The document discusses the fundamental rights enshrined in the Indian constitution. It notes that fundamental rights are elaborated upon greatly in the constitution, and include rights to equality, freedom of speech and expression, freedom of religion, and constitutional remedies. However, rights can also be reasonably restricted. The document outlines several key fundamental rights, such as equality before the law, abolition of untouchability, abolition of titles, and rights to freedom of speech, assembly, residence and livelihood.
2. “Rights are those conditions of social life without which no man
can develop his best”.
This statement Prof. H. J. Laski indicates meaning & importance
of rights. Rights are essential for the fullest development of
human personality.
Every individual is having certain potential capacities, which are
hidden. If an opportunity is given to him, he can develop those
hidden capabilities. For that freedom is essential.
3. The Indian constitution guarantees to every citizen certain basic
rights which are considered to be bed- rock (rule of law)of
democracy. The parliament and state legislatures have been
given the power to make laws to give effect to rights, and
provide punishment for their encroachment and violation.
4. In India as early as 1928 the Nehru Committee report
recommended some basic religious & cultural rights of the
people.
The Simon Commission, which visited India to review India's
constitutional progress did not favour the idea of inclusion of
Fundamental Rights in the constitution.
The Sapru Committee however supported the idea of including
such Rights in the constitution.
The Cabinet mission plan cancelled the demand for the Constituent
Assembly, as well as the need for a written guarantee of
fundamental rights in the constitution of India.
5. The constitution makers in India were guided by public sentiments
and national demand in this regard.
Accordingly constituent assembly elected as Advisory committee
consisting of 54 members with Sardar Vallabhbhai Patel as it
chairman & Sub committee on Fundamental Rights, with charya
Krupalani as its chairman.
Shri B. N. Rau & other sub committee members prepared a list of
Fundamental Rights which was submitted to Advisory Committee
on April 1947.
6. Advisory Committee after making necessary changes, list was
submitted to Constituent Assembly on 29 April 1947.
Ultimately Fundamental Rights are included in the III rd Part of the
constitution (Article 12 to 35)
7. Characteristics of Fundamental Rights or Nature
of Fundamental Rights
Elaborate Rights
Limited Rights
Suspendable Rights
Justiciable Rights
Fundamental Rights make distinction between the citizens
& Aliens
All Fundamental Rights are not Equal Weights.
8. Elaborate Rights: Fundamental Rights are written in so much
elaborately that no other constitution has discussed these in such
a great length & with such minute details as the constitution of
India.
Limited Rights: The Rights guaranteed to the people are not
absolute, each right is conditioned by duties. There is no right
which no corresponding duties. The constitution imposes certain
restrictions on the enjoyment of rights. Parliament may make
laws in this regard.
9. Provision for the Suspension of Rights: The Constitution provides for
suspension of all or any of the Fundamental Rights during an
emergency. However, such a suspension automatically ends when the
emergency ceases or when the President withdraws it.
Justiciable Rights: Fundamental Rights have been made Justiciable.
Justiciable rights means if any of these rights are violated by the
government or anyone else,
the individual has the right to approach the Supreme Court or High
Courts for the protection and enforcement of his/her Fundamental
Rights.
Thus, the Constitution not only grants but also guarantees these rights.
10. Fundamental Rights make distinction between the citizens &
Aliens: All rights are not available to all living in India. Some
Rights like equality before law , equal protection etc. are
available to any person living in the country.
Some fundamental are exclusive to the citizens only. Right to
freedom of speech, equal opportunity for public employment
,right to Assembly is available only to citizens.
11. SIX FUNDAMENTAL RIGHTS
Right to EQUALITY
Right to FREEDOM
Right against EXPLOITATION
Right to freedom of RELIGION
CULTURAL and EDUCATIONAL rights
Right to CONSTITUTIONAL REMEDIES
12.
13. o Equality before Law :- Article 14 of the Indian constitution
guarantees that all citizens shall be equally protected by the
laws of the country.
o 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 and temples etc.
However the state may make any special provision for women
and children.
14. 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.
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.
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.
16. ARTICLE 19 – 22
Article 19 :- says that all citizens shall have the right
to freedom of speech and expression.
To assemble peacefully and without arms.
To move freely throughout the territory of India.
To practice any profession or to carry on any occupation, trade
or business.
17. Freedom of Speech & Expression: under Article 19 of the
constitution, it is provided that the citizens shall have right of
freedom of expression.
However state can put necessary restrictions on the ground of
Sovereignty and integrity of India. This freedom should not
endanger sovereignty, public order, and spoil India's relations
with foreign countries.
Freedom to Assemble [Article 19 (1) b]: All the citizens of India
have the right to assemble, and can hold meetings and
demonstrations and take out procession.
18. Freedom of Associations and Unions[Article 19 (1) (C)]: This
Article guarantees to all citizens the right to form Associations
and Unions. Citizens can form Pol.Parties, Socities, Clubs, trade
unions etc.
Freedom to move throughout territory of India [Article 19 (1)
(d)]: As per this Article Citizens of India have right to move
freely throughout the territory of India. They can travel to any
part of India. However reasonable restriction can be imposed.
Freedom to reside and settle in any part of India
19. Article 20:
No Ex post Falto (No convention except from the violation of
Law)
No double Jeopardy (Two punishment for same time)
Article 21: Right to Life
Right to live with dignity
Right to live with Privacy
Right to livelihood (do job)
Right to proper health, shelter, etc
20. Article 21A states that shall provide free and Compulsory
education to all children of the age of 6 – 14 years.
Article 22: Protection against arbitrary arrest
Present before court of Law with 24 hours
Lawyer must be allowed
21.
22. Right to Against Exploitation:
Article 23: Prohibited of Human traffic and forced Labour
Article 24: Prohibited of Child Labour