FUNDAMENTAL RIGHTS
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QUICK FACTS FROM FUNDAMENTAL RIGHTS
- Derived from the Constitution of USA - Included inwards Part III of the Indian Constitution in addition to rightly described equally the “Magna Carta” in addition to likewise sometimes the “Cornerstone” of the Indian Constitution.
- Fundamental Rights are protected in addition to guaranteed past times written constitution - In violation of Fundamental Rights ane tin straight approach Supreme court.
- A citizen must discovery the Fundamental Duties [ Part IV (A) ] of the Indian Constitution for having the Fundamental Rights of that citizen redressed inwards representative of their violation.
- Original, the Constitution had 7 Fundamental Rights - Amount them, Right to Property has been deleted past times the 44th Amendment Act, 1978.
- Right to Property is at ane time a legal correct nether Article 300-A inwards Part XII of the Constitution.
- Parliament has the might to meliorate whatsoever provision of the Fundamental Rights - However Parliament’s amending might subjects to the “Basic construction of the constitution”.
- State may deny around of the Fundamental Rights to a cast of people - For ex – Armed forces, Paramilitary personnel, Police forces etc, - For the national safety in addition to integrity.
- Fundamental Rights are discipline to surely restrictions imposed past times the seat down on the enquiry of national security, involvement in addition to full general welfare of the social club - But restrictions are checked past times SC & HC”s,
- Fundamental Rights render protection entirely against seat down activeness - Not against a private private except rights pertaining to abolition of untouchability & rights against exploitation.
- Fundamental Rights cannot last amended without amending the constitution itself (i.e. past times exceptional majority).
FUNDAMENTAL RIGHTS IN INDIA
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural & Education Rights
- Right to Constitutional Remedies
RIGHT TO FREEDOM OF RELIGION ( ARTICLE 25 - 28 )
- Article 25: Freedom of Conscience in addition to Free Propagation, Practice in addition to Profession of Religion
These Rights are subjected to populace order, morality, wellness in addition to other provisions relating to Fundamental Rights.
The seat down is permitted to regulate or throttle whatsoever economic, financial, political or other secular activity associated alongside religious practice.
- Article 26: Freedom to Manage Religious Affairs
Rights to :
- To institute in addition to keep institutions for religious in addition to charitable purposes,
- To cause orbit its ain affairs inwards matters of religion,
- To ain in addition to laid about movable or immovable property, and
- To administer such belongings inwards accordance alongside the law.
- Article 27: Freedom From Taxes For Promotion Of Any Particular Religion
No mortal shall last compelled to pay whatsoever taxes for the advertisement or maintenance of whatsoever item religion.
This provision prohibits State from favoring, patronising in addition to supporting ane faith over another.
- Article 28: Freedom from Attending Religious Instructions
No religious instructions shall last provided inwards educational institutions wholly maintained past times the state.
No restrictions on religious instructions inwards institutions established nether whatsoever trust or endowment.
CULTURAL AND EDUCATIONAL RIGHTS ( ARTICLE 29 - 31 )
- Article 29: Protection of Interest Of Minorities
Right to conserve his culture, script in addition to linguistic communication in addition to tin institute educational institutions for the same.
No citizen tin last denied admission to whatsoever educational establishment maintained past times the seat down or receiving assistance out of seat down fund on grounds of religion, race, cast or linguistic communication only.
- Article 30: Right of Minorities to Establish in addition to Administer Educational Institutions
All minorities whether based on faith or linguistic communication entirely shall convey the correct to institute in addition to administer educational institutions of their choice.
RIGHT TO CONSTITUTIONAL REMEDIES ( ARTICLE 32 )
B. R. Ambedkar called this article ”the pump in addition to soul of the Constitution” in addition to said that without this article Constitution would last nullity.
To enforce the Fundamental Rights, the Supreme Court is empowered, nether Article 32, to number writs of diverse forms.
The Supreme Court nether Article 32 in addition to the High Court nether Article 226, tin number the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, in addition to Quo-warranto.
These writs are borrowed from the British Constitution.
- Habeas Corpus
It literally agency ‘to convey a body’ that is yo create earlier the courtroom - This writ protects the personal freedom of an private against the activeness of both State in addition to private individual.
- Mandamus
It literally agency 'command’ - Issued against a populace authorisation or an officeholder in addition to inferior courts - For move of enforcing legal rights only.
- Prohibition
It literally agency “to forbid” or “to stop” in addition to popularly known equally 'Stay Order' - Issued past times the higher courtroom to the lower courtroom or the quasi-judicial bodies - When the afterward move past times their judicial authority.
- Certiorari
It literally agency 'to last certified’ or 'to last informed’ - Issued to quash the monastic tell of a lower courtroom or the determination of a tribunal inwards excess of its jurisdiction.
- Quo Warranto
It literally agency 'what is your authority’ - Issued to ensure that the mortal holding a populace component is qualified to agree the office.
Article 33: Parliament has the might to alter the Fundamental Rights inwards their application to enforce.
Article 34: Restriction on rights conferred past times this component spell martial constabulary is inwards forcefulness inwards whatsoever area.
Article 35: Legislation to given final result to the provision of this part.
RIGHTS OUTSIDE PART III ( NON - FUNDAMENTAL RIGHTS )
These are known equally Constitutional Rights or Legal Rights or Non-Fundamental Rights.
Contained inwards other parts of the Constitution. They are -
- No taxation shall last Levi's levied or collected except past times authorisation of constabulary - Article 265 ( Part XII )
- No mortal shall last deprived of his belongings - Article 300 ( Part XII )
- Trade, commerce in addition to intercourse throughout the territory of Bharat shall last gratis - Article 301 ( Part XII )
- The election to the Lok Sabha in addition to the State legislative assembly shall last on the footing of adult suffrage - Article 326 ( Part XV )
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