Indian Constitution Fundamental Rights Presentation

indian fundamental rights with brief explanation

1. Fundamental Rights What are Fundamental Rights? Fundamental Rights are the basic human rights guaranteed by the Constitution of India to all individuals, meant to ensure the dignity, freedom, and equality of every citizen Definition: Fundamental Rights are enshrined in Part III (Articles 12 to 35) of the Indian Constitution. They act as a shield against any arbitrary actions of the State and ensure justice, liberty, and equality. Guaranteed by Part III of the Indian Constitution

2. Importance in a democratic society Protect Individual Liberty Democracies thrive when individuals have freedom of speech, expression, religion, and movement. 2. Ensure Equality Rights like equality before law and non-discrimination help create a just society. 3.Prevent Abuse of Power Fundamental Rights act as a check on government actions and arbitrary laws. 4.Promote Social Justice By protecting vulnerable sections (like minorities, women, and children), democracy becomes more inclusive. 5.Empower Citizens Right to Constitutional Remedies (Article 32) allows citizens to approach courts directly if their rights are violated. 6.Foundation of Democracy These rights are essential for free elections, fair trials, and participatory governance

3. Features of Fundamental Rights Justiciable (enforceable by courts) Not absolut reasonable restrictions Protect individual liberty Applicable to all citizens (some to non-citizens too)

4. Classification of Fundamental Rights 1 . Right to Equality (Articles 14–18) 2. Right to Freedom (Articles 19–22) 3. Right against Exploitation (Articles 23–24) 4. Right to Freedom of Religion (Articles 25–28) 5. Cultural and Educational Rights (Articles 29–30) 6. Right to Constitutional Remedies (Article 32)

5. Right to Equality • Equality before law (Art. 14) • Prohibition of discrimination (Art. 15) • Equality of opportunity (Art. 16) • Abolition of untouchability and titles (Art. 17–18)

6. Right to Freedom • Six freedoms under Article 19 Freedom of speech and expression Freedom to assemble peacefully Freedom to form associations/unions Freedom to move freely throughout India Freedom to reside anywhere in India Freedom to practice any profession or trade

7. • Protection in respect of conviction for offenses (Art. 20) • Protection of life and personal liberty (Art. 21) • Right to education (Art. 21A) • Protection against arrest and detention (Art. 22)

8. • Against Exploitation : No human trafficking or child labor Article 23 : Prohibition of human trafficking and forced labor. Article 24 : Prohibition of employment of children below 14 years in hazardous jobs. 📌 Importance : Prevents exploitation and protects the rights of weaker and vulnerable sections of society. •

9. • Freedom of Religion : (Articles 25–28) Practice, profess, and propagate Article 25 : Freedom of conscience and right to profess, practice, and propagate religion. Article 26 : Freedom to manage religious affairs. Article 27 : No compulsion to pay taxes for religious promotion. Article 28 : Freedom from religious instruction in certain educational institutions. 📌 Importance : Promotes religious freedom and tolerance in a secular nation like India.

10. Cultural and Educational : (Articles 29–30) Rights of minorities to establish institutions Article 29 : Protection of interests of minorities (language, culture). Article 30 : Right of minorities to establish and administer educational institutions. 📌 Importance : Protects the cultural identity and educational rights of linguistic and religious minorities.

11. • Constitutional Remedies : (Article 32) Right to move the Supreme Court for enforcement Citizens can approach the Supreme Court or High Courts to protect their Fundamental Rights. Dr. B.R. Ambedkar called this the "heart and soul of the Constitution." 📌 Writs available under Article 32: Habeas Corpus – to release unlawfully detained persons. Mandamus – directing an authority to perform a public duty. Prohibition – stopping lower courts from acting beyond jurisdiction. Certiorari – to quash orders of lower courts. Quo Warranto – challenging illegal occupation of public office. 📌 Importance : Empowers individuals to seek justice and protection from the judiciary.

12. Article 32 – The Heart and Soul of the Constitution Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution because it gives life to all other rights. 🔍 What It Means: You can go to the Supreme Court (under Article 32) or High Courts (under Article 226) to protect your Fundamental Rights. Courts can issue special orders or writs to enforce rights. Types of Writs (Remedies Habeas Corpus – “Produce the body” → To release someone unlawfully detained. Mandamus – “We command” → To direct a public official to do their duty. Prohibition – → To stop a lower court from acting beyond its power. Certiorari – → To transfer a case from a lower court to a higher court or quash its order. Quo Warranto – “By what authority?” → To question the legality of a person holding public office.

13. • Kesavananda Bharati v. State of Kerala • Maneka Gandhi v. Union of India • Shreya Singhal v. Union of India Importance of Constitutional Remedies: Protects Rule of Law Acts as a check on misuse of power Helps in real enforcement of Fundamental Rights Makes democracy meaningful and accountable Case studies

14. Limitations & Restrictions • Reasonable restrictions in the interest of: - Sovereignty and integrity - Public order - Morality - Security of the State

15. Conclusion • Fundamental Rights = Pillars of Indian Democracy • Balance between individual liberty & social order • Citizens must be aware of their rights