Know Your Fundamental Rights

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Equality, secularism, and rule of law aren’t the gifts of any government, they’re fundamental rights that Indian citizens give to themselves under the Constitution. the elemental rights within the Constitution span the proper to equality, right against exploitation, right to freedom of faith, cultural and academic rights, and therefore the right to constitutional remedies.

Earlier there have been seven fundamental rights but after Right to Property (Article 31) was deleted as of a fundamental right by 44th Amendment and now’s a right under Article 300 A of the Constitution of India. Right to Education (Article 21 A) was added because the Fundamental Right by 86th Amendment Now, there are six fundamental rights within the Indian Constitution and that they are as follows:

  • Right to Equality (Article 14 to 18)
  • Right to Freedom (Art. 19-22)
  • Right against Exploitation (Art. 23 & 24)
  • Right to Freedom of faith (Art. 25-28)
  • Cultural and academic Rights ( Art. 29 & 30)
  • Right to Constitution Remedies (Art. 32)

1. Right to Equality :

  • Article 14 lays down equality before the law and equal protection of laws.
  • Article 15 lays down the Prohibition of discrimination on the bottom of faith, race, sex, place of birth, or caste
  • Article 16 lays down equality of opportunity just in case of public employment.
  • Article 16 lays down equality of opportunity just in case of public employment.
  • Article 18 lays down the abolition of titles apart from Military and Academic.

2. Right to Freedom:

Article 19 lays down the proper freedom of

  • Speech and Expression
  • Assembly
  • Association
  • Association
  • Association
  • Profession

Article 20 lays down protection in respect of conviction for offenses.

Article 21 lays down the proper Protection of Life and private Liberty.

Article 21 A lays down the proper to education because of the Fundamental Right.

Article 22 lays down the protection against arrest and detention in certain cases.

Also Read: Access to Justice- An Invaluable Fundamental Right

3. Right against Exploitation

  • Article 23 lays down the prohibition on Human Trafficking and made Labour
  • Article 24 lays down the prohibition on the utilization of youngsters in factories

4. Right to Freedom of faith 

  • Article 25 deals with the liberty of conscience and free profession, practice, and propagation of the faith.
  • Article 26 lays down the liberty to manage religious affairs.
  • Article 27 lays down the proper to freedom from paying any taxes for the promotion of any religion.

5. Cultural and Academic Rights

  • Article 30 lays down the proper of minorities to determine and administer educational institutions.

6. Right to Constitutional Remedies

Article 32 lays down the Right to Constitutional Remedies and is additionally called because of the Heart and Soul of the Constitution. just in case of violation of any of the elemental Rights, Article 32 gives the proper to maneuver to the Supreme Court for the enforcement of the rights by the way of following writs

  • Mandamus
  • Habeas Corpus
  •  Prohibition
  •  Certiorari
  •  Quo Warranto

Also Read: Right To Information Act- An Overview

Other Provisions concerning Fundamental Rights

  • Article 33: Article 33 deals with the facility of the Parliament to switch the rights partially III in application to Forces etc.
  • Article 34: Article 34 deals with the restriction on rights conferred by this Part while the law is effective in any area
  • Article 35: Article 35 deals with the legislations to offer effect to the present a part of the Constitution i.e. Part III

CASE LAW :

A.K. Gopalan v. State of Madras (AIR 1950 SC 27).

The View of the Court

The Court held the elemental Rights would work in "silos" i.e. one right can’t be
tested against another (an interpretation which was later overturned in the Bank Nationalization case), and secondly, that “law” under Article 21 was to be enacted as per proper procedure (which the Court held had been wiped out this case). This view was overturned in the Maneka Gandhi case, where it had been held that a “substantive due process” is required for laws to be enacted.

What Article 22 Says

Article 22 of the Constitution puts a limit to how detention has got to be administered. As per 22(2)- anyone detained has got to be produced before a magistrate within 24 hours.

Article 22(4) says that nobody shall be detained for quite three months unless a planning board has reviewed their detention or they need been detained under a law passed under 22(7). Using its power to pass a law under Article 22(7), the Parliament ended up passing a law for nearly all categories of detention it had the legislative authority for, that too without prescribing a maximum period of detention.

The Interpretation of Article 22

The majority in A.K. Gopalan said that the law was validly passed, and thus the Court couldn’t intervene. However, as pointed by Gautam Bhatia in this lecture, Article 22 was meant to be a safeguard for the individual instead of to legitimize preventive detention. This was held by the dissenting judge during a.K.Gopalan, and also finds mention within the Constituent Assembly Debates. Thus, Article 22(7), i.e. detention of quite three months without a review, was meant to be an exception. However, due to this interpretation by the legislature and subsequently the court, the exception resulted in becoming the norm

To know more on the Right to Information Act, 2005 write to us at easykanoon@gmail.com.

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