2. “rules of interaction between people,
they place constraints and
obligations upon the actions of state
and individuals or groups ”
3. Intro.
Fundamental Rights are the basic rights of the
common people and inalienable rights of the
people who enjoy it under the charter of rights
contained in Part III(Article 12 to 35) of Constitution
of India. It guarantees civil liberties such that all
Indians can lead their lives in peace and harmony
as citizens of India
4. Part III of Constitution
Magna Carta
(Charter of Rights)
1215 King John of England
5. History
1919 1931 1946 1948 1948 1949
Rowlatt
Act
National
Congress
The Constitution
First met
February 17,
October
26,
November
6. Fundamental Rights.
Right to Equality
Right to Freedom
Right against Exploitation
Right to Religious Freedom
Cultural and Educational Rights
Right to Constitutional Remedies
7. Right to Equality.
all citizens enjoy equal privileges and opportunities
ensures equality before law (article 14)
protects from discrimination on any basis (article 15)
8. Right to Equality.
equality of opportunity in all matters of public
employment (article 16)
abolition of untouchability (article 17)
abolition of titles (article 18)
9. Right to Freedom.
freedom of speech and expression
right to assemble peacefully without arms
freedom to form associations or unions
freedom to move freely within the territory of india
10. 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
Right to Freedom.
11. articles 23 and 24
abolition of trafficking in human beings and Begar
(punishable by law)
abolition of employment of children below the age of 14
years in dangerous jobs like factories, mines, etc.
trafficking in humans for the purpose of slave trade or
prostitution is also prohibited by law.
Right against Exploitation.
12. Right to Freedom of Religion.
Article 25:Particulars of freedom of conscience and
free profession, practice and propagation of religion
are clearly enumerated in this article.
Article 26:The Article specifies the freedom to
manage religious affairs
13. Article 27: Freedom as to payment of taxes for promotion of
any particular religion is stated in the article
Article 28: This Article includes freedom as to attendance at
religious instruction or religious worship in certain education
institutions
Right to Freedom of Religion.
14. Article 29:Protection of interests of minorities is specified in
detailed form in this Article
Article 30:Right of minorities to establish and administer
educational institutions is scripted in this very Article
Cultural and Educational
Rights.
15. Article 32: The right to move to the supreme court for the
enforcement of Fundamental Rights including the Writs of
(i) Habeas corpus
(ii) Mandamus
(iii) Prohibition
(iv) Certiorari
(iv) Quo warranto.
Right to Constitutional
Remedies.
18. “criticism cannot be
malicious and must not
lead to creating ill-will …
(it) must lead to
sensible discussion”
2010 sc ruling : R V Bhasin case, “`Islam - A Concept of Political World Invasion by Muslims.”
Loudspeakers, Sabarimala, Beef laws, Muslim Marriage Act, Propagation vs. Conversion
20. - Excessive Limitations
- No Social and Economic Rights
- No Clarity
- No Permanency
- Suspension During Emergency
- Expensive Remedy
- Preventive Detention
- No Consistent Philosophy