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Fundamental Rights | Fundamental Rights in India

Fundamental Rights in India

Fundamental Rights in IndiaFundamental Rights are derived from the Constitution of America which is mentioned in our Constitution from Article 12 to Article 35 in this post. All information related to the Fundamental Rights in detail. It is very important and useful for all competitive exams like UPSC, RPSC, SSC, Bank, Police, CTET, REET etc.

What is a Fundamental Right ?

Fundamental Rights are rights granted to citizens by the constitution that cannot be interfered with by the state and these rights are fundamentally necessary for the development of each side of the individual. These rights cannot be violated. The number was seven in the original constitution but currently six fundamental rights  are available.

Part Number – 3                 Articles – 12 to 35

» Objective – To establish a democratic political system.
» Part-3  is called the Magnacata of the Indian Constitution.
» Magna Carta was started by the British Emperor John in 1215.
» France’s revolution was done to spread awareness about fundamental rights.
» The first fundamental rights in India were demanded in 1895 by Bal Gangadhar Tilak in the Swaraj Bill / Constitution MLA.
» From 1917 to 1919, the Congress demanded fundamental rights.
» In 1925 Mrs. Annie Besant called for the constitution in “The Common Wealth of India Bill”.
» In 1931, Gandhiji went to England to attend the Second Round Table Conference where he demanded fundamental rights but the Joint Parliamentary Committee of 1934 did not include fundamental rights in the 1935 Act.
» Proposals related to Fundamental Rights were passed by the Congress in the Madras Session of 1927 and Karachi Session of 1930-31.
Note – The President of Madras Session in 1927 DR. M.A.ansari while Sardar Vallabhbhai Patel was the president of the 1931 Karachi session.
» In 1935 p. Jawaharlal Nehru and Tej Bahadur Sapru demanded fundamental rights in 1945.
» A Consultative Committee was formed by the Constituent Assembly headed by Sardar Vallabhbhai Patel which had two subcommittees.
1. Subcommittee on Mul Rights – J.B. Kripalani
2. Subcommittee on minority interests – H C Mukherjee
Note- The President of the Indian National Congress at the time of independence was J.B.Kripalani.
» In 1946 U. N. O. The Social and Economic Council of India constituted a commission to draft human rights under the chairmanship of Eleanor Roosevelt.
» The General Assembly of U N O made a worldwide declaration of human rights on 10 December 1948. Hence, every year on 10 December is observed as Human Rights Day.
» In India, the Protection of Human Rights Act 1993 was passed under which the Human Rights Commission was constituted on 10 October 1993 under the chairmanship of Justice Ranganath Mishra.
(Current Chairman – H L Dattu)
» The Rajasthan State Human Rights Commission was constituted on 18 January 1999 under Section 21 of the Protection of Human Rights Act 1993, duly constituted in March 2000 under the chairmanship of Kanta Bhatnagar, with its current chairman Prakash Tantia.
» Originally the fundamental rights were 7, currently 6.
The right to property described in Article 31 has been given the status of legal right in Article 300 (a).

{1} Fundamental Rights of Equality –

Article 14 to Article 18
Article 14 – “Equality and equal protection before law”.
– Article 14 defines the concept of basic framework.
Article -15 – “Abolition of social discrimination”.
– Based on caste, religion, language, gender and place of birth.
– The state can discriminate for the benefit of women and children.
Article 16 – “Equality of opportunity in the subject of public planning.”
Such as on the basis of caste, language, sex, place of birth and blood group.
– The state may give priority to local in small jobs.
– The state can discriminate for the benefit of scheduled castes and tribes.
Article 17 – “Untouchability / untouchability prohibited”
– First Indian Act 1955
– Amended this Act by the Indira Gandhi Government in 1976 and changed it to the Civil Rights Protection Act 1976.      (Fundamental Rights in India)
Article – 18 – “End of titles”
– The state does not give degrees in any field except military and education.
– If an Indian wants to earn a degree from abroad, then approval from the President of India has to be obtained in the past.
Note – Bharat Ratna Award is given under Article 18.

(2) Fundamental Right to Freedom-

(Articles 19 to Article 22)
Article -19 – “Liberty Mentioned”
– Originally Article 19 mentioned 7 freedoms and currently has six.
Note – Freedom of property as described in Article 19 (1) f was abolished by the 44th Constitutional Amendment Act 1978.
A – Freedom of thought and expression
B – Freedom of Assembly and Conference
C – Freedom to form associations and confederations
D – Freedom to travel freely in Indian territory.
E. Freedom of residence in Indian territory.
G – Freedom of trade and business.
Note – The freedoms described in Article 19 relate to Indian citizens.
Freedom of thought and expression includes –
1. Commercial Advertising
2. Right to Information
3. Freedom of the press
4. Revised Flag Code
5. Resist but not strike.
Article-20 “Protection against crime and guilt”
– The culprit who breaks the law will be otherwise.
– The same punishment for a crime.
– The accused is not bound to witness or evidence against him.
Article-21 “Life and daily freedom / right to live life”
Article-21 (a) – Right to free and compulsory education to boys and girls in the age group 6 to 14.
– Added by Article 21 (a) 86th Constitution Amendment 2002, it is also called the Constitution Amendment of Education.
All fundamental rights except Article-20 and Article-21 can be restricted or abolished during national emergency.

Article -22- “Protection against arrest”
– To explain the reason for the arrest.
– To appear before the nearest judge within 24 hours of arrest.
After the arrest, the accused can consult their lawyer of choice.
– The accused arrested under the Prevention of Independence Prevention Acts found in Article-20 and Article-22 will not be found.
» Major Preventive Prevention Act-
1. MISA – Internal Security Act 1971 – 1978
2. NASA – National Security Act 1980
3. TADA – Terrorist Destructive Activities Prevention Act 1985 – 1995
4. POTO – Prevention of Terrorism Act 2002-04
Currently all Preventive Prevention Act is abolished.
» N I A was formed by the Manmohan Singh government on 1 January 2009 after the terrorist attack in Mumbai on 26/11/2008.
» N I A – The National Investigation Agency suggests to stop the current rising incidents and investigate the incidents
» Preventive Prevention Laws should be made even before independence –
1. Bengal State Prisoner Protection Act 1818
2. India Security Act 1938

{3} Right against exploitation –

Article 23 and article 24
Article -23 – “forced labor, forced labor, human misconduct and prohibition of Sangadi system”
NOTE – Article 23 prohibited bonded labor.
Article – 24 – “Child labor prohibition”
– Workers under 14 years of age are child laborers.
– In May 2015, the central government arranged that the child could work in his ancestral business but there should be a system of primary education along with the work.
– Child labor prohibition laws were enacted in 1986 (Child Protection Act 1986) on the recommendation of Gurupada Swamy in India.
– On 10 October 2006, the Government of India banned child labor altogether.
» In 2014, the Nobel Peace Prize was jointly awarded to Kailash Satyarthi and Malala Yousafzai of Pakistan.
– Kailash Satyarthi was the “Bachpan Bachao” movement in 1980.

(4) Fundamental right to religious freedom-

(Articles 25 to Article 28)
Article 25 – “A person can adopt any religion on the basis of the voice of the inner soul.”
Note – Under Article 25, a person of Sikh religion can keep a saber for 24 hours.
Article 26 – “Establishment and management of religious institutions”
Article 27 – “The amount of donations given to institutions will be tax-free and cannot be done after giving donations to a particular person.
Article 28 – Prohibition of religious education in state, state aided, state recognized educational institutions.

(5) The basic right of education and culture –

(Up to article 29 and article 30)
Article 29 – “Protection of class interests”
– Minority interests – Language, script, living, food and clothing, festivals, customs.
Article 30 – “Establishment of educational institutions for the protection of minority interests”
Like – madrasa

(6) Right to constitutional remedies –

(Article 32)
– Bhimrao Ambedkar has called Article 32 as the soul of the Constitution, while Part 3 has been called the soul of the Constitution.
– Article 32 refers to speedy and speedy justice.
– The Supreme Court under Article 32 and the High Court under Article 226 hear about fundamental rights and issue five types of writ.

Habeas corpusMake an appearancePublic official
Right of inquiryBy what rightPublic official
MotivationCall upJudicial field
The mandateUltimate orderJudicial field
ProhibitionTo refuseJudicial field

Article – 12 – “Definition of the word State”
Article-13 – “Definition of law and law”
– Partial Article 13 mentions judicial review power.
– The power of judicial review was first exercised in America in 1803 – 04 in Judge Madison by the Madison controversy.
Article -33 – Parliament can amend the fundamental rights by the procedure established by law.
Article -34 – Those areas which are under the control of the army are always in fundamental rights, it is not necessary.
Article -35 – Parliament will enact legislation to give effect to fundamental rights.

Fundamental Rights in India Hindi PDF – Click Here

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