Fundamental Rights of indian constitution.pdf

FUNDAMENTAL RIGHTS
Presented BY : Rutuja wankhade
Department of Social Work
Reg. no. :

CONTENT
❑ Introduction
❑ Fundamental Rights
❑ Why it is important ?
❑ Criticism of FR
❑ Summery
❑ References

INTRODUCTION
Fundamental rights are enshrined under part III of the Indian constitution which was
adopted on 26th November 1949 but was put on use on 26th January 1950. These
Fundamental rights guarantee that every citizen of this nation can live a life of peace and
harmony throughout the territory of India and these were considered to be essential for
the development of each and every individual.
People of all race, religion, caste, or sex, have been given the right to move to the
Supreme Court or the High court for the enforcement of these rights. These
Fundamental rights are divided into seven categories which are covered from article 12
till Article 35 of the Indian constitution.

WHAT ARE THE FR ?
Right to
Equality
Right
against
exploitation
Cultural
and
education
rights
Right to
constitution
remedies

Article 12 : Definition of State
In this Part, “the State’’ includes the Government and Parliament of India and the Government
and the Legislature of each of the States and all local or other authorities within the territory of
India or under the control of the Government of India.
Article 13 : Laws against fundamental rights be declared void
1.All laws in force immediately before the commencement of this Constitution, if they are
inconsistent with the fundamental rights, shall be declared void.
2. The State shall not make any law which takes away the Fundamental Rights. Any such law
made shall be declared void.

Article 14 : Equality before law
The state shall not deny to any person equality before the law or equal
protection of the laws within the territory of India.
Article 15 : Prohibition of discrimination
State shall not discriminate against any citizen on basis of religion, sex, race, caste,
place of birth or any of them.
Right to Equality Article (14-18

Article 16 : Equality of opportunity in matters of public employment
There shall be equality of opportunity for all citizens in government employment . No
citizens shall based only religion, caste, sex, descent, place of birth, residence be discriminated
against in any government employment .
Article 17 : Abolition of Untouchability
Untouchability is abolished and its practice is forbidden. It is a punishable offence.
Article 18 : Abolition of Titles
No title , except military or academic title, shall be conferred.

Article 19 : Right to Freedom
a) to freedom of speech and expression;
b) to assemble peaceably and without arms;
c) to form associations or unions;
d) to move freely throughout the territory of India;
e) to reside and settle in any part of the territory of India;
f) *deleted*
g) to practice any profession, or to carry on any occupation, trade or business.
Right to Freedom Article (19-22)

Article 20 : Protection in respect of conviction for offences
(1) No person shall be convicted of any offence except for violation of a law in force.
(2) No person shall be punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
Article 21 : Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established
by law.
Article 21A: Right to education
It was added by the constitution 86th Amendment Act 2002
Article 22 : Protection against arrest and detention
No person shall be detained in police custody without being informed of the reasons. He has
the right to consult an advance of his choice

Article 23 - Prohibition of human trafficking and forced labour
(1) Human trafficking, beggar and all forms of forced labour are prohibited.
(2) State can impose compulsory service for public purposes.
Article 24 – Prohibition of child labour in factories
No child below the age of fourteen years shall be employed to work in any factory or mine
or engaged in any other hazardous employment.
Right against exploration Article (23-24)

Article 25 - Freedom to practice religion
1. Subject to public order, morality and health, all persons have freedom of conscience
and the right to profess, practice and propagate religion.
2. State can make laws –
(a) Regulating any financial, political or other secular activity which may be
associated with religious practice
(b) For social welfare or the throwing open of Hindu religious institutions to all
sections of Hindus.
Article 26 – Freedom to manage religious affairs
Subject to public order, morality and health, every religion has the right—
(a) To establish and maintain institutions for religious and charitable purposes;
(b) To manage its own affairs in matters of religion;
Right to freedom of religion article (25-28)

Article 27 - Freedom from payment of taxes for promotion of any
particular religion
No person shall be compelled to pay any taxes for the promotion of any particular
religion
Article 28 – Freedom from attendance at religious programme in
educational institutions
1. No religious instruction shall be provided in any educational institution maintained out
of State funds.
2. This shall not apply to an educational institution which is run by the State but has been
established by trust which requires that religious instruction shall be given.
3. No person attending any educational institution recognized by the State or receiving
State funds shall be required to take part in any religious programme unless such person
or, if such person is a minor, his guardian has given his consent

Article 29 - Protection of interests of minorities
1. Citizens having a distinct language, script or culture of their own shall have the right to
conserve the same.
2. No citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race, caste, language or
any of them.
Article 30 - Right of minorities to establish and administer educational
institutions
1. All minorities shall have the right to establish educational institutions.
2. 2. The State shall not, in granting aid to educational institutions, discriminate against any
educational institution on the ground that it is under the management of a minority.
Cultural and education rights (29-30)

➔ By Article 32, the Indian Constitution has made the Supreme Court [SC] the defender
and guarantor of the FRs of the citizen.
➔ This can be used by citizens only for enforcing the FRs and not for any other rights.
➔ Dr Ambedkar called Article 32 – ‘an Article without which this constitution would be
a nullity. It is the very soul of the Constitution and the very heart of it’.
➔ The Supreme Court has ruled that Article 32 is a basic feature of the Indian
Constitution and hence it cannot be taken away by an amendment.
➔ The constitution has provided the same power to all high courts too in Article 226.
So the citizen has the right to move either to SC or HC for their fundamental rights.
Constitution remedies article 32

Writs
It means written order by Courts. Five types of writs are mentioned in Article 32
1.Habeas Corpus – It is an order issued by the court to a person who has detained another
person, to produce him before the court. This writ is mostly used for protecting individual
liberty. This writ can be issued against both government and private individuals.
2. Mandamus - It means ‘we command’. It is a command issued by the court to a public official
asking him to perform his official duties that he has failed or refused to perform. This writ
cannot be issued against any private individual.
3. Prohibition - It means ‘to forbid’. It is issued by a higher court to a lower court to prevent it
from exceeding its jurisdiction.
4. Certiorari – It means ‘to be informed’. It is issued by a higher court to lower court either to
transfer a case pending with the latter to itself or to squash the order of the latter.
5. Quo Warranto – It means ‘by what authority’. It is issued by the court to check into the
claim of a person to a public office. It prevents the illegal usurpation of public office by a
person.

IMPORTANT OF FR
1. They constitute the bedrock of democratic system.
2. They protect Individual liberty.
3. They facilitate the establishment of rule of law in the country.
4. They protect the interests of minorities and weaker sections of society.
5. They promote secularism in the country.
6. They check the absolute power of government authorities.
7. They promote social equality and social justice.

CRITICISM OF FR
1. They are subject to many exceptions and restrictions. Hence it is said that the
constitution grants FRs with one hand and takes them away with the other.
2. They only consist of political rights and make no provision for important social and
economic rights like right to work etc.
3. The language used to describe FR is very complicated. It is said that the
Constitution was made by the lawyers for lawyers. Sir Ivor Jennings called the
Constitution of India a ‘paradise for lawyers’.
4. They are not permanent and the parliament can curtail or abolish them.
5. Fundamental Rights get suspended during national emergency and citizens are
deprived of their rights during that period.

Article 33 – Power of Parliament to modify the Fundamental Rights for
Armed Forces, etc.
Parliament may, by law, restrict fundamental rights to the following to ensure discipline —
(a) Members of the Armed Forces; or
(b) Members of the Forces charged with the maintenance of public order; or
(c) Persons employed in organization for purposes of intelligence
(d) Person employed in the telecommunication systems set up for the forces
Article 34 : Restriction on Fundamental Rights while martial law is in force in
any area
Parliament may by law protect any person for any act done by him while maintaining law and
order in an area where martial law was in force.
➔ Martial Law means ‘military rule’,
➔ It refers to a situation where civil administration is run by military authorities.
➔ The martial law is imposed in special conditions like war, invasion, rebellion or riot.

Article 34 : Restriction on Fundamental Rights while martial law is in force in any area
Parliament may by law protect any person for any act done by him while maintaining law and
order in an area where martial law was in force.
➔ Martial Law means ‘military rule’,
➔ It refers to a situation where civil administration is run by military authorities.
➔ The martial law is imposed in special conditions like war, invasion, rebellion or riot.
Article 35 – Power of Parliament to make laws
Only Parliament has the power to make laws as referred to in articles 16, 32, 33 and 34.

SUMMARY
The Indian constitution in part III given fundamental rights. It is the basic rights of Indian
people. Article 12 to 35 given in the constitution that can not be discriminate any people
basis of religion, caste, sex, race, birth of place . Who will discriminate the people he can
directly go to Supreme Court or High Court for his problem. These are the provision
giving the fundamental rights to the people. Nobody can violence fundamental rights
expect the emergency other wise that law will be void says article 13 in the Fundamental
rights.

REFERENCES
▪ The constitution of India ( 2019)
Government of India Ministry of law and justice legislative department
Page no. 25 to 33
▪ Fundamental Rights (2021)
Digital Nalanda Academy
▪ Introduction to Fundamental Rights
By Vedantu online platform

Fundamental Rights of indian constitution.pdf

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