PARTS OF CONSTITUTION (Fundamental Rights)
PART - 03
1895 → First-time demand for fundamental rights.
1923 → Individual demands (verbal) – Annie Beasent
1928 → Motilal Nehru – written demand
1931 → Karachi session (Blueprint of Indian Constitution)
1932 → 2nd Round Table Conference (Gandhi Ji repeated demands of fundamental rights).
1945 → A committee was formed and Chairman – Tej Bhadur Shapru.
- Part -03 (Fundamental Rights)
- Part – 04 (Directive Principal of State)
1215 → Britain (first time in World ) -King John “Magna Carta”
1789 → French Revolution – Liberty, Equality, Fraternity.
There are Six Fundamental Rights:
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right Against Exploitation (23-24)
- Right to Freedom of Religion (Article (25-28)
- Cultural and Education Rights (Article 29-30)
- Right to Constitutional Remedies (Article 32
- Article -31
- No more part of Fundamental Rights
- Right to Property ( Deleted in 44th Amendment Act 1978.
Definition of Fundamental Rights – Fundamental rights are those rights which are essential for the intellectual, moral and spiritual development of individuals.
Article – 13
Parliament has the right to amend in Fundamental Right without changing its basic structure.
Right to Equality
Article – 14
Equality before the law ( British origin) and equal protection of Laws (American const.).
- Article 361 (President/Governor)
Article – 15
Prohibition of discrimination on the ground of religion race, caste or sex.
- Special Provision – women & children.
- Advancement of any social and educationally backward classes ( Reservation, Concession).
Article – 16
Equality of opportunities in matters of public employment.
Article – 17
Abolition of untouchability and prohibition of its practice.
- Can’t be amended
Article – 18
Abolotion of titles
Military and Academics.
Right to Freedom
Article – 19
Article 19 guarantees to all citizens the six rights
Article – 19 (I)
- Freedom of Speech
- Freedom of flag hosting
- Freedom of Press
Article – 19 (II)
- Freedom to conduct a conference/meeting peacefully and without arms and weapons.
Article – 19 (III)
- Freedom to make the union.
Article – 19 (IV)
- Freedom to roam anywhere in India.
- The entry of outsiders in tribal areas is restricted.
- Freedom of movement of prostitutes grounds of public Health/ Morals.
Article – 19 (V)
- Freedom to live anywhere in India
- Jammu Kashmir, prostitutes, habitual offenders.
Article – 19 (VI)
- The right to practice any profession or to carry on occupation trade or trade or business.
Restricted – Human Trafficking/Drug.
Article – 20
- Protection in respect of conviction for offenses.
- It grants protection against arbitrary and excessive punishment to an accused.
Article – 20 (I)
- One can not be a victim before offence declares by the court.
Article – 20 (II)
- Single punishment for a single offense.
Article – 20 (III)
- One can’t force to give a statement against himself.
Article – 21
- Protection of life and personal liberty.
- Freedom of life.
Article – 21(a)
- Free and Compulsory education to children of 6-14 years.
- 86th Constitutional amendment of 2002.
Article – 22
Conversation in case of arrest.
- The person should be informed about the offense before the arrest.
- This is compulsory to present the person in the account or before the magistrate within 24 hours of arrest.
- Arrest power has the right to opt. Lawyer for him.
Right Against Exploitation
Article – 23
Prohibition of trafficking of humans.
Article – 24
- Prohibition of child Labour.
- First time prohibition – Lord Rippon (Factory Act).
Right to Freedom of Religion
Article – 25
One has the right to follow any religion and customs
- Sikh – Kirpan
- Jain – Sanlekhan.
Article – 26
Right to conduct religious programs or meeting.
Article – 27
Every religious income in India wil be consider tax free.
Article – 28
Any educational institute do not provide religious education.
Culture and Educational Right
Article – 29
One has the right to follow and develop his language, Script, and culture.
Article – 30
One can’t be stopped from taking the admission and educational institute and taking the education.
Article – 31
Right to Constitutional Remedies
Article – 32
Right to move the supreme court for the enforcement of fundamental right including writs of
- Against government employee or organisation who did the work against the constitution of India.
- Applied against the lower court.
- SC and HC cancel any decision of a lower court.
- If any person attains a post Illegally. He can be suspended
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