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Fundamental Rights

The document outlines the classification of Fundamental Rights in India, detailing the six current rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. It highlights the removal of the Right to Property from the Fundamental Rights list and its reclassification as a legal right. Each right is explained with references to specific articles in the Constitution, emphasizing their significance and limitations.

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0% found this document useful (0 votes)
32 views1 page

Fundamental Rights

The document outlines the classification of Fundamental Rights in India, detailing the six current rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. It highlights the removal of the Right to Property from the Fundamental Rights list and its reclassification as a legal right. Each right is explained with references to specific articles in the Constitution, emphasizing their significance and limitations.

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CLASSIFICATION OF FUNDAMENTAL RIGHTS  The awards, Bharat Ratna, Padma Vibhuhan, Padma

Originally Constitution provided for seven Fundamental Rights viz. Bhusan and Padma Shri, called as The National Awards
would not amount to title within the meaning of Article 18(i).
1. Right to equality (Article 14-18)
Right to Freedom (Articles 19-22):
2. Right to freedom (Article 19-22)
Article 19 (Protection of certain rights regarding freedom of
3. Right against exploitation (Article 23-24)
speech, etc.):
4. Right to freedom of religion (Articles 25-28)
Article 19 says that all citizens shall have the right to freedom of
5. Cultural & educational rights (Articles 29-30) speech and expression.
6. Right to Property (Article 31)  To assemble peacefully and without arms.
7. Right to constitutional remedies (Article 32)  To form associations or unions.
But, Right to property was removed from the list of  To move freely throughout the territory of India.
the Fundamental Rights by the 44th Constitution Amendment Act,
 To practice any profession or to carry on any occupation,
1978 and after amendment, it was made legal right under Article
trade or business.
300-A in part-12 of the constitution.
Article 20 (Protection in respect of conviction for offenses):
At present there are only six Fundamental rights viz.
 Article 20 says that state can impose reasonable restrictions
1. Right to Equality (Articles 14–18),
on the groups of security of the state, friendly relations with
2. Right to Freedom (Articles 19–22), foreign states, public order, decency, morality, contempt of
3. Right against Exploitation (Articles 23–24), court, defamation, etc.
4. Right to Freedom of Religion (Articles 25–28), Article 21 deals with Protection of life and personal liberty.
5. Cultural and Educational Rights (Articles 29–30)  Article 21A states that that state shall provide free and
6. Right to Constitutional Remedies (Article 32) compulsory education to all children of the age of 6-14 years.
The six fundamental rights are described below in brief. Article 22 deals with protection against arrest and detention
in certain cases.
Right to Equality (Articles 14-18):
Right Against Exploitation (Articles 23-24):
Article 14 (Equality before law):
 Article 23 deals with the prohibition of traffic in human beings
 Article 14 says that state shall not deny to any person
and forced labour.
equality before the law or the equal protection of the laws
within the territory of India.  Article 24 deals with prohibition of employment of children in
factories, etc.
 Art. 14 is available to any person including legal persons viz.
statutory corporation, companies, etc. Right to Freedom of Religion (Articles 25-28):
 Art. 14 is taken from the concept of equal protection of laws  Article 25 deals with freedom of conscience and free
has been taken from the constitution of USA. profession, practice, and propagation of religion.
 The concept of the rule of law is a negative concept while the  Article 26 deals with freedom to manage religious affairs.
concept of equal protection of laws is a positive concept.  Article 27 deals with freedom as to payment of taxes for
 The concept of equality before the law is equivalent to the promotion of any particular religion.
second element of the concept of the ‘rule of law’  Article 28 deals with freedom as to attendance at religious
propounded by A.D. dicey, the British jurist. But certain instructions or religious worship in certain educational
exceptions to it are, the president of India, state governors, institutions.
Public servants, Judges, Foreign diplomats, etc., who enjoy Cultural and Educational Rights (Articles 29-30):
immunities, protections, and special privileges.
 Article 29 deals with the protection of language, script, and
Article 15 (Prohibition of discrimination on the grounds of culture of minorities.
religion, race, caste, sex or place of birth):
 Article 30 deals with the right of minorities to establish and
 Article 15 says that the state shall not discriminate against administer educational institutions.
only of religion, race, sex, place of birth or any of them.
Right to Constitutional Remedies (Article 32):
 Under Article 15 (3) & (4), the government can make special
They can be suspended during the operation of a National
provisions for women & children and for a group of citizens
Emergency except the rights guaranteed by Articles 20 and
who are economically and socially backward.
[Link] 32 deals with the right to move to the supreme court for
Article 16 (Equality of opportunities in matters of public the enforcement of Fundamental Rights including the Writs of:
employment):
 Habeas corpus
 Article 16 says that there shall be equality of opportunity for
 Mandamus
all citizens in matters relating to employment or appointment
to any office under the state.  Prohibition
Article 17 (Abolition of Untouchability):  Certiorari
 Article 17 says that Untouchability is abolished and its  Quo warranto.
practice in any form is forbidden. The enforcement of any
disability arising out of untouchability shall be an offense
punishable by law
Article 18 (Abolition of titles):
 Article 18 says that no title, not being a military or academic
distinction, shall be conferred by the State. No citizen of
India shall accept any title from any foreign state.

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