fundamental rights - from article 14 to 22

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).

Originally, the Right to Property was also included in the fundamental rights, however, the 44^th 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.

Classification:

1)          Right to equality ( article 14 -18)

2)          Right to freedom and personal liberty (article 19-22)

3)          Right against exploitation (article 23-24)

4)          Right to freedom of religion (article 25-28)

5)          Cultural and educational rights (article29-30)

6)          Right to constitutional remedies (article 32).

1)        Right to equality (article 14 – 18):

a)         The state cannot deny to any individual equality before law or its equal protection. Article 14 of the constitution guarantees the right to equality to all persons including those who are not citizens of India.

b)         Article 15 of the Constitution says down that no discrimination shall be made on the ground of religion, race, caste, sex or place of birth.

c)           Article 16 says that there can be no discrimination in respect of recruitment to public offices on the ground of religion, caste, place, etc.

d)         Article 17 has abolished un-touchability and its practice in any form is forbidden.

e)          Article 18 of the constitution provides that the state can confer titles pertaining to military or academic distinctions. Titles have been abolished because they created social distinction. The citizens cannot accept any title from any foreign state without prior approval of the Government of India.

2)           Right to freedom and personal liberty:

(Article 19 – 22)

a)         Right to freedom : Article 19 of the constitution of India guarantees certain rights to the Indian citizen which includes; right to freedom of speech and expression, freedom of assembly , right to from association, freedom of movement, right to reside and settle at any place of the state and freedom of profession, occupation, trade or business.

b)       Article 20 provided protection against arbitrary and exercise for the offences committed by the citizens. No person shall be convicted of any offence except for the violation of law. No person shall be punished for the same offence more than once.

c)           Article 21 says that is no person shall be deprived of his life and personal liberty except according to the procedure established by law.

d)         Article 22 of the constitution provides protection against arrest and detention. An arrested person shall be informed as soon as possible of the grounds for such arrest. He shall be given the right to consult a legal practitioner. A person arrested by the police must be produced before the nearest magistrate within a period of 24 hours on whose orders the detention may be revoked forthwith or extended.