| GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: Fundamental rights Dec 7th 2012, 17:12 | GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012 | | The source for all engineering and legal education news in India | | | Fundamental rights Dec 7th 2012, 16:26 Fundamental rights Fundamental rights forms part III of our constitution. These rights are basic rights of citizens of India which grants civil liberties to the citizens so that they can live their life peacefully. Some of these rights are given to Non citizens of India. Violation of these fundamental rights is punishable under law as prescribed in Indian Penal Code (IPC). Supreme and High court can issue Writs if any of these rights is violated. Any law violating any fundamental right is considered to be null or void. Basically there are six main categories into which Fundamental rights are divided: 1. Right to equality (Article 14 to 18) 2. Right to freedom (Article 19 to 22) 3. Right against Exploitation (Article 23 and 24) 4. Right to Freedom of Religion (Article 25 to 28) 5. Cultural and educational rights (Article 29 and 30) 6. Right to constitutional Remedies Right to Equality Equality and Equal Protection before law (Article 14). No discrimination on the basis of religion, cast, creed, sex or place of birth (Article 15). Equal opportunities in case of employment (Article 16). State cannot discriminate against anyone in case of employment and anyone can apply for government jobs. Abolition of Untouchability (Article 17) Abolition of Royal titles (Article 18) Right to Freedom Article 19 gives six Freedoms – (a) Freedom of speech and Expression (b) Right to assemble peacefully without arms (c) Right to form associations or union under reasonable restriction imposed by the state (d) Freedom to move freely throughout the territory of India (e) Freedom of settlement (f) to practice any trade, occupation and business Note: this right was omitted: right to hold, acquire, dispose property Freedom against Ex-post Facto laws, double jeopardy and protection against self-incrimination (Article 20) Freedom of life and personal liberty (Article 21) Right to education (Article 21-A) Right against wrongful arrest/ detention in selected cases (Article 22) Right against Exploitation Prohibition of trafficking in Human and beggar (forced labor) (Article 23) Prohibition of employment of children below the age of 14 in hazardous jobs like factories and mines (Article 24) Right to freedom of religion Freedom of conscience and free profession, practice and propagation of religion. (Article 25) Freedom to manage religious affairs. (Article 26) Freedom as to payment of taxes for promotion of any particular religion (Article 27) Freedom as to attendance at religious instructions in certain educational institutions (Article 28) Cultural and educational rights Right of Minorities to protect their language, script or culture (Article 29) Right of Minorities to establish and maintain their Educational Institutions (Article 30) Right to Constitutional Remedies Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. The court can issue certain Writs to protect the rights. Note: questions on these topics were asked in CLAT 2012 paper. To study any article in detail Google it. Read article 21-A i.e. right to education. Wikipedia is used as a reference to write some part of the above text. |  | | |  |  |
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