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Fundamental Rights of Indian
Citizens in Hindi
The Fundamental Rights, embodied in Part 3 of the Constitution, ensure civil rights for all Indians and prevent the government from encroaching on individual liberties and also put the onus on the state to protect the rights of citizens from encroachment by society. Originally seven Fundamental Rights were provided by the Constitution – 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 Part III of the Constitution by the 44th Amendment in 1978.
The idea of Fundamental Rights originated from the Magna Carta of England in 1215 AD.
In France, the practice of getting constitutional recognition of the declaration of certain rights necessary for the life of a person by including human rights in the constitution of 1789 started.
Bill of Rights (Letter of Rights) was included by amending the US Constitution in 1791 AD.
The first demand for the implementation of Fundamental Rights in India arose in 1895.
Annie Besant presented the demand for fundamental rights during the Home Rule Movement
These rights were also demanded in The Commonwealth of India Bill in 1925 AD.
In the Madras session of the Indian National Congress in 1927, a resolution related to this was passed.
Fundamental rights were also demanded in the Nehru Report presented by Motilal Nehru in 1928.
The Karachi session of the Congress (1931) and the Second Round Table Conference Mahatma Gandhi demanded these rights.
On the advice of the Cabinet Mission 1946, a Consultative Committee on Value Rights and Rights of Minorities was formed, headed by Sardar Vallabhbhai Patel.
The Consultative Committee constituted 5 more committees on 27 February 1947, one of which was related to Fundamental Rights.
Members of Fundamental Rights Sub-Committee JB Kriplani, Meenu Masani, K. T. Shah, A. Of. Iyer, K. M. Munshi, K. M. Panikkar, and Rajkumari Amrit Kaur were
Fundamental rights were included in the Constitution on the recommendations of the Consultative Committee and the Sub-Committee.
Classification of Fundamental Rights
- Seven types of fundamental rights were provided in the original constitution of India, Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Right to culture and education, Right to property, Right to constitutional remedies
- Of these, the right to property was removed from the list of Fundamental Rights by the 44th Constitutional Amendment in 1978 AD.
- At present the right to property is enshrined as a legal right under Article 300(A).
- Article 12 - Fundamental rights apply equally to the entire territory
- Article 13 - If the fundamental right is violated by custom, tradition, superstition, then such elements can be declared illegal by the court
Right to Equality
- Article 14 - All persons are equal before the law Equality before the law is excerpted from the Constitution of Britain
- Article 15 - Any discrimination in public places on the basis of caste, sex, religion and race is prohibited by this article but there is a provision of special protection for children and women.
- Article 16 - Equality of opportunity in public employment is available to every citizen, but if the government considers it necessary, it can make provision for reservation for those classes which are less represented in the service of the state.
- Article 17- Untouchability has been abolished by this article, there is a provision of ₹ 500 fine or 6 months imprisonment for the practice of untouchability, this provision was added by the Indian Parliament Act 1955.
- Article 18 - By this the titles given by the British government were abolished, only the tradition of awarding degrees in education and defense continued.
. Right to freedom
Article 19 mentions 7 freedoms in the original constitution
freedom of thought and expression
Freedom to hold peaceful conferences without economics
Freedom to form associations or associations
Freedom to settle in any part of India (except Jammu and Kashmir)
Freedom to acquire and spend property (revoked by 44th amendment)
Freedom to earn a living (The Supreme Court ruled in 1977 in the State of Orissa vs Lakhan Lal that the business of narcotics, smuggling and narcotics etc. does not come under earning of livelihood)
There is no specific provision in our constitution to give freedom of press because freedom of press is included in Article 19(1)(a)
Freedom of expression includes printing
Certain limitations have been laid down by Article 19(2) of the freedom of the press.
The state can make laws on the freedom of the press, on security, sovereignty, integrity, friendly relations with foreign states, public order, etiquette, incitement to contempt of court, offense etc.
Article 20 - Any person may be punished for the contravention of the laws in force but shall be punished only once for an offense and not repeatedly
Article 21 - Life and personal liberty have been provided to every person under this article, the Supreme Court has defined it in the following way
The Supreme Court in its judgment in Subhash Kumar Vs. State of Bihar 1991 said that the consumption of unpolluted water and air is also a fundamental right of the citizens.
Supreme Court in another case Parmanand vs Union of India 1989 The Supreme Court ruled that whether a person is guilty or not, his life should be protected and the sick and the sick should get medical facilities.
Article 22 - The provisions made under this article are called Preventive Detention Act
The person arrested by the police is told the reason for his arrest immediately, if the reason is not given, the arrested person can know the reason after bail.
Such legislation provides that it is mandatory to produce the arrested person in the nearest magistrate's court within 24 hours.
The Internal Security System Ordinance was passed on 7 May 1971 against subversive works.
In June 1971, the Internal Security System Act was enacted, giving the ordinance the form of a law.
In 1970 AD, the Foreign Exchange Protection and Smuggling Prevention Act was enacted to prevent fraud in smuggling foreign exchange.
The MISA Act was repealed as it was contrary to the 44th Constitutional Amendment.
The National Security Ordinance was issued on 24 September 1983 with the objective of controlling subversive activities.
In 1985 AD, giving legal status to the National Security Ordinance, it was called TADA, it was abolished on 23 May 1995.
In the year 2003, with the aim of controlling terrorism and subversive actions, the Parliament implemented POTA Act in a joint session.
United Progressive Alliance government repeals POTA Act
. Right Against Exploitation
Article 23 - Buying and selling of human beings, forced labour, forced physical abuse by any person is prohibited.
Article 24- It is forbidden to employ a child up to 14 years of age in any dangerous work.
. Right to Religious Freedom
Article 25 - Freedom of conscience has been given to every person by this article towards morality, religious order and health
Article 26- Under this, description of religious community and related privileges has been given, trust can be created and developed by donation, any religious institution can be established with the amount of donation, there will be no tax on donation.
Article 27 - The state on its part cannot encourage or discourage any religion
Article 28 - It is forbidden to give education to the state wholly or partly by religion, but organizations based on religious trusts can give such education as madrassas.
.Cultural and Educational Rights Article 29 (i) Such a class of people who do not find the language or script of India compatible with their culture, they can adopt another language, script and culture Article 29 (ii) - their language with the people of the group classified in article 29 (i) And there should be no discrimination against them on account of scriptArticle 30(i) People of such different language and culture may establish educational institutions for the development of their language and culture.
.Right to Compulsory Education
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