<\/p>\n\n\n\n
What fundamental rights do we have as Indian citizens?<\/p>\n\n\n\n
Our Constitution makers in India were already aware of the importance of fundamental rights, so they included them in the India Constitution without debate in the very early Part 3 of the Constitution.<\/p>\n\n\n\n
Fundamental rights are fundamental because they are essential for the all-round development of individuals ( material, intellectual, moral, and spiritual).<\/p>\n\n\n\n
Inspired by the Constitution of the USA ( Bill of Rights) which was introduced on 4 July 1776, we have adopted fundamental rights in our Constitution in part 3. Part 3 of our Constitution is also known as the “Magna Carta of India”.<\/p>\n\n\n\n
Fundamental rights are “justiciable” in nature. They uphold the equality of individuals, the dignity of individuals, the larger public interest, and the unity of the nation. Fundamental rights are meant to promote the ideal of political democracy. They prevent the establishment of authoritarian and despotic rule in the country. Also to protect the liberties and freedoms of the people against the invasion of the state. In short, they are aiming at the establishment of “a government of law and not of men”. <\/p>\n\n\n\n
1. Some of the fundamental rights are available only to Indian citizens while some are available to the person whether citizens, foreigners, or legal persons like corporations or companies. <\/p>\n\n\n\n
2. They are not absolute, but qualified. The state can impose reasonable restrictions on them. These restrictions are decided by the court whether they are reasonable or not. <\/p>\n\n\n\n
3. They are available against the arbitrary action of the state. <\/p>\n\n\n\n
4. Some of them are negative in nature or character, that is, they place limitations on the authority of the state.<\/p>\n\n\n\n
5. They are justiciable in nature. Allowing the person to move the court for their enforcement, if and when they are violated. <\/p>\n\n\n\n
6. They are defended and guaranteed by the supreme court. That is, the victim can directly reach the supreme court for his or her redressal, and the supreme court issues writs with appropriate needs according to the case. <\/p>\n\n\n\n
7. They are not sacrosanct or permanent. The Parliament can curtail or replace them, but only by the Constitution Amendment Act, and not by an ordinary act. <\/p>\n\n\n\n
8. They can be suspended during the National Emergency, except for the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when the emergency is declared on the ground of war or external aggression and not on the ground of ( internal emergency) armed rebellion. <\/p>\n\n\n\n
9. Most of them are self-executory, i.e., directly enforceable, while a few can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by Parliament and not by the State Legislature. <\/p>\n\n\n\n
Part 3 has 24 articles (from Article12 to 35) which were explained below: <\/p>\n\n\n\n
Article 12: It defines the definition of a state. According to it, any executive and legislative organ of the Union government, executive and legislative organ of state government, and all local authorities, that is municipalities, panchayats, district boards, improvement trusts, etc. And other authorities, that is, statutory or non-statutory authorities like LIC, SAIL, etc. Other than these bodies even a private body or any agency working as an instrument of the state, is considered a State under this article.<\/p>\n\n\n\n
Article 13: It declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. It expressly provides for the doctrine of judicial review. According to this article : <\/p>\n\n\n\n
a. Permanent laws enacted by the Parliament or the state legislatures. <\/p>\n\n\n\n
b. Temporary laws can be enacted by President or the state governors. <\/p>\n\n\n\n
c. Statutory instruction in the nature of delegated legislation like orders, bye-laws, rules, regulations, or notifications. <\/p>\n\n\n\n
d. Non-legislative sources of law, that is custom or usage, having the force of law. The not only law but any of the above can be challenged in court violating fundamental rights and hence, can be declared void. It explains that Constitution Amendments are not a law and hence cannot be challenged, but in kesavananda Bharti case(1973) Supreme Court held that the Amendment must not affect the basic structure of the Constitution and hence can be declared as void.<\/p>\n\n\n\n
under it, Article 14 says that the state shall not deny to any person equality before the law within the territories of India. In India, we follow the structure of the “Rule of Law” which is a mixture of both equality before the law (british origin) and equal treatment of the law ( American origin). Equality before is a negative concept because it permits the reasonable classification of person, object, and transaction by law, but the transaction should not be arbitrary, artificial, or evasive. Rather, it should be based on intelligible differences and substantial distinctions.<\/p>\n\n\n\n
says that the state shall not discriminate against any caste on the ground only of religion, race, caste, sex, or birthplace. This means discrimination on the basis of the above words is banned, and discrimination on other grounds is not prohibited. This article has a few exceptions : <\/p>\n\n\n\n
1. The state is permitted to make special provisions for women and children. <\/p>\n\n\n\n
2. The state is permitted to make special provisions for the advancement of any social and educationally backward classes of citizens or for the scheduled cast and scheduled tribes. <\/p>\n\n\n\n
3. The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for STs and STs regarding their admission to educational institutions, including private educational institutions, whether aided or unaided by the state, except the minority educational institutions. <\/p>\n\n\n\n
4. The state is empowered to make any special provision for the advancement of any economically weaker section of citizens.<\/p>\n\n\n\n
it provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the state.<\/p>\n\n\n\n
it abolishes “untouchability” and forbids its practice in any form. And enforcement of any disability arising out of untouchability shall be an offense punishable in accordance with the law.<\/p>\n\n\n\n
It abolishes titles and declares that states are prohibited from conferring any title on anybody, whether a citizen or a foreigner. Except for military or academic distinction. It prohibits only hereditary titles of nobility. Also, national awards or non-academic awards should not be used as suffixes or prefixes to the names of awardees. <\/p>\n\n\n\n
it guarantees to all citizens the six rights given below: <\/p>\n\n\n\n
1. Right to freedom of speech and expression.<\/p>\n\n\n\n
2. Right to assemble peaceably and without arms.<\/p>\n\n\n\n
3. Right to form associations or unions or co-operative societies.<\/p>\n\n\n\n
4. Right to move freely throughout the territory of India.<\/p>\n\n\n\n
5. Right to reside and settle in any part of the territory of India.<\/p>\n\n\n\n
6. Right to practice any profession or to carry on any occupation, trade, or business.<\/p>\n\n\n\n\n\n\n\n
it grants protection against arbitrary and excessive punishment to an accused person, whether a citizen or a foreigner or a legal person like a company or a corporation. It contains three provisions in that direction: <\/p>\n\n\n\n
a. No ex-post facto law. <\/p>\n\n\n\n
b. No double jeopardy. <\/p>\n\n\n\n
c. No self-incriminating.<\/p>\n\n\n\n
declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. It has 35 more rights as a part of it.<\/p>\n\n\n\n
Protection against arrest and detention. It grants protection to people who are arrested. Detention is of two types, namely, punitive and preventive detention. <\/p>\n\n\n\n
Prohibits traffic in human beings, including begar (forced labor) and other similar forms of forced labor. <\/p>\n\n\n\n
Prohibits of employment of children below the age of 14 years in any factory, mine, or other hazardous activities like construction work, or railway.<\/p>\n\n\n\n
All people are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate any religion. <\/p>\n\n\n\n
It guarantees the rights of religious denominations or their sections. Freedom to manage religious affairs.<\/p>\n\n\n\n
Freedom from taxation for the promotion of religion.<\/p>\n\n\n\n
Freedom from attending religious instruction.Cultural and educational rights.<\/p>\n\n\n\n
protection of the interests of minorities It grants protection to both religious minorities as well as linguistic minorities. <\/p>\n\n\n\n
Rights of minorities to establish and administer educational institutions. <\/p>\n\n\n\n
Right to property (repealed). <\/p>\n\n\n\n
It confers the right to resort to redress for the enforcement of the fundamental rights of an aggrieved citizen. Dr. Ambedkar called article 32 the most important article of the Constitution, ” an article without which the Constitution would be a nullity. It is the soul of the Constitution and the very heart of it. ” The Supreme Court can issue the writs under article 32.<\/p>\n\n\n\n
empowered Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies, and analogous forces. <\/p>\n\n\n\n
It allows the restriction of fundamental rights while martial law is in force in any area in India.<\/p>\n\n\n\n\n\n\n\n
lays down the power to make laws, to give effect to certain specified fundamental rights shall vest only in Parliament and not in the state legislatures. Conclusion: With these articles, part 3rd of the constitution, i.e., Magna Carta, gives us the most important rights of our lives, to live a dignified<\/p>\n","protected":false},"excerpt":{"rendered":"
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