August 13, 2012

Fundamental Rights to Indian Citizens

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The Constitution guarantees elaborate Fundamental Rights to Indian citizens, These are contained in Part III of the Constitution. The Fundamental Rights embodied in the Indian constitution acts as a guarante that all Indian citizens can and will lead their lifes in peace as long as they live in Indian democracy. These civil liberties take precedence over any other law of the land. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus.
In addition, the Fundamental Rights for Indians are aimed at overturning the inequities of past social practices. They have also been used to in sucessfully abolishing the “untouchability”; prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth; and forbid trafficking in human beings and also the forced labor. They go beyond conventional civil liberties in protecting cultural and educational rights of minorities by ensuring that minorities may preserve their distinctive languages and establish and administer their own education institutions. 
Originally, the right to property was also included in the Fundamental Rights; however, the Forty-fourth Amendment, passed in 1978, revised the status of property rights by stating that “No person shall be deprived of his property save by authority of law.” Freedom of speech and expression, generally interpreted to include freedom of the press, can be limited “in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence” 

Right to Equality

  • Article 14: Equality before law and equal protection of law
  • Article 15: Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
  • Article 16: Equality of opportunity in matters of public employment
  • Article 17: End of untouchability
  • Article 18: Abolition of titles, Military and academic distinctions are, however, exempted

Right to Freedom

  • Article 19: It guarantees the citizens of India the following six fundamentals freedoms:-
Freedom of Speech and Expression
Freedom of Assembly
Freedom of form Associations
Freedom of Movement
Freedom of Residence and Settlement
Freedom of Profession, Occupation, Trade and Bussiness
  • Article 20: Protection in respect of conviction for offences
  • Article 21: Protection of life and personal liberty
  • Article 22: Protection against arrest and detention in certain cases

Right Against Exploitation

  • Article 23: Traffic in human beings prohibited
  • Article 24: No child below the age of 14 can be employed

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: Prohibits taxes on religious grounds
  • Article 28: Freedom as to attendance at religious ceremonies in certain educational institutions

Cultural and Educational Rights

  • Article 29: Protection of interests of minorities
  • Article 30: Right of minorities to establish and administer educational institutions
  • Article 31: Omitted by the 44th Amendment Act

Right to Constitutional Remedies

  • Article 32: The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar)

Forms of Writ check
Habeas Corpus: Equality before law and equal protection of law

Category : ConstitutionPolity

Comments

2 Responses

  1. Thomas says:

    my grandmother was a thoroughbred Cherokee Indianas a grandchild what rights do I have as an indian decenthow would I find out more information regarding this issue

  2. Archer says:

    Today, while I was at work, my cousin stole my iPad and
    tested to see if itt can survive a forty foot drop,
    just so she can be a youtube sensation. My iPad is now broken and she has 83 views.
    I know this is completely off topic but I had to share it with someone!

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