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Fundamental Rights.

FUNDAMENTAL RIGHTS

Identify your Rights, Raise your Voice for the Wrong.


Fundamental rights are those rights conferred on Indian citizens mentioned in the third part of the Constitution of India, which cannot be limited by the government in the normal course and whose protection is the highest court of protection. These rights provide the civil liberties of all Indian citizens such that the people of all India can live life equally with peace as an Indian citizen.

The original constitution had seven fundamental rights but currently there are only six fundamental rights. Articles 12 to 35 contained in Part 3 of the Constitution deal with the Fundamental Rights, which have been taken from the Constitution of the United States. Fundamental rights prevent the government from encroaching personal liberty and also place the responsibility of protecting the rights of citizens from encroachment by the society. The Constitution basically provided seven fundamental rights - right to equality, right to freedom, right against exploitation, right to freedom of religion, culture and education, right to property and right to constitutional remedies. However, the right to property was removed from the third part of the constitution by the 44th amendment in 1978.

Right to Equality

Right to Equality

Right to Equality Under Article 14 to 18 taken from England, the following right before the law is quoted from the Constitution of Britain.The constitution provides that all citizens are equal before the law. There can be no discrimination on the basis of civil race, gender, religious belief or place of birth etc. In matters relating to employment in government service, the state can only set specific qualifications and requirements but they cannot discriminate in nature. Right to equality under Article 14 of Indian law. It is one of the fundamental rights. It guarantees the right to equality before the law and equal protection of the laws. It is not only the right of Indian citizens but also the right of non-citizens. Article 14 says "All eyes are equal to the law"

Professor Dice explained the concept of legal equality operating in England, stating: “With us from the Prime Minister to every constable or collector of taxes, every officer has equal responsibility for every act done without any legal Justification as a citizen." The right to equality is an important and meaningful right provided in Articles 14, 15, 16, 17 and 18 of the Constitution. It is the mainstay of all other rights and freedoms, and guarantees the following:

1. Any discrimination in public places on the basis of caste, sex, religion, and descent is prohibited by this article but there is a provision for special protection to children and women.
2. Equality of opportunity in public planning is available to every citizen, but if the government considers it necessary, it can make provision for reservation for those sections who have less representation in the service of the state.
3. Untouchability has been abolished by this Article, conduct of untouchability has a provision of ₹ 500 fine or 6 months imprisonment. This provision was added by the Indian Parliament Act 1955.
4. By this, the titles given by the British government were abolished, only the tradition of giving degrees in education and defense remained.

There are now 6 Fundamental Rights in the Country of India, Which is like this ;-

1. Right to Freedom

Right to Freedom

The purpose of the Indian Constitution is to ensure freedom of thought, expression, faith, religion and worship. Therefore, the right to freedom has been mentioned from Article 19 to 22 of the Constitution. Article 19 is most important in this regard. 7 freedoms were provided to citizens by Article 19 of the original constitution and the sixth freedom was "Freedom of Property". The 44th constitutional amendment has abolished the fundamental right to property as well as "freedom of property" and now citizens have only 6 freedoms: -

Right to Freedom

Freedom of thought and Expression
Freedom of arms and Peaceful Conference
Freedom of Community and Union Building
Freedom of Travel
Freedom of Residence
Freedom of Business

Freedom of thought and Expression

All citizens of India have the freedom to think, give speeches and propagate the ideas of themselves and other persons. Press being a means of propagating ideas, this also includes freedom of the press. Citizens do not have unlimited freedom of thought and expression.

Freedom of arms and Peaceful Conference

A gathering or conference can be organized by individuals to propagate their ideas peacefully and without any weapons and a procession or demonstration can also be organized by them. This freedom (assemble peacefully and without arms) is also not unlimited and this freedom of the individual can be limited by the state in the interest of public safety.

Freedom of Community and Union Building

All citizens have been given freedom to form communities and associations through the constitution, but this freedom is also subject to the restrictions that the state imposes keeping in mind the interests of the common people. Under the guise of this freedom, a person cannot build communities that conspire or disrupt public peace and order.

Freedom of Travel

All citizens of India can roam the entire Indian territory without any restrictions or special authorizations.

Freedom of Residence

Every citizen of India has the freedom to live or settle anywhere in India. This system in relation to travel and residence is in accordance with the single citizenship adopted by the Constitution. On this freedom of travel and residence, the state can also impose appropriate restrictions in the interest of the general public and the interests of scheduled castes and tribes.

Freedom of Business

All citizens in India have the freedom to do any profession, business or business for their livelihood. The state will generally not compel a person to do any particular job, business or occupation nor will it hinder his / her work. But even in this regard, the state has the right to determine the necessary qualifications in relation to certain occupations or to take over any part of a business or industry.

The Right to Freedom is also included under the "Right to Freedom".

2. Right Against Exploitation

In India, slavery has been practiced in one form or another for centuries, under which atrocities on Harijans, agricultural laborers and women have been carried out. Article 23 and Article 24 of the Constitution have given all citizens the right against exploitation (Right Against Exploitation Expla). The following arrangements have been made in the right against exploitation, one of the fundamental rights :-

Disease on Human sale and Forced Labor.

Child Labor means Prohibition of Children to be Servants in Factories, Mines, etc.


Article 23 and 24

Both these clauses (Art.23 and Art.24) work for the rights given to the person in article 21 (Art.23 and Art.24). In Art 21 there is talk of protecting life and personal freedom. Therefore, in article 23 and 24 the following things were added to increase this independence.

Disease on Human sale and Forced Labor

According to Article 23 (1), "the purchase and sale of human beings (forced labor) has been prohibited, the violation of which is a punishable offense according to law." An important exception to the arrangement made in this regard is that The state can implement the scheme of compulsory labor for public purpose. But while doing so, the state will not discriminate between citizens on the basis of religion, race, caste, varna or social level.

Child Labour

Article 24 states that no child under 14 years of age can be employed in factories, mines or any other risky job.

Child Labor means Prohibition of Children to be Servants in Factories, Mines

In fact, the objective of the right against exploitation is to establish a genuine social democracy. In order to make Right Against Exploitation a reality against exploitation, it was declared in July 1975 that "the mortgage labor practice, wherever it is, will be declared illegal."

In 1997, the Supreme Court directed the government to abolish child labor at 6 Ah and also established the "Child Restoration Welfare Fund". Thus, some efforts have been made to abolish child labor, but the fact remains that the situation of child labor still remains. Be it virtually mortgage wages or child labor; Without eliminating the socio-economic factors that give rise to these conditions, they cannot be eliminated.

3. Right to Freedom of Religion

Right to Freedom of Religion

According to Article 25 (1) of the Constitution, every person in India has the freedom to follow any religion, to conduct and to propagate religion. But this freedom is also subject to certain limitations. The state may impose appropriate restrictions on religious freedom in the interest of public order, morality and health and also on some other grounds.

The following rights are described under Article (23-24) :-

1. Freedom of conscience and free acceptance of religion, conduct and propagation. In this, the freedom to keep Sikhs daggers is -
2. Freedom to manage religious affairs.
3. Freedom regarding payment of taxes for the promotion of a particular religion.
4. Independence about religious education or attendance at religious worship in total educational institutions.

Freedom of Conscience and free Acceptance of Religion, conduct and Propagation

It includes freedom of conscience. Under which a person can believe any form of God, can propagate and propagate it, and this can also be considered as a natural religion (conscience) if the person wishes to have freedom, but such work cannot be done on the basis of religion. Which can affect the society. Such as untouchability, human misconduct or understanding someone's work in social environment.


Freedom to Manage Religious Affairs

Under this, any community has the right to establish and nurture religious institutions and manage their religious affairs.
1. It has the right to acquire movable and immovable property and to administer the property.
2. It should be a group of people whose belief system suits their spiritual appeasement according to them.
3. They should have a common organization.
4. Religion should have a specific name.


Freedom regarding payment of taxes for the promotion of a particular religion.

It has been arranged by this, that no person will be forced by the state to give such tax, which nurtures any particular religion.

Independence about religious education or attendance at religious worship in total educational institutions

1. No religious education will be given in any educational institution declared out of state funds.
2. Religious education can be given with the consent of people of the state recognized institutions.
3. Religious education can be imparted with the consent of people in institutions funded by the State Fund. Like - in religious education institutions (members, Sanskrit schools) etc. But according to government instructions, they will also be compulsory to read the Sarkar-directed syllabus.
4. Religious education can be imparted in institutions established by justice (faith).




4. Culture and Education Rights

Culture and Education Rights

There is no definition of minorities in the constitution, it was first defined by the Supreme Court. At present, both the state and the center have the right to determine minorities. For example, in M.P and Delhi, the Jain community enjoys minority status, while in other states they have majority status. First, the MP received minority status to the Jain community.

1. The right of citizens of any class to preserve their culture, language or script.

2- Protection of interests of minorities.

3. Right of minorities to establish and administer educational institutions.

5. Practice of Certain Methods

Rights in order to be meaningful must be enforceable and backed by remedies in case of violation. This article guarantees the right to move Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights and deals with Supreme Court’s power to issue order or writs for the enforcement of Fundamental Rights. Article 33 empowers Parliament to modify the application of Fundamental Rights to the armed forces or forces charged with maintenance of public order. On the other hand, Article 35 lays down that the power to make laws to give effect to certain specified Fundamental Rights shall vests only with the Parliament and not with State Legislatures.

According to Article (31), there is a Provision for Certain statutes of Profession -


1.Prevention of laws providing for the acquisition of estates etc.
2- Validation of certain Acts and Regulations.
3.Prevention of laws giving effect to certain director elements. 


Right to Equality


Dr. Bhimrao Ambedkar termed the right to constitutional remedies (Articles 32–35) as 'the heart and soul of the Constitution'. There are 5 types of provisions within the right to constitutional remedies.

1 - Habeas Corpus: An order to produce any arrested person before the court is issued by the Habeas Corpus. If the method or cause of the arrest is not illegal or satisfactory, the court may issue an order to release the person.
2- Mandate: This order is issued in circumstances where the court feels that a public official is not performing his legal and constitutional duties and this is affecting the fundamental right of a person.
3- Prohibition: When a lower court overruns its jurisdiction and hears a case, the above courts issue a 'prohibition or prohibition article' to prevent it from doing so.
Answer: When the court feels that a person has been appointed to a post on which he has no legal right, then the court by issuing a 'Right to Order' prohibits the person from working in that post.

5- Motivation Writ: When a lower court or a government official does an act without authority, the court transfers the matter under consideration from it to the top court or competent officer by inducement.

1 - Habeas Corpus: An order to produce any arrested person before the court is issued by the Habeas Corpus. If the method or cause of the arrest is not illegal or satisfactory, the court may issue an order to release the person. 2- Mandate: This order is issued in circumstances where the court feels that a public official is not performing his legal and constitutional duties and this is affecting the fundamental right of a person. 3- Prohibition: When a lower court overruns its jurisdiction and hears a case, the above courts issue a 'prohibition or prohibition article' to prevent it from doing so. Answer: When the court feels that a person has been appointed to a post on which he has no legal right, then the court by issuing a 'Right to Order' prohibits the person from working in that post.
5- Motivation Writ: When a lower court or a government official does an act without authority, the court transfers the matter under consideration from it to the top court or competent officer by inducement.
One cannot ignore the fact that every minute of Parliament is valuable. More than two and a half lakh rupees are spent on every single minute of work of the Parliament, ie, more than Rs 12 crore is spent on the 8-hour Parliament proceedings. In the same way, how much economic loss can happen to the country due to uproar in Parliament, boycott of the house's action or postponement of the house for the day can be easily estimated. This huge expenditure on the action of Parliament or Legislative Assembly does not come out of the pockets of these people's representatives, but the entire burden of this burden is borne by the people of the country. The question is, can we be proud of the picture of 'Republic' being presented by our public representatives. If we look at the criminals who get uninterrupted entry into the Parliament or the Legislative Assemblies, then this 'democracy' is becoming less and 'criminology' is becoming more. The true benefit of celebrating an important occasion like Republic Day with such pomp is only when not only a common citizen of the country but even big politicians and bureaucrats understand the dignity of the Constitution and bring transparency in their conduct accordingly.

About India

INDIA
India is one of the oldest civilizations in the world with multicolored diversity and rich cultural heritage. Along with this, it has also molded itself with changing times. After attaining independence, India has made multifaceted social and economic progress. India has become self-sufficient in agriculture and is now counted among the most industrialized countries in the world. Being the seventh largest country in the world, India stands apart from the rest of Asia, which is characterized by mountains and seas and they give it a unique geographical identity. It is narrower than the Tropic of Cancer, surrounded by the huge mountain range Himalayas in the north. The Bay of Bengal in the east, the Arabian Sea in the west and the Hindu Ocean in the south determine its boundary.

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