that requires that the holder of an office of any religious institution shall also be a person professing that particular religion.
*Abolition of untouchability (Article 17) :-
Article 17 of the constitution abolishes the practice of untouchability. The practice of untouchability is an offense and anyone doing so is punishable by law. The untouchability offence Act of 1955 provided penalties for preventing a person from entering a place of worship or from taking water from atank or well.
*Abolition of titles (Article 18):--
Article 18 of the constitution prohibits the state from conferring any titles. "Citizen of India can not accept titles from a foreign state.The British government had created an aristocratic class known as Rai Bahadur and Khan Bahadur in India ‐--‐----these titles were also abolished. The supreme court, on 15 December 1995 uphold the validity of such awards.
RIGHT TO FREEDOM
*Article 19 :--
The right to fredom in Article 19 guarantees the following six freedom. All people have the right to go any where in their country.
*Freedom of speech and expression, on which the state can impose reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the state, friendly relation with foreign state public order,decency or morality ir in relation to contempt of court.
*Freedom to assembly peacefully without arms on which the state can impose reasonable restrictions in the interests of public order the sovereignty and integrity of India.
*Freedom to form association or unions or cooperative societies on which the state can impose reasonable restrictions in the interests of public order, morality and sovereignty and integrity of India.
*Citizen have the freedom to move freely throughout India, although reasonable restrictions can be imposed on this right in the public's interest for example to control an epidemic, restrictions on movement and travel can be imposed.
*Freedom to reside and settle in any part of the territory of India, subject to reasonable restrictions by the state in the interest of the general public or for the protection of the schedule tribes because certain safe guards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation.
*Freedom to practice any profession or to carry on any occupation, trade, or business. But the state may impose reasonable restrictions in the public's interest. Thus there is no right to carry on a buisness which is dangerous or immoral.
*Article 20:--
*Freedom to form association or unions or cooperative societies on which the state can impose reasonable restrictions in the interests of public order, morality and sovereignty and integrity of India.
*Citizen have the freedom to move freely throughout India, although reasonable restrictions can be imposed on this right in the public's interest for example to control an epidemic, restrictions on movement and travel can be imposed.
*Freedom to reside and settle in any part of the territory of India, subject to reasonable restrictions by the state in the interest of the general public or for the protection of the schedule tribes because certain safe guards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation.
*Freedom to practice any profession or to carry on any occupation, trade, or business. But the state may impose reasonable restrictions in the public's interest. Thus there is no right to carry on a buisness which is dangerous or immoral.
*Article 20:--
Article 20 gives the right to life, personal liberty and the right to die with dignity.
*Article 21(A):--
*Article 21(A):--
Article 21(A) gives free education to all children of the age of 6 to 14 years.
*Article 22:--
*Article 22:--
Protection against arrest and detention in certain cases.
RIGHT AGAINST EXPLOITATION
The right against exploitation given in Article 23 and 24 provides for two provision namely
RIGHT AGAINST EXPLOITATION
The right against exploitation given in Article 23 and 24 provides for two provision namely
*The abolition of trafficking in human beings and forced labour
* and the abolition of employment of children below the age of 14 years in dangerous jobs likes factories mines etc.
RIGHT TO FREEDOM OF RELIGION
Right to freedom of religion, covered in Article 25, 26, 27, 28 provides religious freedom to all citizens of India. The objective of this right is to sustain the principle of secularism in India. According to the constitution all religion are equal before the state and no religion shall be given preference over the other. Citizens are free to preach, practice and propogate any religion if their choice.
CULTURAL AND EDUCATIONAL RIGHT
The constitution of India guarantees every single citizen of India has both rights to education and culture. The constitution also provides special measures to protect the rights of the minorities. Any community that has a language and a script of its own has the right to conserve and develop it. No citizen can be discriminated against for admission in the state or state aided institution.
All minorities, religious or linguistic can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions the state can not discriminate against any institutions on the basis of the fact that it is administered by a minority institution. The right to administer does not mean that the state cannot interfere in case of maladministration.
In a precedent setting judgment in 1980 the supreme court held that the state can take regulatory measures to promote the efficiency and excellence of educational standards. It can also issues guidelines for ensuring the security of the service of the teachers or other employees of the institutions. In another land mark judgment delivered on 31 October 2002 the supreme court that in case of aided minority institution offering professional courses, admissions could be only through a common entrance test conducted by state or a university. Even an unaided minority institution ought not to ignore the merit of the students for admission.
RIGHT TO CONSTITUTIONAL REMEDIES
Right to constitutional remedies(Aricle 32-35) empower the citizens to more to a court of law in case of any denial of the fundamental rights. For instance in case of imprisonment, any citizen can ask the court to see if it is according to the provision of the law of the country by lodging a public interest litigation. If the court find that it is not the person must be freed . This procedure of asking the court to preserve or safeguard the citizens fundamental rights can be done in various ways.
This allows a citizen to move to court if they believe that any of their fundamental rights have been violated by the state. Article 32 is also called the citizens rights to protect and defend the constitution as it can be used by the citizens to enforce the constitutions through the judiciary. Dr.B.R. Ambedkar declared the right to constitutional remedies "the heart and soul"of the Indian constitution. When a national or state emergency is declared, this right is suspended by the central government.
*The right to constitutional remedies is present for enforcement of fundamental right.
*The right to privacy is an intrinsic part of Article 21 (Right to Freedom) that protects the life and liberty of the citizens.
*The right to privacy is the newest right assured by the supreme court of India. It assures the people's data and personal security.
Fundamental rights for Indians have also been aimed at overturning the enequalities of pre independence social practices. Specifically, they have also been used to abolish untouchability and thus prohibit discrimination on the grounds of religion race, caste, sex or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational right of religious and linguistic minorities by allowing them to preserve their languages and also establish and administer their own education institution. They are covered in part 3 (Article 12 to 35) of constitution of India.
The 42 constitution (Amendment Act) 1976 a new chapter 4-A which consist of only one Article 51-A was added which dealt with a code of ten fundamental duties for citizens. Fundamental are intended to serve as a contant reminder to every citizen that while the constitution specifically conferred on them certain fundamental right. It also required citizen to observe certain basic norms of democratic conduct and democratic behaviour because right and duties are co- relative. The inclusion of fundamental duties brought our constitution in line with article (29) (1) of the Universal Declaration of human rights anod with provisions in several modern constitutions of other countries. The concept of fundamental duties was taken from the USSR.
RIGHT TO FREEDOM OF RELIGION
Right to freedom of religion, covered in Article 25, 26, 27, 28 provides religious freedom to all citizens of India. The objective of this right is to sustain the principle of secularism in India. According to the constitution all religion are equal before the state and no religion shall be given preference over the other. Citizens are free to preach, practice and propogate any religion if their choice.
CULTURAL AND EDUCATIONAL RIGHT
The constitution of India guarantees every single citizen of India has both rights to education and culture. The constitution also provides special measures to protect the rights of the minorities. Any community that has a language and a script of its own has the right to conserve and develop it. No citizen can be discriminated against for admission in the state or state aided institution.
All minorities, religious or linguistic can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions the state can not discriminate against any institutions on the basis of the fact that it is administered by a minority institution. The right to administer does not mean that the state cannot interfere in case of maladministration.
In a precedent setting judgment in 1980 the supreme court held that the state can take regulatory measures to promote the efficiency and excellence of educational standards. It can also issues guidelines for ensuring the security of the service of the teachers or other employees of the institutions. In another land mark judgment delivered on 31 October 2002 the supreme court that in case of aided minority institution offering professional courses, admissions could be only through a common entrance test conducted by state or a university. Even an unaided minority institution ought not to ignore the merit of the students for admission.
RIGHT TO CONSTITUTIONAL REMEDIES
Right to constitutional remedies(Aricle 32-35) empower the citizens to more to a court of law in case of any denial of the fundamental rights. For instance in case of imprisonment, any citizen can ask the court to see if it is according to the provision of the law of the country by lodging a public interest litigation. If the court find that it is not the person must be freed . This procedure of asking the court to preserve or safeguard the citizens fundamental rights can be done in various ways.
This allows a citizen to move to court if they believe that any of their fundamental rights have been violated by the state. Article 32 is also called the citizens rights to protect and defend the constitution as it can be used by the citizens to enforce the constitutions through the judiciary. Dr.B.R. Ambedkar declared the right to constitutional remedies "the heart and soul"of the Indian constitution. When a national or state emergency is declared, this right is suspended by the central government.
*The right to constitutional remedies is present for enforcement of fundamental right.
*The right to privacy is an intrinsic part of Article 21 (Right to Freedom) that protects the life and liberty of the citizens.
*The right to privacy is the newest right assured by the supreme court of India. It assures the people's data and personal security.
Fundamental rights for Indians have also been aimed at overturning the enequalities of pre independence social practices. Specifically, they have also been used to abolish untouchability and thus prohibit discrimination on the grounds of religion race, caste, sex or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational right of religious and linguistic minorities by allowing them to preserve their languages and also establish and administer their own education institution. They are covered in part 3 (Article 12 to 35) of constitution of India.
FUNDAMENTAL DUTIES
The 42 constitution (Amendment Act) 1976 a new chapter 4-A which consist of only one Article 51-A was added which dealt with a code of ten fundamental duties for citizens. Fundamental are intended to serve as a contant reminder to every citizen that while the constitution specifically conferred on them certain fundamental right. It also required citizen to observe certain basic norms of democratic conduct and democratic behaviour because right and duties are co- relative. The inclusion of fundamental duties brought our constitution in line with article (29) (1) of the Universal Declaration of human rights anod with provisions in several modern constitutions of other countries. The concept of fundamental duties was taken from the USSR.
The fundamental duties are essential taken from the Indian tradition, mythology, religious and practices. Essentially these were the duties that are the codification of tasks integral to the Indian way of life.
Originally ten fundamental duties were listed. Later on by virtue of 86 constitution the Amendment in year 2002 11 duty was added.
Duty of every citizen of India (11 duties)
51(A) fundamental duties----‐-
It shall be the duty of every citizen of India--
*To obide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem.
*To cherish and follow the noble ideals which inspired iur national struggle for freedom.
*To uphold and protect the sovereignty, unity and integrity of India.
*To defend the country and render national service when called upon to do so.
*To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to renounce practice derogatory to the dignity of women.
*To value and preserve the rich heritage of our composite culture.
*To protect and improve the natural enviornment including forest lakes, rivers and wild life and to have compassion for living creatures.
*To develop the scientific temper humanism and the spirit of inquiry and reform.
*To safeguard public property and to abjure violence.
*To strive towards excellence in all sphere of individuals and collective activity so that the nation constantly rises to higher level of endeavour and achievement.
*Who is parent and guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years.
Originally ten fundamental duties were listed. Later on by virtue of 86 constitution the Amendment in year 2002 11 duty was added.
Duty of every citizen of India (11 duties)
51(A) fundamental duties----‐-
It shall be the duty of every citizen of India--
*To obide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem.
*To cherish and follow the noble ideals which inspired iur national struggle for freedom.
*To uphold and protect the sovereignty, unity and integrity of India.
*To defend the country and render national service when called upon to do so.
*To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to renounce practice derogatory to the dignity of women.
*To value and preserve the rich heritage of our composite culture.
*To protect and improve the natural enviornment including forest lakes, rivers and wild life and to have compassion for living creatures.
*To develop the scientific temper humanism and the spirit of inquiry and reform.
*To safeguard public property and to abjure violence.
*To strive towards excellence in all sphere of individuals and collective activity so that the nation constantly rises to higher level of endeavour and achievement.
*Who is parent and guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years.
