Part 3 of Constitution : Fundamental Rights of Citizen of India

  • Part 3 of Indian Constitution consists of the fundamental Rights of citizens of India.
  • Articles in Part 3: Article 12 to 35
  • Fundamental Rights are Justiciable in court of Law
  • They are

Article 12: It defines the “State” which will Provide you fundamental Rights:

  • Union Government
  • State Government
  • Local Government: Panchayati Raj and Municipal Corporation
  • Public Sector Units

Article 13: This article provides “Judicial Review”

  • Any law made that violates the Fundamental Rights will be made Null and Void
  • Supreme Court has the power to interpret the law and make it null and void if it feel it violates the Fundamental Rights

 

 

Fundamental Rights are mentioned in Articles: Article 14 to 32

There are a total of 6 fundamental Rights of India:

  1. Right to equality:  Article 14 to 18
    • Article 14:   Equality  before Law: granted to all humans
    • Article 15:   Prohibition of discrimination by religion, caste, creed etc
    • Article 16:   Equality of opportunity ( This gave rise to Caste based Reservation)
    • Article 17:   Abolition of untouchability
    • Article 18:   Abolition of Titles except military and educational
  2. Right to freedom: Articles 19 to 22
    • Article 19:
    • It remains suspended during National Emergency
    • It gives multiple Rights:
      • Freedom of Speech
      • Freedom of association
      • Freedom to assemble peacefully
      • Freedom to roam anywhere
      • Freedom to settle anywhere
      • Freedom to do business anywhere
    • Article 20: Right to Protection with respect to conviction
      • No ex post facto: No conviction except for violation of law
      • No double Jeopardy No two punishments for same crime
    • Article 21 Right to Life
      • In Meneka Gandhi vs Union Case Supreme Court also provided some indirect Rights
      • Right to live with dignity
      • Right to Privacy
      • Right to livelihood
      • Right to proper health, shelter
    • Article 21 A  (Right to Education ): This was added by 86th amendment 2002. It says that all children between 6 to 14 have right to education
    • Article 22
      • Protection against Arbitrary arrest
      • A person arrested by any authority must be presented in court of law within 24 hours
      • Lawyer must be allowed
  3. Right Against Exploitation:
    • Article 23: Human Trafficking and Forced labor are prohibited
    • Article 24: Child Labor is prohibited (Children less than 14 years of age)
  4. Right to freedom of Religion:
    • Article 25:   Freedom of Conscience and Practice and Propagation of any Religion
    • Article 26    Freedom to manage Religious Affairs
    • Article 27    Prohibitions of taxes on religious grounds
    • Article 28   Freedom to attend Religious Ceremonies at educational institutes
  5. Cultural and Educational Rights:
    • Article 29:   Protection of interests of minorities
    • Article 30:   Rights to minorities to manage educational institutes
  6. Right to Constitutional Remedies:
    • Article 32: You can move to court of Law ( Directly to Supreme Court or High Court ) if you feel your Fundamental Rights are violated
    • It is also known as the “Heart and Soul of Constitution” by Dr. B.R Ambedkar
    • Courts may issue Writs to make sure Fundamental rights are not violated
  7. There also used to be 7th fundamental Right that was Article 31 : Right to Property but now it’s not a fundamental right. Hence there are a total of 6 fundamental rights.

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