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Fundamental Rights in The Constitution of India

About the Author: Abirlal Mukherjee

Assistant Professor (Amity University), Digital Humanist
Ph.D in English (GITAM, India), M.A. and B.A. in English (B.C.C., B.K.U, India), P.G.D.E. -I by Research (B.C.U, UK), TESOL Prof. Certification (Arizona State University, USA)

Founder, Chair of the Secretaries of University Learner, India School on Internet Governance Fellow 2024, IIM-B, Member of Internet Society, Bangalore, Internal Complaints Committee Member, GITAM Deemed to be University, Bengaluru, Teach for India Fellow 2023 and Fellowship Recruitment Committee, Delhi

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Fundamental Rights in the Constitution of India (Part III of CoI; Article 12-35)

  1. Inspired from the Constitution of USA (Bill of Rights)
  2. Part III of the Constitution is described as the megna carta of India.
  3. Part III of the CoI consists of justiciable Fundamental Rights
  4. Fundamental Rights promotes Political Democracy, controls tyranny, ‘a government of laws and not of men’
  5. Fundamental Rights are:
    1. not absolute but qualified
    2. Justifiable, guaranteed by Supreme Court
    3. Not sacrosanct or permanent
    4. 6 rights in Article 19  can be suspended during national emergency on the ground of war or external aggression/emergency, not on the ground of internal emergency, except Article 20 & 21
    5. Their scopes of operations are limited by
      1. Article 31 A: Saving of laws providing for acquisition of estates.
      2. Article 31 B: Validation of certain acts and regulations including in the 9th Schedule.
      3. Article 31 C: Saving of laws giving effect to certain directive principles.
      4. Article 33: Restriction on armed forces, para military , police, intelligence agencies.
      5. Article 34: Their application can be restricted while martial law/military rule is in force in any area.
    6. Article 35:
  6. Originally CoI provided for 7 Fundamental Rights:
    1. Right to Equality (Article 14-18)
    2. Right to Freedom (Article 19-22)
    3. Right Against Exploitation (Article 23-24)
    4. Cultural and Educational Rights (Article 29-30)
    5. Right to Property (Article 31) – Deleted in 44th Amendment Act, 1978, made a legal right under article 300-A in Part XII.
    6. Right to Constitutional Remedies (Article 32)
  7. Articles and FR:
General
Article Fundamental Rights
12 Definition of State
13 Laws inconsistent with or in derogation of the Fundamental Rights
Rights to Equality
14 Equality before law
15 Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth.
16 Equality of opportunity in matters of public employment
17 Abolition of untouchability
18 Abolition of titles
Rights to Freedom
19 Protection of certain rights regarding freedom of speech, etc.
20 Protection in respect of conviction for offences
21 Protection of life and personal liberty
21A Right to education
22 Protection against arrest and detention in certain cases
Right against exploitation
23 Prohibition of traffic in human beings and forced labour
24 Prohibition of employment of children in factories, etc.
Right to freedom of religion
25 Freedom of conscience and free profession, practice and propagation of religion.
26 Freedom to manage religious affairs
27 Freedom as to payment of taxes for promotion of any particular religion.
28 Freedom as to attendance at religious instruction or religious worship in certain educational instituents
Cultural and Educational Rights
29 Protection of interests of minorities
30 Rights of minorities to establish and administer educational institutions.
Right to Property (Repealed)
31 Compulsory acquisition of property
Saving of certain laws
31 A Saving of laws providing for acquisition of estates, etc.
31 B Validation of certain acts and regulations
31 C saving of laws giving effect to certain directive principles
31 D saving of laws in respect of anti-national activities (repealed)
Rights to Constitutional Remedies
32 Remedies for enforcement of rights conferred by this part
32 A constitutional validity of state laws not to be considered in proceedings under Article 32 (repealed)
33 Power of parliament to modify the rights conferred by this part in their application to forces, etc.
34 Restriction on rights conferred by this part while martial law is in force in any area
35 Legislation to give effect to the provisions of this part.
  1. Writs
  2. Exceptions of FRs
  3. Armed forces and FR
  4. Martial law and National Emergency
  5. Martial Law and Fundamental Rights
  6. Effecting certain fundamental rights
  7. Right to Property Now
  8. Significance of FRs
  9. Criticisms of FRs
  10. Rights outside Part III
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