FUNDAMENTAL RIGHTS REVISION PART – I

Dr, Kaushik Mitra

Head, Department of Political Science, Lucknow Christian Degree College, Lucknow.

B. A. Semester-II

Political Science - Paper II

CONSTITUTION OF INDIA

FUNDAMENTAL RIGHTS REVISION PART – I

RIGHTS: Rights are those conditions of social life without which no man can seek to be himself at the best

FUNDAMENTAL RIGHTS: These rights are fundamental in the sense that they have been incorporated in fundamental law (i.e. constitution) of the land.

They are fundamental in the sense that they are justifiable rights enforceable by the courts & are available to all citizens.

They are fundamental in the sense that they are binding on public authorities in India, on the central Govt. as well as State Govts. & Local Bodies.

Fundamental Rights – Part III (Art. 12 to 35)

Ø  Right to Equality (Art.14 to 18)

Ø  Right to Freedom (Art.19 to 22)

Ø  Right against Exploitation (Art.23 & 24)

Ø  Right to Freedom of Religion (Art.25 to 28)

Ø  Cultural & Educational Rights (Art.29 & 30)

Ø  Right to Constitutional Remedies (Art.32 to 35)

I. Right to Equality (Art.14 to 18)

v  Equality before Law (Art.14)

v  Protection from discrimination on grounds only of religion, race, caste, sex or place of birth (Art.15)

v  Equal opportunity in matters of public employment (Art.16)

v  Abolition of Untouchability (Art.17)

v  Abolition of Titles (Art.18)

II. Right to Freedom (Art.19 to 22)

1.      All citizens shall have the right (Art.19)

                                                              i.      To freedom of speech and expression;

                                                            ii.      To assemble peacefully and without arms;

                                                          iii.      To form associations or unions;

                                                          iv.      To move freely throughout the territory of India;

                                                            v.      To reside and settle in any part of the territory of India;

                                                          vi.      Of property – repealed by 44th amendment, 1978

                                                        vii.      To practice any profession, or to carry or any occupation trade or business;

2.      Protection in respect of Conviction for offences. (Art. 20)

3.      Protection of life and personal liberty. (Art. 21)

  

4.      The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. (Art. 21A)

5.      Protection against arrest and detention in certain cases.(Art. 22) Not available to:

                                                    i.      Citizen of enemy nation.

ii.   Arrested against the ‘Preventive Detention Act.’

III. Right Against Exploitation (Art. 23 & 24)

v  Prohibition of traffic in human being and forced labour (Art. 23)

v  Prohibition of Children in factories, etc. (Art. 24)

TO BE CONTINUED……….