FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION-RIGHT TO FREEDOM
- 1. Dr.M.SUGIRTHA Associate Professor of Political Science Annamalai University, Chidambaram Tamilnadu, INDIA
- 2. FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION RIGHT TO FREEDOM By Dr.M.SUGIRTHA Associate Professor of Political Science Annamalai University (on Deputation) Government Arts College, Tiruchirappalli - 22 TAMILNADU, INDIA
- 3. Right to Freedom Article 19: Protection of Six Rights Article 19 (1) : Right to Information Article 20: Protection in respect of Conviction for Offences Article 21: Protection of Life and Personal Liberty Article 21A: Right to Education Article 22: Protection Against Arrest and Detention Dr.M.SUGIRTHA
- 4. Article 19: Protection of Six Rights Six Rights •Freedom of Speech and Expression •Assemble Peaceably and without Arms •Form Associations or unions or Co-operative societies •Move freely throughout the territory of India •Reside and settle in any part of India •Practise any profession/occupation, trade or business Dr.M.SUGIRTHA
- 5. Article 19: Protection of Six Rights • Art. 19(1 )(a) Right to freedom of speech and expression. • It is the right to express one’s views openly and freely without any fear through: • oral means • written means • electronic media • broadcasting/press, etc. • In modern times, it covers blogs and websites too. Dr.M.SUGIRTHA
- 6. Article 19: Limitations • Freedom of speech and expression is subject to various limitations on grounds of: • Sovereignty and integrity of state • Security of state • Friendly relations with foreign states • Public order • Morality or decency • Contempt of court • Defamation • Incitation for an offence Dr.M.SUGIRTHA
- 7. Article 19: Protection of Six Rights • Art.19(1)(b) Right to freedom of assembly peacefully and without arms • Subject to sovereignty and integrity of India and morality. • Art.19(1)(c) Right to form association, union or co-operative society. Such association or union can be formed for religious, political, social or cultural objective. • Subject to morality, decency, and public order. • Right to form co-operatives has been incorporated under Art. 19(1)(c) by 97th Amendment Act Dr.M.SUGIRTHA
- 8. Article 19: Protection of Six Rights • Art. 19(1)(d) Right to freedom of movement throughout the territory of India, • Subject to interests of scheduled tribes and general public • Art. 19(1)(e) Right to freedom of residence and settlement throughout the territory of India, • Subject to interests of scheduled tribes and general public Article 370 restricted citizens from other Indian states and Kashmiri women who marry men from other states from purchasing land or property in Jammu & Kashmir. Article 370 is no longer applicable in the Union territories of Jammu & Kashmir and Ladakh from 6 August 2019. Dr.M.SUGIRTHA
- 9. Article 19: Protection of Six Rights • Art. 19(1)(f) This article was deleted by 44th Amendment Act and has been inserted under Article 300A. • Art 19(1)(g) Guarantees right to practice any profession, occupation, trade, or business of one’s choice • Subject to interest of general public • Moreover, State can acquire any business partially or even completely in the interest of general public. Dr.M.SUGIRTHA
- 10. Right to Information • Right to information has been given the status of a fundamental right under Article 19(1) of the Constitution in 2005 • Right to know how the government works, what roles it plays, what its functions are, and so on • The Right to Information Act passed in 2005 • This law was passed by Parliament on 15 June 2005 and came into force on 12 October 2005 Dr.M.SUGIRTHA
- 11. Importance of the Right to Information Act • Empowers people to ask for information about central, state governments including non- governmental organizations • Gives citizens of India the tools to fight against corruption • Arms individuals with information • Gives citizens the right to ask for information and decide, based on the information received, whether their constitutional rights have been met Dr.M.SUGIRTHA
- 12. Right to Information Act The basic objective of the Right to Information Act: To empower the citizens To promote transparency and accountability in the working of the Public Authorities To contain corruption To make our democracy work for the people in real senseDr.M.SUGIRTHA
- 13. Right to Information Act Right to: Inspect works, documents, records Take notes, extracts or certified copies of documents or records Take certified samples of material Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts
- 14. Right to Information Act Public Information Officers (PIOs) • Public Information Officers (PIOs) are “to provide information to persons requesting information under this Act.” Process to request for information • A person can request information in writing or through electronic means in English, Hindi or in the official language of the area • The application can be made to the Central Public Information officer, State Public Information Officer, Central Assistant Public Information Officer, or State Assistant Public Officer depending on the case. Dr.M.SUGIRTHA
- 15. Penalty Provisions A penalty of Rs.250 up to a maximum of Rs.25,000 will be issued to any Public Information Officer on the following grounds: •Refusing to receive an application for information •Not furnishing information within the specified time •Denying request for information in bad faith •Destroying information requested •Obstructing access to information Dr.M.SUGIRTHA
- 16. Article 20: Protection in respect of Conviction for Offences • Protection against arbitrary and excessive punishment to an accused person 3 Provisions No self-incrimination No Double jeopardy No ex-post-facto laws Dr.M.SUGIRTHA
- 17. 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 • Gopalan case (1950) • Protection against arbitrary executive action and not from arbitrary legislative action • Menaka case (1978) • Protection against both arbitrary executive and legislative action • Personal liberty can be deprived if the Law is reasonable, fair or just • Supreme Court reaffirmed 34 rights under Article 21 Dr.M.SUGIRTHA
- 18. Article 21 A: Right to Education • State shall provide free and compulsory education to all children (Age 6 to 14) • 86th Constitutional Act of 2002 – ‘Education to All’ • Before this amendment, it was under Article 45 in Part IV • 1993, Supreme Court recognised a Fundamental Right in right to life (Article 21) • Right of Children to Free and Compulsory Education (RTE) Act, 2009 • Full time elementary education of satisfactory and equitable quality Dr.M.SUGIRTHA
- 19. Article 22: Protection against Arrest and Detention • Protection to persons who are arrested or detained • Two types • Punitive – Punish a person for an offence committed by him • Right to be informed of the grounds of arrest; consult with legal practitioner • Produced before Magistrate within 24 hours; Released after unless magistrate authorises • Preventive – Detention of a person without conviction by a court • Cannot exceed 3 months unless having a sufficient cause • Should afford opportunity to make representation against the detention order Dr.M.SUGIRTHA
- 20. References • 1. Durga Das Basu, Introduction to the Constitution of India, Gurgaon: LexisNexis, 2013. • 2. M.Laxmikanth, Indian Polity, New Delhi: McGraw Hill Education Pvt. Ltd., 2014.
- 21. THANK YOU