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Fundamental Rights, incorporated from

Article 12 to 35 in the Third Chapter of the


Indian Constitution are the basic facilities
which we need for our growth. These are the
claims of individual recognized 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 democracy.
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• Fundamental Rights are equal for all.
• Rights are justiciable – Article 32.
• Fundamental Rights are not absolute.
• They limit the authority of central and state
governments.
• They distinguish between citizens and foreign
nationals.
• They can be suspended during emergency.
• Parliament can amend Fundamental Rights.

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Article14 “The state shall not deny to Article19 “Freedom of speech and
any person equality before law or the expression.”
equal protection of law within the Article20 “Protection in respect of
territory of India.” conviction of an offence”
Article15 “Prohibition of Article21 “Protection of life and personal
discrimination.” liberty.”
Article16 “Equality of opportunity.” Article21 “Right to education.”
Article17 “Abolition of untouchability.” Article22 “Protection against arrest and
Article18 “Abolition of titles.” detention against certain cases.”

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Article23 “Prohibition of traffic in Article25 “Freedom to profess and
human beings and forced labor.” propagate any religion.”
Article24 “Prohibition of child labor.” Article26 “Freedom to manage religious
• Children below the age of fourteen affairs.”
years will not be allowed to work in Article27 “Freedom to not pay the taxes
factories, mines or in other dangerous for the promotion of any particular
places so that their health is not religion.”
adversely affected.”
Article28 “No religious instruction shall be
provided or accepted in any educational
institution.”

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Article29 “Protection against interest of Article32 “A person has the right to move to
minorities and freedom to get admission Supreme Court and High courts for getting
in educational institution.” his/her fundamental rights protected.”
Article30 “All minorities have the right
to establish and administer educational
institutions of their choice and the shall
not discriminate against them.”

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1. The need of fundamental rights came in India after Swaraj Bill (1895) by
Lokmanya Tilak and the concept was further strengthened after Commonwealth
of India Bill was introduced by Annie Besant.
2. These rights cannot be taken away by ordinary legislation.
3. Right to property was earlier a fundamental right but after 44th amendment it
was abolished.
4. The basic nuance and idea of fundamental rights was taken by England’s Bill of
Rights 1689.
5. Fundamental Rights are not absolute but are subjected to reasonable restrictions.
6. But if there is any contradiction in case where the Court has to consider
Fundamental Rights or Directive Principles of State Policy then D.P.S.P. will
prevail over Fundamental Rights
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