Fundamental Rights and Protection of Freedom
Fundamental Rights and Protection of Freedom: Fundamental rights are a set of privileges that have been perceived by a significant level of insurance from infringement. These privileges are explicitly distinguished in a constitution or have been tracked down under fair treatment of regulation.
What are Fundamental Rights?
Fundamental rights are a set of rights that the Supreme Court perceives as being fair and legal. Fundamental rights are the essential common liberties cherished in the Constitution of India which are ensured to all residents. They are applied without segregation based on race, religion, orientation, and so forth. Altogether, fundamental rights are enforceable by the courts, dependent upon specific circumstances.
Aim of Fundamental Rights
Fundamental rights for Indians have additionally been pointed towards upsetting the disparities of pre-autonomy social practices. In particular, they have likewise been utilized to nullify distance and thus preclude separation on the grounds of religion, race, position, sex, or spot of birth. They additionally restrict human trafficking and constrained illegal work. They safeguard the social and instructive rights of ethnic and strict minorities by permitting them to save their dialects and layout and control their schooling foundations.
History of Fundamental Rights in India
At the point when India got freedom on 15 August 1947, the errand of fostering a constitution for the country was embraced by the Constituent Assembly of India, made out of chosen delegates under the administration of Rajendra Prasad. The fundamental rights were crafted in the First Draft Constitution in February 1948, the Second Draft Constitution in October 1948, and the last Third Draft Constitution in November 1949.
Fundamental Rights Provided by Constitution of India
There are 6 basic fundamental rights provided by the constitution of India to every citizen of India.
Right to Equality(Articles 14-18)
Right to fairness ensures equivalent rights for everybody, independent of religion, orientation, standing, race, or spot of birth. It guarantees equivalent business potential open doors in the public authority and safeguards against segregation by the State in issues of work based on rank, religion, and so forth. This right incorporates the nullification of titles as well as distance.
Article | Provision |
Article 14 |
Equality before law |
Article 15 |
No discrimination based on caste, creed, race, religion and birth |
Article 16 |
Equality in opportunity |
Article 17 |
Prohibition of untouchability |
Article 18 |
Prohibition of titles |
Right to Freedom (Articles 19 – 22)
The right to freedom ensures opportunity for residents to carry on with an existence of pride in addition to other things. These are given in Articles 19, 20, 21A, and 22 of the Indian Constitution.
Article | Provision |
Article 19 |
Freedom of speech and expression, residence, job, and association |
Article 20 |
Protection concerning conviction for offenses |
Article 21 |
Right to liberty |
Article 21A |
Right to primary education |
Article 22 |
Protection against detention and arrest in certain cases. |
Right against Exploitation (Articles 23 – 24)
The Right against Exploitation is cherished in Articles 23 and 24 of the Indian Constitution. These are significant Fundamental Rights that ensure each resident insurance from any sort of forced work.
Article | Provision |
Article 23 |
Prohibition of human trafficking and forced labor |
Article 24 |
Prohibition of Child labor |
Right to Freedom of Religion (Articles 25 – 28)
The Constitution of India ensures the right to opportunity of religion to people as well as religious groups in India. This is cherished in Articles 25 to 28.
Article | Provision |
Article 25 |
Freedom to practice and propagate any religion |
Article 26 |
Freedom to manage religious affairs |
Article 27 |
Freedom as to payment of taxes for promotion of any religion |
Article 28 |
Freedom to attend religious instruction and religious worship |
Cultural and Educational Rights (Articles 29 – 30)
These rights safeguard the rights of social and semantic minorities, by working with them to protect their legacy and culture. Instructive rights are for guaranteeing school for everybody with next to no segregation.
Article | Provision |
Article 29 |
Protection of Interests of minorities |
Article 30 |
Right to establish minority educational institutions |
Right to Constitutional Remedies (Articles 32 – 35)
The Constitution ensures remedies if residents’ fundamental rights are disregarded. The public authority can’t encroach upon or check anybody’s rights. At the point when these rights are disregarded, the abused party can move toward the courts.
Sample Questions
Question 1: Describe article 19.
Answer:
According to Article 19,all citizens have right to
- Freedom of speech and expression.
- Gather and discuss without arms.
- Form unions and associations.
- Move freely and settle throughout the territory of India.
- Practice any profession and do any business.
Question 2: Write few significant features of fundamental rights.
Answer:
- Fundamental rights are unique in relation to common lawful rights in how they are upheld. On the off chance that a legitimate right is disregarded, the suffered individual can’t straightforwardly move toward the SC bypassing the lower courts. The person ought to initially move toward the lower courts.
- Fundamental rights can be adjourned during a public crisis like a national emergency. But, the rights ensured under Articles 20 and 21 can’t be suspended.
- Fundamental rights are not outright rights. They have sensible limitations, and that implies they are dependent upon the states of state security, public ethical quality, respectability, and amicable relations with far-off nations.
Question 3: Write about the importance of fundamental rights.
Answer:
Fundamental rights are very much essential ,
- To safeguard interests of citizens.
- To seek judicial review.
- To have freedom of expression and living.
- To ensure equality
- To avoid injustice.
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