FUNDAMENTAL RIGHTS
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QUICK FACTS FROM FUNDAMENTAL RIGHTS
- Derived from the Constitution of USA - Included inward Part III of the Indian Constitution in addition to rightly described equally the “Magna Carta” in addition to equally good 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 sack direct approach Supreme court.
- A citizen must detect the Fundamental Duties [ Part IV (A) ] of the Indian Constitution for having the Fundamental Rights of that citizen redressed inward 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 straightaway a legal correct nether Article 300-A inward Part XII of the Constitution.
- Parliament has the mightiness to meliorate whatever provision of the Fundamental Rights - However Parliament’s amending mightiness subjects to the “Basic construction of the constitution”.
- State may deny roughly of the Fundamental Rights to a bird of people - For ex – Armed forces, Paramilitary personnel, Police forces etc, - For the national safety in addition to integrity.
- Fundamental Rights are bailiwick to for sure restrictions imposed past times the province on the query of national security, involvement in addition to full general welfare of the club - But restrictions are checked past times SC & HC”s,
- Fundamental Rights supply protection solely against province activity - Not against a private private except rights pertaining to abolition of untouchability & rights against exploitation.
- Fundamental Rights cannot live on 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 EQUALITY ( ARTICLES xiv - xviii )
- Article 14: Equality earlier constabulary & equal protection of laws
Exception:
President, Governor, Ambassadors, in addition to Foreign diplomats.
- Article 15: Right against Discrimination
Prohibits discrimination on the dry ground of caste, race, religion, gender activity or house of nascence only.
Empowers province to brand exceptional provisions for the advancement of whatever socially in addition to educationally backward classes of citizens or for the SC in addition to ST.
Empowers province to brand exceptional provisions for women in addition to children.
- Article 16: Equality of Opportunity
It provides for equality of chance for all citizens inward affair of populace employment.
Exception:
Residence tin sack live on made a restriction.
Special favours tin sack live on given to the backward classes.
Religious posts inward religious institutions taken over past times State, are reserved for the people of same religion.
- Article 17: Abolition of Untouchability
“Untouchability” is abolished in addition to its do inward whatever shape is forbidden.
Untouchability Offence Act, 1955 prescribes penalty for do of untouchability.
This Act was farther amended in addition to renamed equally Civil Rights Protection Act inward 1976.
- Article 18: Abolition of Titles
Prohibits the province to confer titles to anyone citizen or non-citizen.
Influenza A virus subtype H5N1 citizen cannot cause got anytitle from whatever unusual states.
Hereditary titles of nobility similar Maharaja, Diwan etc, which were conferred past times colonial states are banned.
Exception:
Military in addition to Academic.
RIGHT TO FREEDOM ( ARTICLE nineteen - 22 )
This Article Guarantees Six Fundamental Rights -
- Article 19.1: Right To Freedom of Speech in addition to Expression
Right to limited his views, opinions, belief in addition to conviction freely past times give-and-take of mouth, writing, printing, picturing or inward whatever other manner.
Right to propagate views of others.
Right against smasher called past times political party.
Right to know almost authorities activities.
Freedom of silence.
Right against tapping of telephonic conversation.
Freedom of press in addition to commercial advertisement.
- Article 19-2: Right to Freedom of Assembly
Right to gather peacefully in addition to without arms.
Exception:
Assembly must live on peaceful in addition to unarmed.
Assembly must live on peaceful in addition to unarmed.
Further reasonable restrictions tin sack live on imposed on the grounds of sovereignty in addition to integrity of Republic of Republic of India - And populace monastic say including the maintenance of traffic inward the area.
- Article 19-3: Right to Freedom to Form Associations / Unions / Co-operative societies
Exception:
Armed forces, Police force, Military etc.
State tin sack impose reasonable restrictions on grounds of sovereignty in addition to integrity of India, populace monastic say in addition to morality.
- Article 19-4: Right to Freedom of Movement
Citizen tin sack motion freely from ane province to roughly other or from ane house to roughly other inside a state.
Exception:
Reasonable restrictions tin sack live on imposed on 2 grounds - (1) involvement is full general public, in addition to (2) protection of involvement of whatever scheduled tribes.
- Article 19-5: Right to Freedom of Residence
Right to reside or settle inward whatever utilisation of the province ( temporary or permanent).
Exception:
Reasonable restrictions tin sack live on imposed on 2 grounds - (1) involvement is full general public, in addition to (2) protection of involvement of whatever scheduled tribes.
- Article 19-6: Right to Freedom of Profession
Right to do whatever profession or to bear on whatever occupation, merchandise or business.
- Article 20: Protection inward Respect of Conviction for Offences
Ex Post Facto Law:
No someone shall live on convicted of whatever offence except for “violation of law” inward forcefulness at the time.
Double Jeopardy:
No someone shall live on prosecuted in addition to punished for the same offence to a greater extent than than once.
Self-Incrimination:
No someone defendant of whatever offence shall live on compelled to live on witness against himself.
- Article 21: Protection of Life in addition to Personal Liberty
Article 21 has learn the “Foundation Stone” of Part III of the Constitution. The Supreme Court declared the next Rights equally utilisation of Article 21 -
- Right to alive alongside human dignity
- Right to livelihood
- Right to privacy
- Right to shelter, health, complimentary legal aid, go abroad, emergency medical aid, fair trial.
- Right to information
- Right to complimentary teaching upto xiv years of age.
- Right against lonely confinement, handcuffing, inhuman treatment, delayed execution, bounded labour, custodial harassment.
- Article 21-A: Right to Education
State shall function past times complimentary in addition to compulsory teaching to all children of historic catamenia half dozen to xiv years - Only simple teaching is a Fundamental Right in addition to non the higher or professional person education.
Added past times the Constitutional 86th Amendment Act, 2002.
- Article 22: Right to Protection Against Arrest in addition to Detention
The potency cannot arrest or detain a someone without informing him/her off the grounds for such arrest or detention.
Person arrested shall live on brought earlier magistrate inside 24 hours of arrest.
Some of the Preventive detention acts enacted past times parliament are NASA, TADA, MISA, COFEPOSA, POTA, Preventive Detention Act.
RIGHT AGAINST EXPLOITATION ( ARTICLE 23 & 24 )
- Article 23: Right Against Traffic inward Human Beings, Begging And Forced Labour
The aspect ‘Traffic inward Human Beings’ agency selling in addition to buying men, women in addition to children similar goods.
One shall non live on forced to supply labour or forced service against his volition fifty-fifty if remuneration is paid.
- Article 24: Prohibition Of Employment Of Children Below xiv Years Of Age, In Hazardous Activities Like Factory, Mine, Construction Work Or Railway
The Child Labour ( Prohibition in addition to Regulation ) Act, 1986 has been passed on this regard.
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