Fundamental rights


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Fundamental rights

  1. 1. IntroductionRights mean those freedom which are essential forpersonal good of the community. The rights guaranteed under the constitution of India are fundamentals as they have been incorporated into the “fundamental law of the land” and are enforceable in a court of law.Fundamental Rights are those basic conditions ofsocial life without which a citizen cannot be at his bestself or those basic conditions which are very essentialfor the good life of a citizen.
  2. 2. Salient Points Recognition everywhere Freedom of movement Life, liberty security NationalityFreedom of thought, conscience and religionFreedom of peaceful assembly and association Take part in the government of his country
  3. 3. Fundamental Rights Right to Equality Right to Constitutional Right to Freedom RemediesRight to Freedom Right to get of Religion Education Right against Exploitation
  4. 4. Right to Equality• Equality before Law(Article 14 )• Social equality and equal access to public areas(Article 15)• Equality in matters of public employment (Article 16)• Abolition of untouchability (Article 17 )• Abolition of Titles(Article 18 )
  5. 5. Right to EqualityRight to equality is an important right provided for in Articles 14, 15, 16, 17and 18 of the constitution. It is the principal foundation of all other rightsand liberties, and guarantees the following:(i) Equality before Law :- Article 14 of the constitution guarantees that all citizens shall beequally protected by the laws of the country(ii) Social equality and equal access to public areas:- Article 15 of the constitution statesthat no person shall be discriminated on the basis of caste, colour, language etc. Every personshall have equal access to public places like public parks, museums, wells, bathing ghats andtemples etc. However, the State may make any special provision for women and children.
  6. 6. (iii) Equality in matters of public employment:- Article 16 of the constitution lays down thatthe State cannot discriminate against anyone in the matters of employment. All citizens canapply for government jobs. There are some exceptions. The Parliament may enact a law statingthat certain jobs can only be filled by applicants who are domiciled in the area.(iv) Abolition of untouchability :- Article 17 of the constitution abolishes the practice ofuntouchability . Practice of untouchability is an offense and anyone doing so is punishable bylaw.(v) Abolition of Titles:- Article 18 of the constitution prohibits the State from conferring anytitles. Citizens of India cannot accept titles from a foreign State.
  7. 7. Right to Freedom• Article 19 {Protection of certain rights regarding freedom of speech, etc.}• Freedom of Speech and expression• Freedom to assemble peacefully without arms• Freedom to form associations or unions• Freedom to move freely throughout the territory of India• Freedom to reside and settle in any part of the territory of India• Freedom to practice any profession or to carry on any occupation, trade or business• Article 20 {Protection in respect of conviction for offenses}• Article 21 {Protection of life and personal liberty}• Article 22 {Protection against arrest and detention in certain cases}
  8. 8. Right to FreedomThe Constitution of India contains the right to freedom, given in articles 19,20, 21 and 22, with the view of guaranteeing individual rights that wereconsidered vital by the framers of the constitution. The right to freedom inArticle 19 guarantees the following six freedoms(i) Freedom of Speech and expression, which enable an individual to participate in publicactivities. The phrase, "freedom of press" has not been used in Article 19, but freedom ofexpression includes freedom of press. Reasonable restrictions can be imposed in the interest ofpublic order, security of State, decency or morality.(ii) Freedom to assemble peacefully without arms, on which the State can imposereasonable restrictions in the interest of public order and the sovereignty and integrity ofIndia.(iii) Freedom to form associations or unions on which the State can impose reasonablerestrictions on this freedom in the interest of public order, morality and the sovereignty andintegrity of India.
  9. 9. (iv) Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics.(v) Freedom to reside and settle in any part of the territory of India which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the schedule tribes because certain safeguards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation and coercion. Article 370 restricts citizens from other Indian states and Kashmiri women who marry men from other states from purchasing land or property in Jammu and Kashmir(vi) Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practicing any profession or carrying on any trade.
  10. 10. Right against Exploitation• Article 23 {Prohibition of traffic in human beings and forced labour}• Article 24 {Prohibition of employment of children in factories, etc.} Every citizen has a right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
  11. 11. Right Against ExploitationThe right against exploitation, given in Articles 23 and 24, provides for twoprovisionsi. the abolition of trafficking in human beings and Begar (forced labor),ii. abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines.iii. Child labour is considered a gross violation of the spirit and provisions of the constitutioniv. Begar, practised in the past by landlords, has been declared a crime and is punishable by lawv. Trafficking in humans for the purpose of slave trade or prostitution is also prohibited by An exception is made in employment without payment for compulsory services for public purposes. Compulsory military conscription is covered by this provision
  12. 12. Right to Freedom of Religion•Article 25 {Freedom of conscience and free profession, practice andpropagation of religion}•Article 26 {Freedom to manage religious affairs}•Article 27 {Freedom as to payment of taxes for promotion of anyparticular religion}•Article 28 {Freedom as to attendance at religious instruction orreligious worship in certain educational institutions}
  13. 13. Right to Freedom of ReligionRight to freedom of religion, covered in Articles 25, 26, 27 and 28, providesreligious freedom to all citizens of India. The objective of this right is tosustain the principle of secularism in India. According to the Constitution, allreligions are equal before the State and no religion shall be given preferenceover the other. Citizens are free to preach, practice and propagate any religionof their choicei. Religious communities can set up charitable institutions of their own.ii. activities in such institutions which are not religious are performed according to the laws laid down by the governmentiii. No person shall be compelled to pay taxes for the promotion of a particular religion.iv. A State run institution cannot impart education that is pro-religion.
  14. 14. Right to Get Education•Article 29 {Protection of interests of minorities}•Article 30 {Right of minorities to establish and administereducational institutions} Every child has a right to get basic education.
  15. 15. Right to Get EducationAs India is a country of many language, religion , and culture, theConstitution provides special measures, in Articles 29 and 30, to protect therights of the minorities. Any community which has a language and a script ofits own has the right to conserve and develop it. No citizen can bediscriminated against for admission in State or State aided institutions. (i) All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution (ii) the right to administer does not mean that the State can not interfere in case of maladministration
  16. 16. (iii) a precedent-setting judgment in 1980, the Supreme Court held that the State can certainly take regulatory measures to promote the efficiency and excellence of educational standards(iv) It ensures the security of the services of the teachers or other employees of the institution. In another landmark judgement delivered on 31 October 2002.(v) Supreme Court ruled that in case of aided minority institutions offering professional courses, admission could only be through a common entrance test conducted by State or a university
  17. 17. Right to constitutional remedies for the enforcement of Fundamental Rights.
  18. 18. Right to Constitutional RemediesRight to constitutional remedies empowers the citizens to move a court of lawin case of any denial of the fundamental rights.i. In case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country.ii. If the court finds that it is not, the person will have to be freed.iii. The procedure of asking the courts to preserve or safeguard the citizens fundamental rights can be done in various ways.iv. The courts can issue various kinds of writs.v. These writs are habeas corpus, mandamus, prohibition, quo warranto and When a national or state emergency is declared, this right is suspended by the central government
  19. 19. ThankYou!!!