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