Fundamental Rights of Indian citizens

1
MR. RAKESH KUMAR KESHARI
Senior Assistant Professor
Dewan Institute of Management Studies, Meerut,U.P.
(College of Education)
Email:rakeshkeshari08@gmail.com
Mob No : 8057963013
Mr. Rakesh Kumar Keshari
SeniorAssistant Professor

DEFINITION
The Fundamental Rights are defined as basic
human freedoms which every Indian citizen has
the right to enjoy for a proper and harmonious
development of personality. These rights
universally apply to all citizens, irrespective of
race, place of birth, religion, cast or gender. Aliens
(persons who are not citizens) are also considered
in matters like equality before law. They are
enforceable by the court, subject to certain
restrictions. this right defined in part-III of the
constitution.
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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.
 If these rights are by any individual, corporate body or
any arm of the State, the affected party can go to Court.
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Nature of Rights
 Fundamental rights are equal for all.
 Fundamental Rights are justiciable.
 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.
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1.Right to Equality
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2. Right to freedom
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3. Right against exploitation
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4. Right to freedom of Religion
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5. Cultural and Educational rights
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6.RighttoconstitutionalRemedies
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Fundamental
Rights
Right to
constitutional
Remedies
(Article 32)
Cultural and
Educational
Rights
(Article 29-31)
Right to freedom
of Religion
(Article 25-28)
Right against
Exploitation
(Article 23-24)
Right to
Freedom
(Article 19-22)
Right to
Equality
(Article 14-18)
Fundamental Rights
Article 14-32
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1.Right to Equality
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Right to Equality
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Right to Equality(Art.14 -18)
 Equality before law :Article 14 of the constitution guarantees
that all people shall be equally protected by the laws of the
country.
 Prohibition of Discrimination: Article-15,No person shall be
discriminated on the basis of religion, race, caste, gender or
place of birth. Every person shall have equal access to public
places like public parks,museums,wells,bathing ghats and
temples etc.
 Equality of opportunity: Article-16,State cannot discriminate
against anyone in the matters of employment.All citizens can
apply for government jobs.
 Abolition of untouchability . Article-17
 Abolition of titles. Article-18 15

2.Right to freedom(Art:19 -22)
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Freedom of speech and Expression Article-19(i)
A. Right to freedom of speech and expression, which
enable an individual to participate in public
activities.
B. Freedom to assemble peacefully without arms.
C. Freedom to form associations or unions.
D. Freedom to move freely throughout the territory
of India.
E. Freedom to reside and settle in any part of the
territory of India .
F. Freedom to practice any profession or to carry
any occupation, trade or business.
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Right to freedom cont….
 Protection in respect of conviction of
an offence. Article-20
 Protection of life and personal liberty.
Article-21
 Right to Education. Article-21A
(86Amendment 2002)
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Right to Education Article-21 A
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Right to Education Act (RTE)
The act came into force on 1 April 2010
The RTE Act secures the right of children to
free and compulsory education till completion
of elementary education in a neighbourhood
school. The Act lays down the norms and
standards relating to pupil-teacher ratios,
buildings and infrastructure, school working
days and teacher working hours.
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Right against exploitation
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Right to freedom cont….
 Protection against Arrest and detention Against
certain cases . Article-22
1. No person who is arrested shall be detained in custody
without being informed, as soon as may be, of the grounds
for such arrest nor shall he be denied the right to consult,
and to be defended by, a legal practitioner of his choice .
2. Every person who is arrested and detained in custody shall
be produced before the nearest magistrate within a period of
twenty four hours of such arrest excluding the time
necessary for the journey from the place of arrest to the
court of the magistrate.
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Right against exploitation(Art:23)
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Right against exploitation
(Art.23-24)
 Prohibition of trafficking in human beings and
forced labour.Article-23:This article abolition of
trafficking in human being and Bagar(force
labour) .
 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.
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Prohibition of Child Labour Article-24:
25

RighttoFreedomofReligion
It means all religion not just your own
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 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,Artcle-28(1)
 In private educational institutions religious
education not against the will,Article-28(2)
RighttoFreedomofReligion
(Art.25-28)
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RighttoFreedomofreligion
28

Cultural and Educational rights
(Art.29-30)
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Cultural and Educational rights
(Art.29-30)
 Protection against 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)
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Righttoconstitutionalremedies
31

Righttoconstitutionalremedies
(article-32)
 Right to constitutional remedies empowers the
citizens to move a court of law in case of any denial
of the fundamental rights.
 This procedure of asking the courts to preserve or
safeguard the citizens fundamental rights can be
done in various ways.
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Righttoconstitutionalremedies cont….
(article-32)
The courts can issue various kinds of writs.
These writs are-
1. Hebeas corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto.
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Importance of fundamental 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.
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Fundamental Rights of Indian citizens

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