Fundamental Rights
(Part III ART - 12-32)
What is meant by Fundamental Rights?
- Influenced by French Declaration of Rights, bill of right of American constitution, UDHR.
- Fundamental Rights are guaranteed by the constitution to all persons without ant discrimination.
- Generally, Rights can be classified into
1. Moral Right
2. Legal Right
3. Fundamental Right
For Part - 1, Please click the below link
>> Text
Classification Of Fundamental Rights
- How many Fundamental Rights are there?
Originally, the constitution provided 7 fundamental rights, i.e.
| 1 | RIGHT TO EQUALITY | ART - 14-18 |
| 2 | RIGHT TO FREEDOM | ART - 19-22 |
3
| RIGHT AGAINST EXPLOITATION | ART - 23-24 |
| 4 | FREEDOM OF RELIGION | ART - 25-28 |
| 5 | CULTURAL & EDUCATION RIGHTS | ART - 29-30 |
| 6 | RIGHT TO PROPERTY | ART - 31 |
| 7 | RIGHT TO CONSTITUTIONAL REMEDIES | ART - 32 |
NOTE:-
Right to property was deleted from the Fundamental Rights by 44th Amendment Act, 1978. It is made a legal right under Article 300A in Part XII of the constitution. At present, 6 Fundamental Rights.
1. Right To Equality
Art - 14 >>> Equality before Law
- Right prohibits any discrimination against any citizen on ground of Religion, Race, Caste, Place of Birth, etc.
2 concepts, i.e.
1. Equality before the law
2. Equal protection of law
NOTE >>> 'RULE OF LAW' - concept prof. DICEY - ENGLAND
Art - 15 >>> Prohibition of Discrimination
Art - 16 >>> Equal opportunity in matters of public employment
Art - 17 >>> Abolition of untouchability
Art - 18 >>> Abolition of titles
2. Right To Freedom
Art - 19 >>> Protection of certain rights regarding freedom of speech & expression, to form association or union, move freely throughout the territory of India. Etc...
Art - 20 >>> Protection in respect of conviction of offences.
Art - 21 >>> Protection of life and personal liberty
Art - 22 >>> Protection against arrest & detention in certain cases.
3. Right Against Exploitation
Art - 23 >>> Prohibition of traffic in human beings and forced labor
Art - 24 >>> Prohibition of employment of children in factories
4. Freedom Of Religion
Art - 25 >>> Freedom of conscience and free profession practice and propagation of religion
Art - 26 >>> Freedom to manage religious affairs
Art - 27 >>> Freedom as to payment of taxes for promote of any particular religion
Art - 28 >>> No religious instruction shall be provided in any educational institution
5. Cultural & Educational Right
Art - 29 >>> Protection of interest of minorities profession practice & propagation of religion
Art - 30 >>> Right to minorities to establish and administer, education institution
6. Right To Constitutional Remedies
Art - 32 >>> WRITS (Rights) are 5
1. HABEAS CORPUS
2. MANDAMUS
3. CERTIORARI
4. PROHIBITION
5. QUO - WARRANTO
- Supreme Court is the protector or guarantor of the Fundamental Rights
Directive Principles Of State Policy (DPSP)
(Part IV ART 36 TO 51)
What is called by Directive Principles of State Policy?
- Borrowed from Ireland (Irish) constitution
- Originally borrowed from Spain constitution
- Aim to establish a welfare state
- DPSP are in the nature of general direction or instruction to the state which directs the various agencies while making policy
Classification Of DPSP
- What are the classifications of DPSP?
Art - 36 >>> the various govt agencies can utilize the principle
Art - 37 >>> Application of the principles
- DPSP can be classified into 4 categories
1. Socialist Principles (Art - 38, 39, 41, 42, 43, 43A, 47)
2. Gandhian Principles (Art - 40, 43B, 46, 47A, 48)
3. Liberal Principles (Art - 44, 45, 48, 48A, 50, 51)
4. General Principles (Art - 49)
NOTE :-
Art - 39,43A, 48A were added to the DPSP
1. Socialist Principles
Art - 38 >>> To secure a social order for the promotion of welfare of the people in order by which justice - social, economic & political and to minimize inequalities in income status & opportunity
Art - 39 >>> Principles of policies to be followed by the state
- Adequate means to livelihood for all citizens
- There is equal pay for equal work for both men & women
- Citizens are not forced into any work unsuitable to their age
Art - 41 >>> to ensure right to work, to education and the public assistance in case of unemployment old age & disablement
Art - 42 >>> Provide for just and human condition of work and for maternity relief
Art - 43 >>> To secure a living wage, a decent standard of life, social & cultural opportunity for all workers
Art - 44A >>> To secure the participation of workers in the management of industries
Art - 47 >>> To raise the level of nutrition and to improve the public health
2. Gandhian Principles
Art - 40 >>> to function of local self-government an organization of village panchayats
Art - 43B >>> To promote cottage industries on an individual in rural areas
Art - 46 >>> To promote the education to SC's, ST's and other weaker section of the society
Art - 47A >>> To prohibit the intoxicating drinks & drugs which are injurious to health
Art - 48 >>> Organization of agricultural and animal husbandry
3. Liberal Principle
Art - 44 >>> To secure to all citizen a uniform civil code / common civil code. It means a codified law applicable to all persons of India irrespective of their religion and caste differences, which is applicable to law dealing with marriage and divorce
Art - 45 >>> Provision to education below the age of 6 years
Art - 48A >>> To protect and improve the environment and to safeguard forest and wild life
Art - 50 >>> Separate the executive from judiciary
Art - 51 >>> Promote of international peace and security
4. General Principles
Art - 49 >>> Protection of monuments and place and objects of National importance
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