Fundamental Rights - Fundamental Rights new
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Fundamental Rights - Fundamental Rights new
Fundamental Rights - Fundamental Rights new
- 2. Why fundamental Rights are Fundamental? To Develop his personality and to establish his dignity in the social and political life, a citizen must have these right. According to article 13(2) of the Constitution ,the state can not make any law, rule ,regulation or issue an order in violation of any of the fundamental rights. Fundamental rights can never be suspended in normal circumstances. They can be suspended only in extraordinary situation when emergency proclaimed under Article 352.
- 3. How many Fundamental Right in Indian Constitution at present There are six fundament rights Right to Equality (Articles-14-18) Right to Freedom(Articles 19-22) Right against Exploitation (Articles 23-24) Right to freedom of Religion(Articles 25-28) Cultural and Educational Rights (Articles 29-30) Right to Constitutional Remedies (Article32)
- 6. Right Against Exploitation Article 23 – Prohibition of traffic in human beings and forced labour Article 23(1): Traffic in human beings and the beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law. Article 23(2): Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. Article 24 – Prohibition of employment of children in factories, etc.
- 7. Right Against Exploitation Laws that were passed in pursuance of Article 24 in India. The Factories Act, 1948 The Mines Act of 1952 The Child Labour (Prohibition and Regulation) Act, 1986 Child Labour (Prohibition & Regulation) Amendment Act, 2016 Child Labour (Prohibition and Regulation) Amendment Rules, 2017
- 8. Right to Freedom of Religion Article 25 (Freedom of conscience and free profession, practice, and propagation of religion) Article 26 (Freedom to manage religious affairs) Article 27 (Freedom as to payment of taxes for promotion of any particular religion) Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational institutions)
- 9. Cultural and Educational Rights Article 29 – Protection of Interests of Minorities This article is intended to protect the interests of minority groups. Article 29(1): This provides any section of the citizens residing in India having a distinct culture, language, or script, the right to conserve their culture, language and script. Article 29(2): The State shall not deny admission into educational institutes maintained by it or those that receive aid from it to any person based only on race, religion, caste, language, or any of them.
- 10. Cultural and Educational Rights Article 30 – Right of Minorities to Establish and Administer Educational Institutions This right is given to minorities to form and govern their own educational institutions. Article 30 is also called the “Charter of Education Rights”. Article 30(1): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice. Article 30(2): The State shall not, when granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
- 11. Right to Constitutional Remedies Fundamental rights are the rights that grant individuals equality in every aspect irrespective of race, colour, caste, religion, birthplace, or gender. These rights are mentioned under Articles 12 to 35 of the Indian Constitution. There are pre-defined punishments in case of violation of these rights at the discretion of the judiciary. What is a Writ? Writs are written orders issued by the Supreme Court of India to provide constitutional remedies to protect the fundamental rights of citizens from a violation.
- 12. Right to Constitutional Remedies Type of Writs The Constitution empowers the Supreme Court and High Courts to issue orders or writs. The types of writs are: • Habeas Corpus • Certiorari • Prohibition • Mandamus • Quo Warranto