CONSTITUTION OF INDIA.FUNDAMENTAL RIGHTS

CONSTITUTION OF INDIA

AT A GLANCE

FUNDAMENTAL RIGHTS

♦ The constitution of India embodies an impressive list of fundamental Right and thus offers to all citizens individually and collectively those basic freedoms and conditions of life which alone can make life significant and democracy fruitful. Such right are considered to be essential for the proper ,moral and material uplift of the people. These right are an integral part of the constitution and hence cannot be altered or taken away by ordinary legislation. These right are fundamental in the sense that any law passed by any legislature in the country would be declared as null and void if it is derogatory to the right guaranteed by the constitution.If any of these rights is violated , the individual affected is entitled to move the supreme court or High court for the protection and enforcement of his right .However ,during operation of emergency,the president may suspend all the Fundamental Right and may also suspend the right people to move the High court for the enforcement of these right. Any such order may extend to the whole or part India The fundamental Right have been classified under the following main heads:

1. Right to Equality.
2. Right to freedom.
3. Right to Freedom of Religion.
4. Right against Exploitation.
5. Cultural and Educational Right.
6. Right to Constitutional Remedies.
7. Right to Education.

1. Right to Equality:

It guarantees to all person ( citizen as well as other) equality before the law and equal protection of law .It prohibits discrimination between citizens on ground of religion ,race ,caste place of birth .All citizens have equal access to shops ,public entertainments and place of public resort,which are maintained wholly or partly by the sate. However,special provisions may be made in respect of woman ,children ,socially and educationally backward classes,and scheduled castes and tribes. The constitution guarantees equal opportunities relating to public employment to all citizens,but some posts may be reserved untouchability and also abolishes the system of conferring titles by the sate, except military and academic distinctions.

2.Right to freedom :

Article 19 of the constitution guarantees freedoms under this right. These are

1. Freedom of speech and expression;
2. Freedom to assemble peaceably and without arms;
3. Freedom of movement throughout India;
4. Freedom to form associations or unions;
5. Freedom to reside and settle in any part of the territory of India; and

6. Freedom to practise any profession or carry on any occupation,trade or business.

These freedoms are subject to reasonable restrictions that may be imposed by the sate, friendly relation with foreign sates, public order, decency or morality or any other restrictions in the interests of the general public.

3. Right to Freedom of Religion:

All citizens have been guaranteed freedom to profess, practise and propagate any religion. Every religion. Group has been given the freedom to manage its religious affairs and to own, acquire and administer property for religious or charitable purposes.

4. Right against Exploitation:

The right seek to ban traffic in human being, beggar or any other from of forced labour. Employment of children below 14 years of age in any factory or mine or other risky occupations is also prohibited by law.

5. Cultural and Educational Right:

This right guarantees to the minorities the right of conserving their language,script and administer educational institutions of their choice.

6. Right to Constitutional Remedies:

It guarantees the right to move the supreme court for the enforcement or Fundamental Right .This right can, however, be suspended during the operation of a proclamation of emergency by the president.

7. Right to Education:

This right has been granted by the 86th constiutional Amendment carried out in 2022. The Amendment stipulates that the ” government shall provide free and compulsory education to all children from the age of 6 to 14 in such a manner as the sate may by law detmine .” The Act also enjoins upon the parents to send their children to school by including it as a Fundamental Duty under Article 51A. Further, it enjoins on the sate to endeavour to provide early childhood care and education to all children until they complet six years of age. It may be noted that if a child is denied this right , he can take the sate to court

  The Right to property ,

Contained in part III _ fundamental Right _ of the constitution, has been repealed by the constitution ( forty- fourth Amendment) Act, 1978 with effect from June 20,1979