2. SUBMITTED BY:
NAME: JIBIN JOSEPH
CLASS: IX. A
DATE: 29/12/2015
SCHOOL: INDIAN PUBLIC
SCHOOL, RAK, UAE
3. FUNDAMENTAL RIGHTS
FUNDAMENTAL RIGHTS ARE INCORPORATED
FROM ARTICLE 12 TO 35 IN THE THIRD
CHAPTER OF THE INDIAN CONSTITUTION
RIGHTS WHICH ARE THE BASIC FACILITIES
WHICH WE NEED FOR OUR GROWTH. THESE ARE
THE CLAIMS OF INDIVIDUAL RECOGNISED BY
THE SOCIETY AND ENFORCED BY THE STATE.
THE EXISTENCE OF DEMOCRACY CAN’T BE
IMAGINED WITHOUT FUNDAMENTAL RIGHTS IN
INDIA BECAUSE RIGHTS ARE THE PILLARS OF
4. FUNDAMENTAL RIGHTS WE
ENJOY…….
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
5.
6. FUNDAMENTAL RIGHTS
What are fundamental rights?
•The basic rights of an individual to live life with
safety and security.
•Enshrined in the constitution and safeguarded
by the State
•Guaranteed to all citizens
•Difficult for the State to withdraw these Rights.
The process to make any changes is very
cumbersome
7. WHY DO WE CALL THESE RIGHTS
FUNDAMENTAL?
These Rights are incorporated in the third Chapter of the
Constitution of India.
They afford a basis for the development of an Individual.
The people and officials of India are ought to enjoy these
rights.
8. NATURE OF RIGHTS
Fundamental rights are equal for all.
Rights are justiciable – Article 32
Fundamental rights are not absolute.
They limit the authority of the central and state governments.
Fundamental rights distinguish between citizens and foreign nationals.
They can be suspended during emergency.
Parliament can amend Fundamental rights.
9. IMPORTANCE OF HUMAN RIGHTS
Foundation of democracy
Check on the arbitrariness of the Government
Create proper conditions for the development of Men
Foundation of Rule of law
Establishment of Secular state
Protection of the interests of the minorities
Reconciliation between individual interests and social interests.
11. Equality before law and equal protection of law
Prohibition of untouchability
Article 14
Article 15
Prohibition of discrimination on grounds only of religion,
race, caste, sex or place of birth
Article 16 Equality of opportunity in matters of public employment
Article 17
Article 18 Abolition of titles, Military and academic distinctions are,
however, exempted
12. RIGHT TO EQUALITY
(i) Equality before Law :- Article 14 of the constitution guarantees that all
citizens shall be equally protected by the laws of the country
(ii) Social equality and equal access to public areas:- Article 15 of the
constitution states that no person shall be discriminated on the basis of
caste, colour, language etc. Every person shall have equal access to public
places like public parks, museums, wells, bathing Ghats and temples etc.
However, the State may make any special provision for women and
children.
13. RIGHT TO EQUALITY
(iii) Equality in matters of public employment:- Article 16 of the constitution
lays down that the State cannot discriminate against anyone in the matters of
employment. All citizens can apply for government jobs.
(iv) Abolition of untouchability :- Article 17 of the constitution abolishes the
practice of untouchability. Practice of untouchability is an offense and anyone
doing so is punishable by law.
(v) Abolition of Titles:- Article 18 of the constitution prohibits the State from
conferring any titles. Citizens of India cannot accept titles from a foreign State.
15. Protection against arrest and detention in certain cases
Guarantees the citizens of India the following six fundamentals
freedoms:-
Freedom of Speech and Expression
Freedom of Assembly
Freedom of form Associations
Freedom of Movement
Freedom of Residence and Settlement
Freedom of Profession, Occupation, Trade and Business
Protection in respect of conviction for offenses
Protection of life and personal liberty
Article 19
Article 20
Article 21
Article 22
16. RIGHT TO FREEDOM
(i) Freedom of Speech and expression, which enable an individual to participate in
public activities. The phrase, "freedom of press" has not been used in Article 19, but
freedom of expression includes freedom of press.
(ii) Freedom to assemble peacefully without arms, on which the State can impose
reasonable restrictions in the interest of public order and the sovereignty and integrity
of India.
(iii) Freedom to form associations or unions on which the State can impose reasonable
restrictions on this freedom in the interest of public order, morality and the sovereignty
and integrity of India.
17. RIGHT TO FREEDOM
(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.
18. RIGHT TO FREEDOM
(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.
20. No child below the age of 14 can be employed
Trafficking in human beings prohibited
Article 23
Article 24
21. Right against exploitation, Article-23-24
Prohibition of Traffic in human beings and forced labour
Article-23: This article prohibits the traffic in human beings
and forced labour.
Prohibition of compulsory services Article-23 : Under this
article the state cannot force people to do compulsory service
for public purposes.
Prohibition of Child Labour Article-24: Children below the age
of fourteen years will not be allowed to work in factories, mines
or in other dangerous places so that their health is not
adversely affected.
23. Freedom as to attendance at religious ceremonies in
certain educational institutions
Freedom of conscience and free profession, practice and
propagation of religion
:-
Article 25
Article 26 Freedom to manage religious affairs
Article 27 Prohibits taxes on religious grounds
Article 28
24. Right to freedom of religion
Freedom to profess and propagate any religion, Article-25
Freedom to manage religious affairs, Article-26
Freedom not to pay taxes for the promotion of any particular
religion, Article-27
No religious instructions in government educational institutions,
Article-28(1)
In private educational institutions religious education is not
against the will, Article-28(3)
26. Omitted by the 44th Amendment Act
Right of minorities to establish and administer
educational institutions
Article 29 Protection of interests of minorities
Article 30
Article 31
27. Cultural & educational Rights
Protection of interest of minorities, Article-29(1)
Freedom to get admission in educational institutions, Article-
29(2)
Right to minorities to establish educational institutions,
Article-30(1)
No discrimination while giving grants-Article-30(2)
29. The right to move the Supreme Court in case of their violation
(called Soul and heart of the Constitution by BR Ambedkar)
Article 32
30. ARTICLE IMAGE ABOUT
Article 14 Equality before Law
Article 15
No Discrimination on
grounds of Reiligon,
Race, Caste, Gender or
Place of Birth
Article 16 Equal opportunity in
Public Employment
31. ARTICLE IMAGE ABOUT
Article 17 Against Untouchability
Article 18 Abolition of titles
except Military and
Academic
Article 19 Freedom of Speech,
Assembly, Association,
Movement, Settlement,
Profession
32. ARTICLE IMAGE ABOUT
Article 20 Protection against
conviction
Article 21 Protection of Life and
Personal Liberty
Article 22 Protection from Arrest
in special cases
33. ARTICLE IMAGE ABOUT
Article 23 Against Human
Trafficking
Article 24 Against Child Labour
Article 25 Freedom of practice of
Religion
34. ARTICLE IMAGE ABOUT
Article 26 Manage Religious
Affairs
Article 27 Prohibit taxes on
religious grounds
Article 28 Freedom to attend
religious events in
educational institutions
35. ARTICLE IMAGE ABOUT
Article 29 Protection of
Minorities
Article 30 Right of Minorities to
run Educational
Institutions
Article 32 Approach supreme
court if rights violated