presentation on FUNDAMENTAL RIGHTS

4. THE FUNDAMENTAL RIGHTS ARE
DEFINED AS A BASIC HUMAN RIGHTS
OF ALL THE CITIZENS
THE CONSTITUTION OF INDIA
GUARANTEED ELABORATE
FUNDAMENTAL RIGHTS TO ITS CITIZEN
IN PART 3 OF THE CONSTITUTION. SO
IT IS VERY ESSENTIAL FOR AN
INDIVIDUAL FOR HIS ALL ROUND

5. 1>Fundamental rights protect the rights & liberties of the
people against arbitary power
2>They are very essential for the growth of the individual
personality & to achieve the welfare of the people
3> They establish a government of law & not of a man
4>They give self confidence to the people by providing
equal opportunities & protection from the law
5>They impose negative obligation on the government
not to encroach or individual liberty

6. SEVEN FUNDAMENTAL RIGHTS WERE
ORIGINALLY PROVIDED BY THE
CONSTITUTION . RIGHT TO EQUALITY ,
RIGHT AGAINST EXPLOITATION , RIGHT
TO CULTURAL & EDUCATIONAL , RIGHT
TO CONSTITUTIONAL REMEDIES , RIGHT
TO FREEDOM , RIGHT TO FREEDOM OF
RELIGION & RIGHT TO PROPERTY
HOWEVER THE RIGHT TO PROPERTY
WAS REMOVED FROM PART 3 OF THE
CONSTITUTION BY THE 44TH
AMENDMENT IN 1978

9. RIGHT TO EQUALITY
RIGHT TO EQUALITY MEANS THAT ALL THE CITIZENS
ARE EQUAL TO IN THE EYE OF THE LAW
EQUALITY BEFORE LAW
ARTICLE 14 OF THE INDIAN CONSTITUTION
GUARANTEES THAT ALL CITIZENS SHALL BE PROTECTED BY THE LAW
OF THE COUNTRY
SOCIAL EQUALITY & EQUAL ACCESS TO PUBLIC AREAS
ARTICLE 15 OF THE INDIAN CONSTITUTION STATES
THAT NO PERSON SHALL BE DISCRIMINATED ON THE BASIS OF CASTE
, COLOUR , LANGUAGE , ETC. EVERY PERSON SHALL HAVE EQUAL
ACCESS TO PUBLIC PLACES LIKE PUBLIC PARKS , MUSEUMS , WELLS ,
TEMPLES , ETC. HOWEVER THE STATE CAN MAKE ANY SPECIAL
PROVISION FOR WOMEN & CHILDREN

10. EQUAL IN MATTERS OF PUBLIC EMPLOYMENT
ARTICLE 16 OF THE CONSTITUTION LAYS
DOWN THE STATE CANNOT DISCRIMINATE ANYONE IN
THE MATTERS OF EMPLOYMENT . ALL CITIZENS CAN
APPLY FOR GOVERNMENT JOBS.
ABOLITION OF UNTOUCHABILITY
ARTICLE 17 OF THE CONSTITUTION
ABOLISHES THE PRACTISES OF UNTOUCHABILITY.
PRACTISE OF UNTOUCHABILITY IS AN OFFENCE &
ANYONE DOING SO IS PUNISHABLE BY LAW.

12. THE CONSTITUTION OF INDIA CONTAINS THE
RIGHT TO FREEDOM GIVEN IN ARTCLE 19 , 20 ,
21 & 22 WITH THE VIEW OF GUARANTEEING
INDIVIDUAL RIGHTS THAT WERE CONSIDERED
VITAL BY THE FRAMERS OF THE CONSTITUTION .
THE RIGHT TO FREEDOM IN ARTICLE 19
GUARANTEES THE FOLLOWING FREEDOM
* FREEDOM OF SPEECH & EXPRESSION
* FREEDOM TO ASSEMBLE PEACEFULLY WITHOUT
ARMS
* FREEDOM TO FORM ASSOCIATION / UNIONS
* FREEDOM TO MOVE FREELY THROUGHOUT THE
GEOGRAPHICAL BOUNDARY OF THE COUNTRY
* FREEDOM TO RESIDE & RESETTLE IN ANY PARTS
OF THE TERRITARY OF INDIA

13. RIGHT TO FREEDOM IS THE MOST IMPORTANT OF ALL
RIGHTS. FREEDOM RIGHTS IS KNOWN AS THE SOUL OF
FUNDAMENTAL RIGHTS. ALL THE 6 RIGHTS OF
FREEDOM IS ALSO IMPORTANT.
FREEDOMS TO FORM ASSOCIATION , FREEDOM OF
MOVEMENT , FREEDOM OF PROFESSION ARE THE
CERTAIN RIGHTS THAT GIVE MEANING TO DIFFERENT
ASPECT OF PERSONALITY OF INDIVIDUAL
FREEDOM OF SPEECH & EXPRESSION
IT ENABLES AN INDIVIDUAL TO PARTICIPATE
IN PUBLIC ACTIVITIES

14. FREEDOM TO ASSEMBLE PEACEFULLY WITHOUT ARMS
AN INDIAN CITIZEN CAN MOVE FREELY FROM ONE
STATE TO ANOTHER STATE & ANYWHERE WITHIN A STATE. A
PERSON FREE TO MOVE FROM ANY POINT TO ANY POINT WITHIN
THE COUNTRY’S TERRITORY. THERE ARE CERTAIN EXEPTIONS
SUCH AS SCHEDULED TRIBES ARES & ARMY AREAS.
FREEDOM OF RESIDENCE
AN INDIAN CITIZEN IS FREE TO RESIDE IN ANY STATE
EXEPT JAMMU KASHMIR. AGAIN THIS SUBJECT IS TO CERTAIN
RESTRICTION
FREEDOM OF TRADE & OCCUPATION / PROFESSION
THE CONSTITUTION OF INDIA GUARANTEES EACH OF ITS
CITIZENS TO DO TRADE OCCUPATION / BUSINESS ANYWHERE IN
THE GEOGRAPHICAL BOUNDARY OF THE COUNTRY

17. FREEDOM OF RELIGION IN INDIA IS A FUNDAMENTAL
RIGHTS GUARANTEED BY THE COUNTRY’S
CONSTITUTION. MODERN INDIA CAME INTO EXISTENCE
IN 1947 AS A SECULAR NATION & THE INDIAN
CONSTITUTION PREAMBLE STATES THAT THE INDIA IS A
SECULAR STATE . EVERY CITIZEN OF INDIA HAS A RIGHT
TO PROMOTE , PRACTISE THEIR RELIGION PEACEFULLY.
ACCORDING TO THE CONSTITUTION ALL RELIGION
ARE EQUAL BEFORE THE STATE & NO RELIGION SHALL BE
GIVEN PREFERENCE OVER THE OTHER . CITIZENS ARE
FREE TO PREACH , PRACTISE , & PROPAGATE ANY
RELIGION OF THEIR CHOICE
THE OBJECTIVES OF THIS RIGHT IS TO SUSTAIN THE
PRINCIPLE OF SECULARISAM IN INDIA.
IN SECULAR STATE THE STATE IS ONLY CONCERNED
WITH THE RELATION BETWEEN MAN & MAN , BUT NOT
WITH RELATION OF MAN WITH GOD

18. INDIA HAS A HINDU PRESIDENT PRANAB
MUKHERGEE ,MUSLIM VICE PRESIDENT M.HAMID
ANSARI , A SIKH PRIME MINISTER MANAMOHAN
SINGH & AN ATHEIST DEFENCE MINISTER A.K
ANTONY. THE LEADER OF THE LARGEST PARTY
‘THE INDIAN NATIONAL CONGRESS’ SONIA GANDHI
IS AN CATHOLIC CHRISTIAN WHILE THE LEADER OF
THE OPPOSITION IS SUSHMA SWARAJ A HINDU.
INDIA’S EX-PRESIDENT A.P.J ABDUL KALAM WAS A
MUSLIM OUT OF THE 12 PRESIDENT OF INDIA SINCE
INDEPENDENCE 3 HAVE BEEN MUSLIM & ONE SIKH.
INDIA HAD A PROMINENT FORMER DEFENCE
MINISTER GEORGE FERNANDES A CHRISTIAN.
INDIAS AIR FORCE CHIEF , FALI .H.MAJOR WAS A
ZORASTRIAN

22. INDIA, BEING A DIVERSE COUNTRY WITH A MYRIAD OF
ETHNIC BACKGROUNDS, RELIGIOUS INFLUENCE AND
VARIED SUB-CULTURES, ALSO HAVE MINORITY GROUPS.
ARTICLES 29 TO 30 OF THE INDIAN CONSTITUTION
EFFECTIVELY AIM TO ERADICATE THIS PROBLEM BY
MAKING A PROVISION IN THE ARTICLE KNOWN AS
‘RIGHT TO CULTURAL AND EDUCATIONAL RIGHTS OF
MINORITY GROUPS’.

23. AS INDIA IS A COUNTRY OF MANY
LANGUAGES, RELIGIONS, AND CULTURES,
THE CONSTITUTION PROVIDES SPECIAL
MEASURES, IN ARTICLES 29 AND 30, TO
PROTECT THE RIGHTS OF THE MINORITIES.
THE CULTURAL AND EDUCATIONAL
RIGHTS IS ONE OF THE SIX FUNDAMENTAL
RIGHTS THAT HAVE BEEN GRANTED TO US
IN THE INDIAN CONSTITUTION. THIS
RIGHT ALLOWS EVERY CITIZEN OF INDIA
TO HAVE A CULTURAL AND EDUCATION
UP TO WHERE THAT PERSON WANTS.

24. THIS FUNDAMENTAL RIGHT IS
DESCRIBED IN THE
CONSTITUTION AS:
* ANY SECTION OF THE CITIZENS
RESIDING IN THE TERRITORY OF INDIA
OR ANY PART THERE OF HAVING A
DISTINCT LANGUAGE, SCRIPT OR
CULTURE OF ITS OWN SHALL HAVE THE
RIGHT TO CONSERVE THE SAME.
* NO CITIZEN SHALL BE DENIED
ADMISSION INTO ANY EDUCATIONAL
INSTITUTION MAINTAINED BY THE
STATE OR RECEIVING AID OUT OF STATE
FUNDS ON GROUNDS ONLY OF
RELIGION, RACE, CASTE, LANGUAGE OR
ANY OF THEM.

25. * ALL MINORITIES, WHETHER BASED ON RELIGION OR
LANGUAGE, SHALL HAVE THE RIGHT TO ESTABLISH
AND ADMINISTER EDUCATIONAL INSTITUTIONS OF
THEIR CHOICE.
* IN MAKING ANY LAW PROVIDING FOR THE
COMPULSORY ACQUISITION OF ANY PROPERTY OF
ANY EDUCATIONAL INSTITUTION ESTABLISHED AND
ADMINISTERED BY A MINORITY, REFERRED TO IN
CLAUSE (1), THE STATE SHALL ENSURE THAT THE
AMOUNT FIXED BY OR DETERMINED UNDER SUCH LAW
FOR THE ACQUISITION OF SUCH PROPERTY IS SUCH
AS WOULD NOT RESTRICT OR ABROGATE THE RIGHT
GUARANTEED UNDER THAT CLAUSE

27. THIS RIGHT SEEKS TO PROTECTION THE WEAKER
SECTION AGAINST EXPLOITATION & TO CHECK THE
UTILIZATION OF PERSON FOR ONCE SELFISH ENDS EVEN
BY THE STATE & UNPRINCIPLED PERSONS.
• FORCED & BOUNDED LABOUR WAS FREQUENTLY
PRACTISED EARLIER.
•PEOPLE WERE MADE TO WORK WITH REMUNERATION BY
LANDLORD.UNDER THE RIGHTS AGAINST EXPLOITATION
BEGGAR IS NOW DECLARED A CLAIMED ARTICLE 23 &
ARTICLE 24 PROHIBIT THE EMPLOYMENT OF CHILDREN
BELOW THE AGE OF 14 YEARS IN HAZARDOUS
INDUSTRIES & MINES.
•IT LEGALY PROHIBITS THE EXPLOITATION OF
AGRICULTURE & OTHER LABOUR
•IT PUTS AN END TO THE CUSTOM DEVADASIS.
•IT BANS THE SALE & PURCHASE OF WOMEN & CHILDREN
•TRAFFICKING IN HUMAN FOR THE PURPOSE OF SLAVE
TRADE IS ALSO PROHIBITED BY LAW

29. RIGHT TO CONSTITUTIONAL REMEDIES WAS
REGARDED AS HEART AND SOUL OF OUR
CONSTITUTION BECAUSETHIS 'RIGHT ' MAKES OTHER
'RIGHTS ' EFFECTIVE. IF SOMETIMES OUR RIGHTS ARE
VIOLATED BY FELLOWCITIZENS, PRIVATE BODIES OR
BY THE GOVERNMENT, WE CAN SEEK REMEDY
THROUGH COURTS. IF IT IS AFUNDAMENTAL RIGHT
WE CAN DIRECTLY APPROACH THE SUPREME COURT
OR THE HIGH COURT OF A STATE.
THAT IS WHY DR. AMBEDKAR CALLED IT "THE HEART
AND SOUL" OF OUR CONSTITUTION.

30. Right to constitutional remedies is very
special rights
1> IF THE CITIZENS CAN VIOLATED THE FUNDAMENTAL
RIGHTS HE CAN APPROACH A COURT OF LAW & CAN
RESTORE
2>IN CASE OF IMPRISONMENT , THE CITIZENS CAN ASK
THE COURT TO SEE IF ITS ACCORDING TO THE
PROVISION OF LAW OF THE COUNTRY
3>IF THE COURT IS SATISFIED THAT HIS ARREST IS
UNLAWFUL , THE PERSON IS FREED.
4> THE COURT CAN ISSUE DIFFERENT WRITS TO
PROTECT CITIZEN RIGHT. THE SUPREME COURT & HIGH
COURT CAN ISSUE THE FOLLOWING WRITS

31. *WRITS OF HAEBOS CORPUS
IF A PERSON IS ARRESTED UNLAWFULLY HE CAN
SUBMIT AN APPLICATION IN COURT AGAINST THE
ARREST , I F A COURT IS SATISFIED THAT HIS ARREST
UNLAWFULLY THE PERSON IS FREED.
*WRITS OF MANDAMOUS
BY ISSUING THIS WRITS THE SUPREME COURT / HIGH
COURT CAN ORDER AN EMPLOYED CORPORATION ,
INSTITUTION OR A PUBLIC BODY TO PERFORM
FUNCTIONS / DUTIES ARE NOT BEING PERFORMED
*WRITS OF PROHIBITION
THIS WRITS CAN BE ISSUED BY THE HIGH COURT A
SUBORDINATE COURT TO INSTRUCT IT NOT TO ACT
OUTSIDE ITS JURISDICTION.