The
constitution of India provides wide fundamental rights to the citizens. The
rights are described in Part-3 of the Constitution. These rights are not only
important for the development of citizens but also protect their welfare and
respect. These rights can get judicial protection and can also be enforced
through the court. Changes in these rights by the government can only be done
by amending the constitution. The government has the right to impose
appropriate restrictions on these rights but the judiciary has the right to
decide whether this ban is justified or not.
Need and Importance of Fundamental Rights
Fundamental
rights protect citizens' freedom from government intervention and curb
executive and legislature. The main objective of adding fundamental rights to
the constitution is to implement the rule of law in the country. Explaining the
importance of fundamental rights, Judge Bhagwati said in the case of Maneka
Gandhi v. Union of India, "These fundamental rights reflect the
fundamental values which have been in existence since the Vedic period and
which have been practiced by the public." The main objective is to protect
the honour of the person and provide conditions in which each person could
develop his personality fully. "
Classification of Fundamental Rights
Initially the constitution specified seven
types of fundamental rights. But after the 44th amendment made in 1979, the
right to property was removed from the list of Fundamental Rights, its number
increased to 6.
These 6
Fundamental Rights are as follows
1. Right to
equality, 2. Right to freedom, 3. Right against exploitation, 4. Right to religious
freedom, 5. Right to culture and education, 6. Right to constitutional
remedies.
Right to Equality (Articles 14-18)
1. According
to Article 14, the State shall not deprive any person of equality or equal
protection before the law in the territory of India.
2. According
to Article 15, the State shall not discriminate against a citizen merely on the
basis of religion, descent, caste, sex, place of birth or any of them.
3. According
to Article 16, all citizens will get equal opportunities for appointment to
government posts and in this regard there is no discrimination in providing
government job or post only on the basis of religion, descent, caste, sex or
place of birth or any of them Will be done.
4. Article 17 states that
“Untouchability is abolished and its conduct in any form is prohibited.
Implement any disqualification resulting from untouchability Doing so
would be a punishable offense. "
5. Article 18 provides that "the State
cannot confer any degree other than the titles of the Army or Education."
With this, no citizen of India can accept any title from a foreign state
without the President's permission. "
Apart from
this, the state cannot confer any title. Also, no citizen of India can accept
any title from a foreign state without the President's permission. "
Right to freedom (Articles 19-22)
1. Citizens
were given seven freedoms by Article 19 of the original Constitution. Now there
are only six freedoms, which are as follows
(1) Freedom
of thought and expression.
(1) Freedom
of arms and peace-free conference.
(iin)
Freedom to build community and association.
(iv) Freedom
of free travel in the territory of India.
(v) Freedom
of abode in the territory of India.
(vi) Freedom
of profession, occupation or business.
Right against exploitation (Article 23 and Article 24) -
1. Article
23 outlawed human trade and forced or forced use of any person.
2. According
to Article 20, a person cannot be held guilty unless he has violated any law
applicable at the time of the offense. With this, a person can be punished only
once for a crime and the person accused in a crime cannot be compelled to
testify against himself.
3. According
to Article 21, a person cannot be deprived of his life and personal liberty in
any way except by the procedure established by law. According to the 44th
constitutional amendment, the right to life and personal liberty cannot be
abolished or limited even in an emergency.
4. According
to Article 22, a person held captive cannot be kept in detention for a long
time without explaining the reasons for his crime or being held captive. The
detained person will have the right to consult a lawyer and make arrangements
for his defense. The person who has been arrested will be required to appear
before the nearest magistrate within 24 hours.
Right against exploitation (Article 23 and Article 24) -
1. Article
23 outlawed human trade and forced or forced use of any person.
The
exception is that the state may implement a scheme of compulsory labor for a
public purpose.
2. According to Article 24, no child below 14
years of age can be employed in factories, mines or any other risky job.
Right to Freedom of Religion (Article 25 to Article 28)
1. According
to Article 25, all persons will have the freedom to embody and to adopt, follow
and propagate any religion.
2. According
to Article 26, the following rights have been granted to the followers of
Prateek Dharma
a. Right to
establish and run religious institutions and charity-funded public service
organizations
.
b. Right to
manage personal matters related to religion
c. Right to
acquire and own property and property
d. The right
to operate the said property according to law.
According to
Article 27, the state cannot compel any person to pay such tax, whose income
has been specially fixed for spending in the promotion or nurture of a
particular religion or religious sect.
4 According
to Article 28, any educational institution operated by a state fund has any
Type of
religious education will not be provided. With this, no person can be compelled
to take education of a particular religion in a state-recognized and
financially aided educational institution.
Rights related to culture and education (article 29 and article 30)
1. According
to Article 29, every class of citizens has the absolute right to preserve their
language, script or culture.
2. According
to Article 30, all minority classes based on religion or language will have the
right to establish and administer their own educational institutions. The State
shall not discriminate against such entities in providing economic assistance.
Right to Constitutional Remedies (Article 32)
»If the fundamental rights guaranteed in Part
3 of the constitution are violated by the state, the citizens are entitled to
file a writ petition in the Supreme Court under Article 32 of the Constitution
and in the High Court under Article 226 to seek treatment against the State.
Have been provided.
Writs
The Supreme
Court (Article 39) and High Courts (Article 226) have the right to issue five
types of articles to protect the rights of citizens of India. These articles
are as follows:
1. Habeas corpus
The Latin
word 'hebius corpus' means "present the body to us." The court hereby
orders the detaining officer to present the detained person at a certain time
and place, so that the court The court could consider the reasons for
detention. The court decides whether detention is valid or illegal and if the
court finds that a person has been improperly imprisoned, he orders his
release. .
2. Mandamus
The
English-language word 'mandamus' means - Commandment: The writ of writ (writ)
is issued when an officer does not perform his public duty. On the basis of
such an order, an order is issued to the officer to perform his duty.
3. Prohibition
Prohibition means to refuse. When a
subordinate court is going outside its jurisdiction i.e. doing something which
is not under its jurisdiction, the Supreme or High Court can stop it from doing
so. Prohibition orders can only be issued against judicial authorities. Not
against administrative staff.
4. Certiorari
Inducation means - inform more. This mandate
is mostly issued to send a dispute from the lower court to the High Court, so
that it does not use its powers more than its power or violates the natural
principles of justice by misusing its power. On the basis of this petition, the
High Court can get information in respect of any disputes from the following
judges.
5. Ouo-warranto
Empowerment
means what is the right to you. When a person acquires a public office
illegally or remains in a position illegally, the court may ask that he should
continue in his office What right? ”And unless he gives a satisfactory answer
to this question, he cannot work.
Suspension of fundamental rights
Suspension
of Fundamental Rights Suspension of Fundamental Rights can be done as follows
1. In the
context of imposing reasonable terms on Fundamental Rights, it is mentioned in
Articles 19 (2) to 19 (6).
2. According
to Articles 15 (1) and (4), enforcement of social objectives; Like- women,
children
And for the
welfare of backward castes, the state can interfere in fundamental rights.
3. According
to Article 34, when the army is in law enforcement in an area, then by law the
law can impose registration on fundamental rights.
4. When a
national emergency has been declared in the country under Article 352, the
fundamental rights conferred by Article 19 are automatically suspended and the
President may by notification issue the fundamental rights, but by Articles 20
and 21 The rights conferred can never be terminated.
5.
Parliament can suspend fundamental rights by amending the constitution, but in
doing so it cannot destroy the basic structure of the constitution.
Fundamental Rights Amendment
- In the judgments given before the decision in Golaknath v. State of Punjab (1967 AD), it was determined that any part of the constitution could be amended, wherein Article 360 included a fundamental right. In the judgment of Golaknath v. Punjab Statehood (1967 AD) in the Supreme Court, Article 368 prohibited the amendment of Fundamental Rights through the prescribed procedure. That is, Parliament cannot amend fundamental rights.
- Articles 13 and 368 were amended by the 24th Constitutional Amendment (1971 AD) and it was determined that the basic rights can be amended by the procedure given in Article 368.
- In Kesavanand Bharti v. Kerala Statehood decision, such amendment was accorded legal recognition i.e. the decision of Golaknath v. State of Punjab was repealed.
- Clauses 4 and 5 were added to Article 368 by the 42nd Constitutional Amendment (1976 AD) and it was arranged that such amendments cannot be questioned in any court.
- By the decision of Minerva Mills v. Union of India (1980 AD) it was determined that the court has the right to protect the basic features of the constitution and the court can review any amendment on this basis. By this, the system made by the 42nd Constitutional Amendment was also abolished.
Special Features of Fundamental Rights
The following are the distinctive features of
the fundamental rights conferred by the Constitution of India.
1. These
rights are more sacred than the rights conferred by common law as they are
derived by the Constitution.
2. These
rights are not unlimited and appropriate restrictions should be imposed on
them.
3. These
rights have judicial protection and can be enforced through the courts.
4.
Fundamental rights (including the right to constitutional protection) can be
suspended in times of national crisis.
5. Certain
rights conferred by the Constitution to certain sections of society. Are not
available For example, political rights are not available to members of the
armed forces and police.
6. These are
mostly available only against the state and are not available against some
private institution - or individual, eg Article 171
7.
Fundamental rights are both positive and negative. Rights that confer certain
privileges to citizens are considered positive, while other rights that prevent
special privileges to the state are considered negative.
8. Some
fundamental rights are available only to citizens while other rights are also
enjoyed by foreigners and corporations etc.
9. If the
rights of a person are violated by the state, then the citizen can knock
directly to the Supreme Court to enforce them.
10. If
martial law is applicable in an area, fundamental rights can be banned.
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