Fundamental Rights enshrined in Indian Constitution

Fundamental Rights

1. Fundamental Rights

2. Definition Fundamental Rights are essential human rights that are offered to every citizen irrespective of caste, race, creed, place of birth, religion or gender. These are equal to freedoms and these rights are essential for personal good and the society at large. Fundamental Rights are basic human rights guaranteed by the Indian Constitution.

3. Historical Context Origins: Influences from the American Bill of Rights and British traditions. Constituent Assembly: Formed in 1946 to draft the constitution of India with a objective to create a constitution that reflects the values of democracy, equality and justice. The constitution was adopted on January 26, 1950.

4. Six Fundamental Rights Right to Equality Right to Freedom Right to Freedom from Exploitation Right to Freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies

5. Right to Equality Art 14 Equality before law. Art 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Art 16 Equality of opportunity in matters of public employment. Art 17 Abolition of Untouchability . Art 18 Abolition of titles. Maneka Gandhi v. UOI, AIR 1978 SC, 567

6. Right to Freedom Art 19 Protection of freedoms (speech, assembly, association, movement, residence). Art 20 Protection against retrospective punishment. Art 21 Protection of life and personal liberty. Art 22 Protection against arbitary arrest and detention in certain cases.

7. Right against Exploitation Art. 23 Prohibition of trafficking in human beings and forced labor. Art. 24 Prohibition of employment of children in factories, etc.

8. Right to Freedom of Religion Art. 25 Freedom of conscience and free profession, practice and propagation of religion. Art. 26 Freedom to manage religious affairs. Art. 27 Freedom as to payment of taxes for promotion of any particular religion. Art. 28 Freedom from attending religious instruction or religious worship in certain educational institutions.

9. Cultural and Educational Rights Art 29 Protection of cultural and educational rights of Minorities. Art 30 Right of minorities to establish and administer educational institutions.

10. Right to Constitutional Remedies Art 32 Right to move the Supreme Court for enforcement of Fundamental Rights. Art 33 Restrictions on Fundamental Rights for armed forces. Art 34 Restrictions during martial law. Art 35 Laws for the Enforcement of Fundamental Rights.

11. Enforcement of Fundamental Rights Mechanisms: Supreme Court, High Courts. Limitations: Can be restricted under reasonable conditions.

12. Case Studies Kesavananda Bharati v. State of Kerala : Basic structure doctrine. Maneka Gandhi v. Union of India : Expansion of Article 21. Vishaka v. State of Rajasthan : Sexual harassment guidelines.

13. Conclusion Q & A Session Discussion

14. THANK YOU !!