Constitution Of India Part-3 : Fundamental Rights

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Constitution Of India Part-3 : Fundamental Rights

Fundamental rights are called natural rights. Because it is found after birth. The fundamental right is called Jagnakara. It is taken from the constitution of USA.

Article 12

definition of fundamental right

Article 13

If any other fundamental right affects our fundamental right, then our fundamental right can be curtailed. (reduction)

Right to Equality [Articles 14-18]

Article 14

Equality before law means everyone is equal before law. This arrangement has been taken from Britain. Whereas the system of equal protection of law has been taken from America.

Article 15

There will be no discrimination on the basis of caste, religion, gender, place of birth, at public place (government place).

Article 16

Public elections [equality of government jobs] In these, there is talk of reservation for backward classes for some time.

Article 17

untouchability [end of untouchability]

Article 18

At the end of the titles (but education security and Bharat Ratna, Padma Vibhushan etc. can be kept. Before holding foreign titles, permission has to be taken from the President.

Right to Freedom [Articles 19-22]

Article 19

(i) Freedom of expression, freedom of speech, flag waving, effigy burning and freedom of the press

(ii) Freedom to assemble without arms

(ii) Freedom to form organizations

(iv) Freedom to move around freely

(v) Freedom to settle in any area in India

(vi) Right to property is no longer a fundamental right. Rather it became a legal right.

The Right to Property was removed from the Fundamental Right in 1978 by the 44th Constitutional Amendment. Now it was placed under the statutory authority under Article 300 (a).

(vii) Freedom to do business.

Article 20

Three types of freedom have been given in this –

(i) a punishment for a mistake

(ii) Punishment shall be given on the basis of the law for the time being and not on the basis of earlier or later law

(iii) The prisoner is given protection even after the sentence.

Note – According to Article 20, unless a person is convicted by the court, he is not considered a criminal.

Article 21

There is life and personal freedom in this, due to which the police challan the vehicle which gives more smoke or the person without helmet. Right to privacy has been added in Article 21 itself. Now no one can expose our confidential information.

Note – Article 20 and 21 cannot be stopped during emergency, so it is called the most powerful fundamental right.

Article 21 (a) It has the right to free primary education for children of 6 to 14 years. It was amended by the 86th Amendment (2002)

added.

Article 22

Three types of freedom have been given in this which protects from arrest-

  1. The person has to give a warrant (reason) before arresting him.
  2. He is produced co-body in the court within 24 hours. Traffic and leisure time are not counted in this 24 hours.
  3. The arrested person has the right to have a lawyer of his choice.

Preventive Detertion

It is discussed in section IV of Article 22. Its purpose is not to punish a person but to prevent him from committing a crime. Under this law, the police can arrest or arrest any person on the basis of suspicion without assigning any reason for a maximum period of three months.

Detention – When a person is not allowed to meet the society. So he is called under arrest. The detention can be anywhere in a hotel, accommodation or prison.

Major Preventive Protest Acts in India

preventive protest act 1950

This is India’s first Preventive Detention Act or it was abolished on 31 December 1972.

MISA (mentinance of Internal security Act )

It was introduced in 1971 but it was most misused due to which it was abolished in 1978.

National Security Act (Rasuka)

It was introduced in 1980 and is still in force. This is currently the most dangerous act under which the police do the encounter.

TADA (Terioist and Distructive Activity)

It was brought against the terrorist who was brought in 1985. It was abolished on 23 May 1995 due to misuse.

POTA (Privention of Terririst Act)

This is also imposed on the terrorist. It started in 2001 and ended in 2004.

Right against exploitation [Article 23-24]

Article 23

Child labor (forced labour) and unemployment (without pay) were banned. But on the issue of national security, forced labor or forced labor can be done.

Article 24

Children under 24 years of age cannot be employed in hazardous work.

Right to freedom of religion [Articles 25-28]

Article 25

There is a discussion of conscience, that is, a discussion of individual religious freedom. Under this, the Sikhs have the freedom to keep the kirpan (sword), the grandmother to the Muslims, the Hindus to rest.

Article 26

It has collective religious freedom. Under this, Yagya, Havan, prayers are allowed on the road.

Article 27

Money kept for religious purposes is not taxed.

Article 28

Religious education will not be given in government funded institutions.

Remark –

Sanskrit is a language. Not the religious education of Hinduism, similarly Urdu and Arabic are one language. not the teachings of Islam. Therefore, the government madrassa is not a violation of Article 28.

Right to Culture and Education [Articles 29-30] Minorities

Article 29 – [Protection of interests of minorities]

It protects minorities. And it has been said that no minority can be barred from entering any institution on the basis of its language or culture.

Article 30 – [Protection of education of minorities)

If the minority is hesitant to take education among the majority. So minorities can open institutions of their choice. The government will also give money to him.

Article 31

It talks about ancestral property. Which is a fundamental right, but it was made a legal right by the 44th Constitutional Amendment 1978. and added to article 300(a).

Note

  • Article 19(VI) deals with acquired property. Whereas in 31 there is talk of ancestral property.
  • No one can take away the fundamental rights from us by the government or the public, whereas the public cannot take away the legal rights, but the government can take it away. For this the government brought the Land Acquisition Bill.

Right to constitutional remedies [Art. 32]

Article 32.

The Right to Constitutional Remedies Article 32 is said to be a fundamental right making the fundamental right a fundamental right. Because through this a person can directly go to the Supreme Court on the matter of abuse. The Supreme Court issues five types of writ petitions or orders.

Habeas Corpus – This is the biggest writ of personal liberty. It gives this order to the arresting officer. That he should be presented in the cum body court within 24 hours.

Paramadesh (Mendemus) – It means we give orders. When a co-operative employee does not work well. So it is issued on that.

Coercion (covariento) – When a person starts doing something for which he is not authorized. So there comes a question of authority to stop him.

Article 20 and 21 are the only such articles during Article 352 (National Emergency). which cannot be denied.

Prohibition – This upper court brings it to the lower court when the lower court has already ruled by violating its rights.

Certiorari – This is also brought by the Supreme Court to the Court lower than itself. When the lower court has violated its authority and has given its verdict.

Note –

  • Ambedkar called Article 32 the soul of the Constitution.
  • Which part is called the soul of the constitution? -Preface
  • These five types of writs can also be issued by the High Court under Article 226.

Article 33

In the interest of national security, Parliament can limit the fundamental right of military, media and spy.

Article 34

The martial law can be applied in any region of India. The court of the army is called Court Marshal. The most stringent Marshall law is AFSPA. [Axnel Forces Special Power Act]

Article 35

Discussion of the method of implementation of the Fundamental Right given in Part-3.

Fundamental Rights were divided into 7 categories. But at present there are 6 categories –

name of fundamental rightArticle
right to equality14-18
right to freedom19-22
right against exploitation23-24
right to freedom of religion25-28
Right to Education and Culture29-30
Property rights31 X
right to constitutional remedies32

Note –

  • Article 15, 16, 19, 29 and 30 are available only to Indians.
  • It is not a fundamental right to strike and drive a wheelbarrow because it violates the fundamental right of other people.
  • Permanent housing and compulsory employment is not a fundamental right.
  • Right to vote is a political right not a fundamental right.
  • The President suspends the Fundamental Right for some time.
  • Parliament permanently restricts Fundamental Rights. The defenders of fundamental rights are called SC-32 and HC-226.

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