Fundamental rights of Indian people

The Fundamental rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.

Article 13: Laws inconsistent with or in derogation of the fundamental rights

  • All laws in force in the territory of India immediately before the commencement of this constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
  • The state shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
  • In this article, unless the context otherwise required- (a) law includes any Ordinance, order, by law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) ‘laws in force’ includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
  • Nothing in this article shall apply to any amendment of this Constitution made under article 368.

Right to equality

Article 14: equality before law or equal protection of law.

Article 15: prohibition of discrimination on grounds of religion, race, caste, sex of place of birth.

Article 16: equality of opportunity in matters of public employment.

Article 17: abolition of Untouchability.

Article 18: abolition of titles.

Right to freedom

Article 19: all citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business.

Article 20: protection of traffic in human beings and forced labour.

Article 21: protection of life and personal liberty.

Article 22: protection against arrest and detention in certain cases.

Right  against exploitation

Article 23: prohibition of traffic in human beings and forced labour.

Article 24: prohibition of employment of children in factories, etc.

Right to freedom of religion

Article 25: freedom of conscience and free profession, practice and propagation of religion.

Article 26: freedom to manage religious affairs.

Article 27: freedom as to payment of taxes for promotion of any particular religion.

Article 28: freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational rights

Article 29: protection of interests of minorities regarding their language, script and culture.

Article 30: right of minorities to establish and administer educational institutions.

Right to Constitutional remedies

Article 32: remedies for enforcement of rights conferred by this part

(1) the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, which ever may be appropriate, for the enforcement of any of the rights conferred by this part.

(3) without prejudice to the powers conferred on the supreme court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) the right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

 

March 4, 2019

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