Fundamental Rights

Fundamental Rights / Fundamental Duties / Directive Principal of State Policy

1. “Rights are those conditions of social life without which no man can develop his best”. This statement Prof. H. J. Laski indicates meaning & importance of rights. Rights are essential for the fullest development of human personality. Every individual is having certain potential capacities, which are hidden. If an opportunity is given to him, he can develop those hidden capabilities. For that freedom is essential.

2. The Indian constitution guarantees to every citizen certain basic rights which are considered to be bed- rock (rule of law)of democracy. The parliament and state legislatures have been given the power to make laws to give effect to rights, and provide punishment for their encroachment and violation.

3. In India as early as 1928 the Nehru Committee report recommended some basic religious & cultural rights of the people. The Simon Commission, which visited India to review India's constitutional progress did not favour the idea of inclusion of Fundamental Rights in the constitution. The Sapru Committee however supported the idea of including such Rights in the constitution. The Cabinet mission plan cancelled the demand for the Constituent Assembly, as well as the need for a written guarantee of fundamental rights in the constitution of India.

4. The constitution makers in India were guided by public sentiments and national demand in this regard. Accordingly constituent assembly elected as Advisory committee consisting of 54 members with Sardar Vallabhbhai Patel as it chairman & Sub committee on Fundamental Rights, with charya Krupalani as its chairman. Shri B. N. Rau & other sub committee members prepared a list of Fundamental Rights which was submitted to Advisory Committee on April 1947.

5. Advisory Committee after making necessary changes, list was submitted to Constituent Assembly on 29 April 1947. Ultimately Fundamental Rights are included in the III rd Part of the constitution ( Article 12 to 35 )

6. Characteristics of Fundamental Rights or Nature of Fundamental Rights Elaborate Rights Limited Rights Suspendable Rights Justiciable Rights Fundamental Rights make distinction between the citizens & Aliens All Fundamental Rights are not Equal Weights.

7. Elaborate Rights: Fundamental Rights are written in so much elaborately that no other constitution has discussed these in such a great length & with such minute details as the constitution of India. Limited Rights: The Rights guaranteed to the people are not absolute, each right is conditioned by duties. There is no right which no corresponding duties. The constitution imposes certain restrictions on the enjoyment of rights. Parliament may make laws in this regard.

8. Provision for the Suspension of Rights: The Constitution provides for suspension of all or any of the Fundamental Rights during an emergency. However, such a suspension automatically ends when the emergency ceases or when the President withdraws it. Justiciable Rights: Fundamental Rights have been made Justiciable. Justiciable rights means if any of these rights are violated by the government or anyone else, the individual has the right to approach the Supreme Court or High Courts for the protection and enforcement of his/her Fundamental Rights. Thus, the Constitution not only grants but also guarantees these rights.

9. Fundamental Rights make distinction between the citizens & Aliens: All rights are not available to all living in India. Some Rights like equality before law , equal protection etc. are available to any person living in the country. Some fundamental are exclusive to the citizens only. Right to freedom of speech, equal opportunity for public employment ,right to Assembly is available only to citizens.

10. SIX FUNDAMENTAL RIGHTS Right to EQUALITY Right to FREEDOM Right against EXPLOITATION Right to freedom of RELIGION CULTURAL and EDUCATIONAL rights Right to CONSTITUTIONAL REMEDIES

11. Equality before Law :- Article 14 of the Indian constitution guarantees that all citizens shall be equally protected by the laws of the country. Social equality and equal access to public areas :- Article 15 of the 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, bathing and temples etc. However the state may make any special provision for women and children.

12. Equality in matters of public employment :- Article 16 of the constitution lays down that the state cannot discriminate against anyone in the matters of employment . All citizens can apply for government jobs. Abolition of untouchability :- Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law. Abolition of Titles :- Article 18 of the constitution prohibits the state from conferring any titles. Citizens of India cannot accept titles from a foreign state.

13. ARTICLE 19 – 22 Article 19 :- says that all citizens shall have the right to freedom of speech and expression. To assemble peacefully and without arms. To move freely throughout the territory of India. To practice any profession or to carry on any occupation, trade or business.

14. Freedom of Speech & Expression: under Article 19 of the constitution, it is provided that the citizens shall have right of freedom of expression. However state can put necessary restrictions on the ground of Sovereignty and integrity of India. This freedom should not endanger sovereignty, public order, and spoil India's relations with foreign countries. Freedom to Assemble [Article 19 (1) b]: All the citizens of India have the right to assemble, and can hold meetings and demonstrations and take out procession.

15. Freedom of Associations and Unions[Article 19 (1) (C)]: This Article guarantees to all citizens the right to form Associations and Unions. Citizens can form Pol.Parties, Socities, Clubs, trade unions etc. Freedom to move throughout territory of India [Article 19 (1) (d)]: As per this Article Citizens of India have right to move freely throughout the territory of India. They can travel to any part of India. However reasonable restriction can be imposed. Freedom to reside and settle in any part of India

16. Article 20: No Ex post Falto (No convention except from the violation of Law) No double Jeopardy (Two punishment for same time) Article 21: Right to Life Right to live with dignity Right to live with Privacy Right to livelihood (do job) Right to proper health, shelter, etc

17. Article 21A states that shall provide free and Compulsory education to all children of the age of 6 – 14 years. Article 22: Protection against arbitrary arrest Present before court of Law with 24 hours Lawyer must be allowed

18. Right to Against Exploitation: Article 23: Prohibited of Human traffic and forced Labour Article 24: Prohibited of Child Labour