Thursday 20 December 2012

FUNDAMENTAL RIGHTS

The constitution of India gives the following fundamental rights to all its citizens:
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1.  RIGHT TO EQUALITY ( Articles 14 - 18)
Article 14-The state shall not deny to any person equality before law or equal protection of laws within the territory  of India. 
Article 15-Prohibition of discrimination on the grounds only of Religion, caste, sex, race, or place of birth.
Article 16- Equality of opportunity in matters of Public employment
Article 17- Abolition of UNTOUCHABILITY
Article 18- Abolition of Titles

2. RIGHT TO FREEDOM ( Articles 19- 22)
     Article 19 guarantees Six fundamental freedoms:
  • 19(1) a- Freedom of speech and expression
  • 19(1) b- Freedom to assemble peacefully and without arms
  • 19(1) c- Freedom to form associations or unions and cooperative societies(after amendment of 2011)
  • 19(1) d- Freedom to move freely throughout the territories of india
  • 19(1) e- Freedom to reside and settle in any part within the territories of India
  • 19(1) f- Freedom to acquire property ( DELETED- 44th Amendment)
  • 19(1) g- Freedom to practice any profession or to carry any occupation, trade or business.
     Article 20 provides the following safeguards to any person accused of crimes.
  • Ex posto facto law (clause 1)
  • double jeopardy  (clause 2)
  • prohibition against self incrimination (clause 3)
    Article 21 of the of the constitution says:
  • Protection of Life and Personal Liberty
  • Right to live with human dignity
  • Right to livelihood
  • Right to shelter
  • Right to privacy
  • right to health and Medical assistance.
RIGHT TO DIE IS NOT A FUNDAMENTAL RIGHT UNDER ARTICLE 21 
  Article 22 lays down specific safeguards against arrest and detention:

  •   A person arrested cannot be detained in custody unless he has been informed of such grounds of arrest.
  • such person shall have a right to consult a lawyer of his choice. such person must be produced before the nearest magistrate within 24 hours of arrest, excluding the time of journey.
  • such person shall not be detained under custody for more than 24 hours without authority of magistrate.


3. RIGHT AGAINST EXPLOITATION ( Article 23-24)
  • prohibition of TRAFFIC in human beings and forced labour (article 23)
  • no child labor    (article 24)
4. RIGHT TO FREEDOM OF RELIGION ( Article 25- 28)
  • Article 25: right to practice any profession
  • Article 26: right to belief in any religion
  • Article 27: no person shall compelled to pay taxes till the time it is applicable.
  • Article 28:prohibition of religious instruction in state- aided institution


5. CULTURAL AND EDUCATIONAL RIGHTS (Articles 29-30)
   Article 29:
  •    any citizen of India living in the territory of India having a distinct language has a right to conserve the same.
  • no citizen shall be denied to take admission in any educational institution maintained by state on the basis of caste religion sex or race.

6. RIGHT TO PROPERTY( Article - 31)     {AMENDED}
7. RIGHT TO CONSTITUTIONAL REMEDIES (Article 32)
 Any person who's fundamental right has been violated has a right to move to supreme court for the enforcement of his fundamental right.
"UBI JUS IBI REMEDIUM" means where there is a right there is a remedy.

The remedies which are available :
1. HABEAS CORPUS
2. MANDAMUS
3. PROHIBITION
4 CERTIORARI
5. QUO WARANTO


1 comments:

  1. the details of the remedies will be published on 22nd dec 2012

    ReplyDelete

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