Fundamental rights

Topics we will cover

§ Importance of Fundamental rights

§ Fundamental rights with discussion
§ Fundamental rights of Foreigners
 Importance of fundamental
§
rights
In constitution’s Part 3, there are fundamental rights which are
described in Article 12 to Article 35.

§ Because of Fundamental rights Part 3 is known as Magna Carta

of India.

§ Indian Constitution describes fundamental rights in a wider

form then any other county.

§ Fundamental rights is a type of Guarantee for all the civilians

of Country that they have their respect, dignity in an equal
term.
§ Fundamental rights show the progress of democracy.

§ Fundamental rights protect the civilians from hard

rules of State.

§ Basically there were seven fundamental rights in

Constitution.

§ But now there is only six fundamental rights

according to indian constitution.
§ Article 31 removed from Fundamental rights list and
was made a Legal right in 1978. (Amendment 44th)

§ In Keshwanand Bharti case, Supreme Court had

declared that Parliament can amend fundamental
rights but the basic theme of fundamental rights
should not be destroyed.
 Fundamental rights
§ Basically constitution gave seven fundamental rights to civilians.
§ Rights are as follows:

1. Right to equality (Article 14-18)

2. Right to freedom (Article 19-22)
3. Right against exploitation (Article 23-24)
4. Right to freedom of Religion (Article 25-28)
5. Right for Culture and Education (Article 29-30)
6. Right for Property (Article 31)
7. Right to Constitutional Remedy ( Article 32)
§ Article 12:

It says, all organizations and units of State will be

considered under Union.

§ Article 13:

It says, fundamental rights can not be amend in less

term. Power which will deduct fundamental rights will be NULL.

Supreme Court (Article 32) and High Court (Article 226) has the
authority to declare non-constitutional that particular law which will
try to hurt fundamental rights.
 Right to equality
§ Article 14:

Equality before law

§ Article 15:

Prohibition of discrimination on religion,

race, gender, caste and birth place.
§ Article 16:

Equality of opportunity for Public Employment.

§ Article 17:

Abolition of Untouchability.

§ Article 18:

Abolition of Titles.
 Right to freedom
§ Article 19:

This article gives the guarantee of six rights to every

citizen of India.
Rights are as follows:

1. Right to Speech.
2. Right to organise a meeting in non-violence way.
3. Right to make the Union. (Association)
4. Freedom of Movement.
5. Freedom of residence and settlement.
6. Freedom of profession ,occupation, trade or business.
§ Article 20:

Protection in respect of Conviction for offences.

§ Article 21:

Protection of life and Personal liberty.

Declaration of Article 21:

1. Right to Privacy
2. Right to live.
3. Right to health.
4. Right to free education till become 14 years old.
§ Right for free help of law.
§ Right against separate jail.
§ Right against Handcuffs.
§ Right against violence nature.
§ Right against the late hanging.
§ Right to travel foreign.
§ Right against to become a bonded labor.
§ Right against hanging publicly.
§ Right to Sleep
§ Right against noise pollution.

§ Right for Electricity.

§ Right to behave with respect to women.

§ Article 22:

Protection against arrest and detention in certain

cases.

Right against exploitation

§ Article 23:

Prohibition of traffic in human beings and forced

labour.
§ Prohibition of unethical business of Children and women.
§ Slavery System
§ Prohibition of unbond labour.
§ Article 24:

Prohibition of employment of Children in

factories.
§ There shall not be a labour below 14 years old.
§ In 1996, Supreme Court ordered that there shall be an
establishment of Children Welfare account.
 Right to freedom of Religion
§ Article 25:

Freedom of conscience and free practice and

propagation of Religion.

§ Article 26:

Freedom to manage religious affairs.

§ Article 27:

Freedom of taxes for payment to promote religious

culture.
§ Article 28:

Freedom to attend religious worship in certain educational

institutions.

1. Institutions which is completely undertaken by government- Completely

Prohibited

2. Institutions which is undertaken by government but established for special

aspects- Religious education granted.

3. Institutions which is approved by government- Free to attend religious

education

4. Institutions which is financially healed by government- Free to attend

religious education.
 Right for Culture and
Education
§ Article 29:

Protection of interests of minorities.

§ Article 30:

Right for minorities to establish and

administer educational institutions.
§ Article 31:

Right to property. It had become a legal right in 1978 by 44th

amendment.

Right to Constitutional Remedy

§ Article 32:

According to this article Indian constitution gives a rights for

constitutional remedies against the violation or transgression of any
fundamental right.

(Soul of Constitution)
 Fundamental rights of
§ Article 14:
Foreigners
Right to equality

§ Article 20:

Protection after crime proved

§ Article 21:

Right to live and freedom

§ Article 21A:

Right to initial education

§ Article 22:

Protection against arrest and detention in some

cases

§ Article 25:

Freedom to involve in religious activities

§ Article 27:

Free taxation to promote religious affairs