FUNDAMENTAL RIGHTS

FUNDAMENTAL RIGHTS
In our Constitution, Fundamental Rights are enumerated in Part III from Article 14 to 32.Meaning and Importance

• These rights ensure the possibility of fullest physical, mental and moral development of every citizen.
• Fundamental Rights generate a feeling of security among the minorities in the country.
• No democracy can function in the absence of basic rights such as freedom of speech and expression.
• These rights are justiciable.

• The Supreme Court or the High Courts can set aside any law that is found to be infringing or abridging the Fundamental Rights.
• Some of the Fundamental Rights are also enjoyed by foreigners, for example, the Right to Equality before Law and Right to Freedom of Religion.

7 Fundamental Rights were enshrined in the Constitution of India.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. Now, there are 6 Fundamental Rights.

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.

Right to EqualityIt protects the citizens against any discrimination by the State on the basis of religion, caste, race, sex, or place of birth.

It includes 5 types of equalities.

1. Equality before law
2. No discrimination on grounds of religion, race, caste, sex or place of birth
3. Equality of opportunity in matters of public employment
4. Abolition of untouchability
5. Abolition of Titles

Right to FreedomFreedom is the basic characteristic of a true democracy. Our Constitution guarantees to the citizens of India a set of 6 freedoms

1. Freedom of speech and expression
2. Freedom to assemble peacefully without arms
3. Freedom to form associations or unions
4. Freedom to move freely throughout the territory of India
5. Freedom to reside and settle in any part of the territory of India
6. Freedom to practice any profession or to carry on any occupation, trade or business

This right provides 3 safe guards

1. Protection in Respect of Conviction for An Offence
2. Protection of Life and Personal Liberty
3. Prevention against Arbitrary Arrest and Detention

These safeguards however are not available to foreigners as well as to those citizens detained under Preventive Detention Act.

Right to EducationBy the 86th Amendment Act of the Constitution a new article 21-A has been added after Article 21.
“The State shall provide free and compulsory education to all children of the age of six to fourteen in such a manner as the State may by law determine”
It further states that it is the responsibility of the parent or guardian to provide opportunities for education to their child or ward between the age of six to fourteen years.

Right against Exploitation

• It prohibits all forms of forced labour as well as traffic in human beings.
• Our Constitution also provides safeguards for children. It bans the employment of children below the age of fourteen years in any factory, mine or hazardous occupations.

Right to Freedom of Religion

• The Constitution guarantees to every person freedom of conscience and the right to practice and propagate any religion.
• It also permits every religious group, the right to manage its own affairs in matters of religion.
• Every religious sect has the right to establish and maintain institutions for religious and charitable purposes.
• Each religious group is also free to purchase and manage its movable and immovable property in accordance with law, for the propagation of its religion.

Cultural and Educational Rights

• Our constitution provides necessary guarantees to preserve maintain and promote their culture and language.
• The Constitution allows minorities to establish and maintain 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 RemediesThe Constitution empowers the Supreme Court and High Courts to issue orders or writs to protect rights
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: (Latin term) This writ is issued to restrain a person from acting in a public office to which he /she is not entitled.
CERTIORARI: (Latin term) It 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.

If the Fundamental Rights are the cornerstone of our democracy, then the Right to Constitutional Remedies is the soul of the part III of the Constitutions.