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fundamental rights -article 25 to 30

FUNDAMENTAL RIGHT


The fundamental rights in INDIAN CONSTITUTION acts as a guarantee that all Indian citizens can and will live their lives in peace as long as they live in Indian democracy. The fundamental rights are enshrined in part 3 of the Constitution from articles 12 to 35. In this regard, the framers of the constitution derived inspiration from the constitution of USA (i.e. Bill of Right).

the Right to Property was also included in the fundamental rights, however, the 44th constitutional amendment act, 1978, revised the status of property rights by stating that “no person shall be deprived of his property saved by authority of law”.

Part 3 of the constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of justiciable fundamental rights.

3) Right Against Exploitation: ( Article 23-24)

 

The constitution guarantees the right against exploitation. This right is necessary to supplement the right to freedom. Article 23 says that traffic in human beings and beggar and similar other forms of forced labor are illegal. It is prohibited by the constitution. Any violation of this provision shall be offence punishable in accordance with law. Article 24 prohibits the  employment of children below the age of 14 years in any hazardous employment.

Traffic in human beings implies selling and buying of men and women for immoral purposes. It was very common in pre independence days. It is also present today is some parts of the country. The term beggar means work without payment. To prevent this type of exploitation this provision has been made in the constitution.

4) Right to Freedom of Religion: (article 25 -28)

a) Article 25 gives the citizens freedom of conscience and the right to the practice or propagation of any religion by peaceful means.

b) Article 26 gives freedom to any religious denomination or to any section thereof to establish and maintain institutions for religious and charitable purposes. It can manage its own affairs in matters of religion.

c) No person shall be compelled to pay tax under article 27, the proceeds of which are specifically appropriated in payment of expenses for the maintenance or promotion of any particular religious denomination.

d) Religious instructions cannot be imparted in an institution wholly or partly maintained by the state. Article 28 puts this restriction upon religious institutions.

5) Cultural And Educational Rights: ( Article 29- 30)

India has religious racial and cultural diversities. To maintain the unity of the country in the midst of diversity, the framers of the cultural and educational rights of all citizens of the country should be guaranteed in the constitution.

a)         Article 29 says that any section of the citizens of India having a distinct language, script and cultural has the right to conserve the same. This right is applicable to all sections of the citizens.

b)         Article 30 of the constitution provides that all minorities based on religion or language have the right to establish and administer education institutions of their own choice. The religious and linguistic minorities can administer only those educational institutions which are established by them. The state cannot discriminated against any educational institution on the ground that  is under the management of a minority, whether based on religion or language while granting aid to educational institutions.


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