OUR FUNDAMENTAL RIGHTS

It is very important for us to understand our rights. the Fundamental rights are a part of the Part III of the Constitution of India. It is one of the most important parts of the constitution. The Art.12 of the constitution defines state as the only element that can violates the fundamental rights of an individual. Therefore, if one has to file a case foe violation of fundamental rights, the respondent will be state. the Art.13 of the constitution talks about those laws that are inconsistent with the fundamental rights. the clause 1 of the article talks about the laws that were in existence before the constitution came into force. It says that those laws in contradictory with the fundamental rights will be declared void. The second clause of the article says that the state or the parliament will not make any laws that are inconsistent with or are going against the fundamental rights and any law made so will be considered void. The clause 1 of the article talks about the pre- constitutional laws and the clause 2 of the article talks about the post constitutional laws. The clause 3 of this article attempts to define laws. Those laws under Art.13(3) are considered under Art.13(1) and Art.13(2). The fourth clause of this article states that the provisions of this article do not apply to those constitutional amendments made under Art.368 of the constitution. This part of the constitution covers Art. 12- Art.35 of the constitution. There are mainly 6 fundamental rights and they are: –

  1. Right to equality (art.14- art. Art.18)

the Art.14 of the constitution states” 14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”  This article talks about 2 main elements that is equality before law equal protection of laws.

Art.15 of the Constitution talks about prohibition of discrimination on the grounds of religion, sex, place of birth, rase or place of birth.

Art.16 of the constitution talks about equality of opportunity in in matter of public employment. This article talks about reservation of appointments of backward classes.

Art. 17 of the constitution talks about abolition of untouchability shall be an offence.

Art.18 of the constitution talks about abolition of titles which includes titles like sir and does not include educational titles like Dr. 

  1. Right to freedom (Art. 19- Art. 22)

Art.19 of the is a part of the golden triangle. It talks about freedom of speech.

Art. 20 talks about protection in respect of conviction for offences.

Art.21 in also part of the golden triangle. It talks about protection of life and personal liberty.

Art.21A talks about right to equality.  The Art.22 of the constitution talks about protection against arrest and detention.

  1. Right against exploitation (Art. 23- Art.24)

Art.23 talks about human trafficking and forced labour of people.

Art. 24 of the constitution talks about prohibition of child labour.

  1. Right to freedom of religion (Art. 25- Art. 28)

Art.25 of the constitution talks about freedom of profession, practice and propagation of religion.

Art.26 talks about freedom to manage religious affairs.

Art. 27 talks about freedom as to payment of taxes foe religious affairs.

At.28 says that everyone has the right to religious worship and it cannot be forced upon anyone in any educational institutions.

  • Cultural and educational rights (Art. 29- Art. 30)

The Art.29 protects the interests of minorities and art. 30 gives the right to minorities to establish and administer educational institutions.

  • Right to constitutional remedies (Art. 32- Art. 35)

Art. 32 is called the heart and soul of Indian Constitution because it gives the remedies foe enforcement of rights conferred by the part 3 of the Constitution.

Art. 33 gives the parliament the power to modify the provisions of this part.

Art.34 talks about the restriction of fundamental rights when martial law is in force.

Art. 35 talks about legislation to give effect to the provisions of this part.


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