TNPSC - Important Notes of Indian Constitution - Fundamental Rights - Part - 2

Fundamental Rights
Fundamental Rights have been incorporated in part III of our Constitution from article 14- 32. These rights protect and safeguard the dignity and status of the citizens. These rights are justiciable i.e. are enforceable by the court of law.

1. The rights, which are enshrined in the Constitution, are called ‘Fundamental Rights’.  Fundamental Rights as one of the salient features of the Constitution. In this lesson, we will discuss in detail various Fundamental Rights which are incorporated in chapler III of the Constitution.

2. In our Constitution, Fundamental Rights are enumerated in Part III from Article 14 to 32. These rights are justiciable.

3. Seven Fundamental Rights were enshrined in the Constitution of India. However the Right to Property was removed from the list of Fundamental Rights by the 44th Amendment Act of the Constitution in the year 1976. Since then, it has been made a legal right. There are now six Fundamental Rights.
The Fundamental Rights are: -
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights, and
6. Right to Constitutional Remedies.

4. Recently by the 86th Amendment Act, the Right to Education has been included in the list of Fundamental Rights as part of the Right to Freedom by adding Article 21(A).

Right To Equality
Right to Equality means that all citizens enjoy equal privileges and  opportunities. It protectthe citizens against any discrimination by the State on the basis of religion, caste, race, sex, or place of birth. Right to Equality includes five types of equalities.
a. Equality Before Law
b. No Discrimnation on Grounds of Religion, Race, Caste, Sex, Place of Birth or any of them
c. Equality Of Opportunity In Matters Of Public Employment
d. Abolition of Untouchability
e. Abolition of Titles

Right To Freedom
a. Six Fundamental Freedoms: The Constitution guarantees the following six Fundamental Freedoms:
(i) Freedom of speech and expression.
(ii) Freedom to assemble peacefully without arms.
(iii) Freedom to form associations or unions.
(iv) Freedom to move freely throughout the territory of India.
(v) Freedom to reside and settle in any part of the territory of India.
(vi) Freedom to practise any profession or to carry on any occupation, trade or business.

{Note: These freedoms can be suspended during the State of National Emergency. As soon as the State of National Emergency is declared under Article 352, the above-mentioned freedoms except the right to life and liberty, automatically remain suspended as long as the State of National Emergency continues.}

b. Protection in Respect of Conviction for An Offence

c. Protection of Life and Personal Liberty

e. Prevention against Arbitrary Arrest and Detention

{Note: Preventive Detention: When the State feels that a person is likely to commit crime or is a threat to the security of the State, he/she may be detained without trial for a limited period. However, no person can be kept under detention for more than three months until permitted by an Advisory Board consisting of persons who are qualified to be appointed as judges of the High Courts. Such a board is presided over by a sitting judge of a High Court}

f. Right to Education: By the 86th Amendment Act of the Constitution a new article 21-A has been added after Article 21. By this Amendment Act, Right to Education has been made a Fundamental Right and has been deleted from the list of Directive Principles of State Policy.

Right against Explotation
The people of India were exploited not only by the British but also by the money lenders and zamindars. This system was called forced labour. Right against exploitation prohibits all forms of forced labour as well as traffic in human beings . The violation of this provision is an offence punishable under law. 

Right to Freedom of Religion
India is a multireligious state. Besides Hindus, there are Muslims, Sikhs, Christians and many others residing in our country. The Constitution guarantees to every person freedom of conscience and the right to practice and propagate any religion

Cultural and Educational Rights
India is a vast country with diversity of culture, Script and languages. People take pride in their own language and culture. Our constitution provides necessary guarantees to preserve maintain and promote their culture and language. The Constitution allows minorities to establish and maintains educational  institutions of their own. It also provides that the state shall not discriminate against any educational institution while granting financial aid on the grounds that it is being run by a minority community.

Right To Constitutional Remedies
Part III of our Constitution provides for legal remedies for the protection of these rights against their violation by the State or other institutions/individuals. It entitles the citizens of India to move the Supreme Court or High Courts for the enforcement of these rights. The State is forbidden from making any law that may be in conflict with the Fundamentals Rights.
The Constitution empowers the Supreme Court and High Courts to issue orders or writs as mentioned in the box given below

HABEAS CORPUS; (Latin term) It is an order by the court to the state to produce the person physically before it justify the confinement or release of the person. 
MANDAMUS: (Latin term) It is a command or an order from a superior court to a subordinate court or tribunal or public authority to perform its duty in case it is not doing it.
PROHIBITION: It is an order issued by the Superior Court to forbid a subordinate court or tribunal from proceeding with a case which is beyond its jurisdiction.
QUO WARRANTO: This writ is issued to restrain a person from acting in a public office to which he /she is not entitled.
CERTIORARI : The term certiorari means “to be informed of what is going”. It is an order to a lower court from a superior court to transfer the matter to it or to any other court for deciding the matter.

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