Basic Concept Of Fundamental Rights
- The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35).
- Part III of the Constitution is described as the Magna Carta of India.
- ‘Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens.
- The Fundamental Rights: The Constitution of India provides for six Fundamental Rights:
- Right to equality (Articles 14–18)
- Right to freedom (Articles 19–22)
- Right against exploitation (Articles 23–24)
- Right to freedom of religion (Articles 25–28)
- Cultural and educational rights (Articles 29–30)
- Right to constitutional remedies (Article 32)
- Originally the constitution also included Right to property (Article 31). it was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978.
- It is made a legal right under Article 300-A in Part XII of the Constitution.
- Provision for Laws Violating Fundamental Rights: Article 13 of the Indian constitution declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
- This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226).
- Further, the article declares that a constitutional amendment cannot be challenged (as it is not a law).
- However, the Supreme Court in the Kesavananda Bharati case (1973) held that a Constitutional amendment can be challenged if it violates a fundamental right.
- Writ Jurisdiction: A writ is a legal order given by a court of law.
- The Supreme Court (Article 32) and the High courts (Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
Features of the Fundamental Rights:
- Protected by Constitution: Fundamental Rights, unlike ordinary legal rights, are protected and guaranteed by the constitution of the country.
- Some of the rights are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
- Not Sacrosanct, Permanent, or Absolute: They are not sacrosanct or permanent and the Parliament can curtail or repeal them but only by a constitutional amendment act.
- The rights are not absolute but qualified.
- The state can impose reasonable restrictions on them, however, the reasonability of the restrictions is decided by the courts.
- The rights are not absolute but qualified.
- Rights are Justiciable: The rights are justiciable and allow persons to move the courts for their enforcement, if and when they are violated.
- Any aggrieved person can directly go to the Supreme Court in case of violation of any fundamental right.
- Suspension of Rights: The rights can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.
- Further, the six rights guaranteed by Article 19 can be suspended only when there is an external emergency war or external aggression) [and not on the ground of armed rebellion (i.e., internal emergency].
- Restriction of Laws: Their application to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
- Their application can be restricted while martial law (military rule imposed under abnormal circumstances) is in force in any area.
| Fundamental Rights (available to citizens as well foreigners) (except enemy aliens) | Fundamental Rights available to citizens only |
| Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth |
| Equality of opportunity in matters of public employment. |
| Protection of the six fundamental rights of freedom mentioned in article 19. |
| Protection of language, script and culture of minorities. |
| Right of minorities to establish and administer educational institutions |
| |
| |
| |
| |
| |
|
Nice post help4nda
ReplyDelete