READ ABOUT FUNDAMENTAL RIGHTS IN INDIA
• Article 12 Definition of 'State'. Which includes the Government and Parliament of India. The State Govenment, legislative assemblies and all local or other authorities within the territory of India as under the control of Government of India.
• Article 13 Laws inconsistent with or in derogation of the Fundamental Rights.
TYPES OF FUNDAMENTAL RIGHTS
Fundamental Rights are six in numbers viz
(1) Right to Equality (Articles 14 to 18)
• Article 14 Equality before law and equal protection of Law.• Article 15 Prohibition of discrimination on grounds of religion, race, caste sex or place of birth.
(ii) Right to Freedom (Articles 19 to 22)
Article 19 It guarantees to the citizen of India. Six fundamental freedoms which are as follow
i. Freedom of speech and expression (freedom of press, media).
ii. To assemble peacefully and without arms.
iii. To form association or unions.
iv. To move freely throughout the territory of India.
v. To reside and settle in any part of the territory of India.
vi. Freedom to choose any profession and business.
• Article 20 It gives protection in respect of conviction for offences.
• Article 21 It gives protection of life and personal liberty to both citizens and non-citizens. Articles 20 and 21 remain in force even during emergency.
• Article 21 (A) Right to education from age 6 to 14 years made a Fundamental Right by 86th Constitutional Amendment, 2002.
• Article 22 It entails protection against arrest and detention in certain cases. This right is not available to an enemy alien and a person arrested or detained under a law providing preventive detention (detention of a person without trial).
iii) Right Against Exploitation (Articles 23 and 24)
• Article 23 It entails prohibition of traffic in human beings and forced labour.
• Article 24 No child below the age of 14 can be employed in factories or mines or in hazardous employment
(iv) Right to Freedom of Religion (Articles 25 to 28)
• Article 25 Freedom of conscience and free profession, practice and propagation of religion.
• Article 26 Freedom to manage religious affairs.
• Article 27 Freedom from payment of taxes for promotion of any particular veligion.maiюрод
• Article 28 It prohibits any religious instruction in educational institutions wholly maintained by state funds. In other institutions aided and recognised by the state, every person will be free not to participate in religious instruction or worship.
(v) Cultural and Educational Rights (Articles 29 to 30)
• Article 29 It allows every community to conserve its distinct language, script or culture. It also bars disallowing a citizen admission to any educational institution maintained or aided by the state only on grounds of religion, race, caste or language.
• Article 30 Right of minorities to establish and administer educational institutions.
(vi) Right to Constitutional Remedies
• Article 32 It provides the right to the citizens to move to the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights and it empowers the Supreme Court to issue directions or writs for the enforcement of the Fundamental Rights. The writs include Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, Dr BR Ambedkar termed the Right to Constitutional Remedies as the heart and soul of the Constitution.
•Article 33 Enables Parliament to modify Fundamental Rights in relation to military or para-military forces IT police forces and analogous forces.
• Article 34 Empowers Parliament to make any law for indemnifying any person for acts done during the operation of of martial law.
• Article 35 This article provides for powers to make laws on certain articles in this part only on the Parliament and excludes the state legislatures jurisdiction from them.
Right to Property
• Article 31 Right to Property, repealed by the 44th Amendment Act, 1978. Now, it is only a legal right.
Right to Information
• Right to information has been granted to every citizen of India under RTI Act, 2005 which came into force on 12th October, 2005.
• It is not a Fundamental Right, it entails a clause for penalty in case of delay in giving information to the applicant.
• Information Commission has been set-up at central and state levels to oversee the implementation of the act.
