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6 - Fundamental Rights (93 KB)
6 - Fundamental Rights (93 KB)
Political Science
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Notes
FUNDAMENTAL RIGHTS
People in democractic conutries enjoy certain rights, which are protected by judicial
system of the country concerned. Their violation, even by the State, is not allowed by the courts. India respects the rights of the people, which are listed in our Constitution, under the heading Fundamental Rights. In lesson, a mention has been made of the Fundamental Rights as one of the salient features of the Constitution. In this lesson, we will discuss in detail various Fundamental Rights which are incorporated in chapler III of the Constitution.
Objectives
After studying this lesson you will be able to explain the meaning and importance of Fundamental Rights; highlight that the dignity of an individual is protected and safe guarded through Fundamental Rights; recognise that the enforcement of Fundamental Rights is ensured through High Courts and the Supreme Court; explain the Right to Equality; recognise the rationale behind protective discrimination in favour of Scheduled Castes and Scheduled Tribes and other backward classes(OBCs); describe as well as appreciate the Right to Freedom; recall the safeguards against deprivation of life and personal liberty except according to the procedure established by law; explain the Right against Exploitation; appreciate the Right to Freedom of Religion; explain Cultural and Educational Rights; identify the right to Constitutional Remedies; recall the value of writs that may be issued for the protection of Fundamental Rights; and 58
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appreciate the Constitutional limitations on the enjoyment of Fundamental Rights.
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Notes
Recently by the 86th Amendment Act, the Right to Education has been included in the list of Fundamental Rights as part of the Right to Freedom by adding Article 21(A). We will now study these rights one by one.
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Notes
6.2.2 No Discrimnation on Grounds of Religion, Race, Caste, Sex, Place of Birth or any of them
No citizen shall be denied access to shops, restaurants and places of public entertainment. Neither shall any one be denied the use of wells, tanks, bathing ghats, roads etc. maintained wholly or partly out of State funds. However, the State is empowered to make special provisions for women, children and for the uplift of Scheduled Castes, Scheduled Tribes and other backward classes (OBCs). The State can reserve seats for these categories in educational institutions, grant fee concessions or arrange special coaching classes.
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refusing admission to any person to the public institutions; preventing any person from worshipping in place of public worship; insulting a member of Scheduled Caste on the grounds of untouchability; preaching untouchability directly or indirectly.
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Notes
(iii) Freedom to form associations or unions. (iv) Freedom to move freely throughout the territory of India.
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(v) Freedom to reside and settle in any part of the territory of India.
(vi) Freedom to practise any profession or to carry on any occupation, trade or business. Let us study these freedoms one by one briefly. (I) Freedom of Speech And Expression It is an important freedom. This freedom ensures free and frank speech, discussion and exchange of opinions. It includes the freedom of the press. However these freedom like freedom of speech and expression are not absolute. The state is empowered to impose reasonable restrictions on the exercise of this right in the interest of security of the state, public order, morality etc. These freedoms can be suspended during the State of National Emergency. As soon as the State of National Emergency is declared under Article 352, the abovementioned freedoms except the right to life and liberty, automatically remain suspended as long as the State of National Emergency continues. All these freedoms get restored as soon as the proclamation of National Emergency is lifted.
Notes
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Any person arrested by the police shall have to be produced before the nearest magistrate within a period of : a) b) c) d) 12 hours 24 hours 36 hours 48 hours
3.
A person arrested under Preventive Detention can be kept in Jail without trial for a maximum period of : a) b) c) d) three months six months twelve months eighteen months
4.
Right to education has been made a Fundamental Right by .Amendment Act of the Constitution (84th /86th/ 88th )
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all forms of forced labour as well as traffic in human beings . The violation of this provision is an offence punishable under law. The state require citizens services in times of major calamities such as floods, forestfire, foreign aggression etc. Our Constitution also provides safeguards for children. It bans the employment of children below the age of fourteen years in any factory , mine or hazardous occupations. Traffic in human beings means sale and purchase of human beings as goods and commodities for immoral purposes such as slavery and prostitution
Notes
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Notes
3. 4.
5.
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admission to children on the grounds of religion, race, caste, language or any of them. The Aspects of the minorities have been given the right to establish and manage institutions of their own for Constitution of India the preservation and propagation of their language and culture. While giving financial aid to any institution, the state will not discriminate on the basis of religion or language. Lastly the Constitution guarantees enjoyment of Fundamental Rights by citizens under the Right to Constitutional Remedies. The Supreme Court and High Courts have been given powers to issue orders, directions and writs for the enforcement of Fundamental Rights . Dr. B.R Ambedkar has rightly called the writs as the Soul of the part III of the Constitution:
Notes
Terminal Exercises
1. 2. 3. 4. 5. 6. 7. 8. 9. Explain the importance of Fundamental Rights as provided in the Constitution. Mention any three aspects of right to equality. Describe six Fundamental Freedoms granted under the Right to Freedom. Explain the Right against Exploitation. How does the Right to Freedom of Religion help in establishing a secular polity in India? Explain. What is writ? Who has the power to issue the writs? Explain the statement that Fundamental Rights are justiciable. Describe all the provisions of Right to Freedom. Mention Right to Education as incorporated in the Constitution by 86th Amendment Act.
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1. 2. 3. 4. 5. Social 5 Equality Special Social
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2. 3. 4. b. a 86th
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1. 14.
Notes
6.5
1. 2. Individual Religious
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1. 2. 3. 4. 5. Minority High Court Habeas Corpus Quo-Warranto Certiorari
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