Fundamental Rights - Revision Notes Notes | EduRev

Indian Polity for UPSC CSE

UPSC : Fundamental Rights - Revision Notes Notes | EduRev

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Types of Fundamental Rights and Classification

FUNDAMENTAL RIGHTS
Fundamental Rights find a place in Part 3 of the Constitution of India. These rights give people protection from oppressive governments and place a duty on the government to uphold them. If our rights are violated by the government, we can go to the court for protection of these rights.

RIGHT TO EQUALITY
The Right to equality includes the following rights:

  • Equal protection of law.
  • Social equality.
  • Equality of opportunity.
  • Abolition of untouchability.
  • Abolition of titles.

RIGHT TO FREEDOM
The Right to Freedom guarantees the following six freedoms:

  • Freedom of speech and expression.
  • Freedom to assemble peacefully without arms.
  • Freedom to form associations or unions.
  • Freedom to move freely.
  • Freedom to reside and settle in any part of the Indian territory.
  • Freedom to practice any profession or to carry on any occupation, trade or business.

WRIT OF PROHIBITION
The writ of prohibition is an order issued by a superior court to a lower court to stop proceedings in a case which might be in excess of the jurisdiction of the lower court.

RIGHT AGAINST EXPLOITATION
It prohibits all forms of forced labour, child labour and traffic of human beings. It is provided under Articles 23 and 24 of the Indian Constitution.

WRIT OF CERTIORARI
This writ is issued by a superior court to a judicial authority desiring "to be informed of what is going on.'' The writ of certiorari is issued after the order has already been passed by the lower court.

RIGHT TO FREEDOM OF RELIGION
All individuals are free to follow their conscience and practice any religion. According to the Constitution, the government does not have any religion. It treats all religions as equal. India is a secular country.

CULTURAL AND EDUCATIONAL RIGHTS
Article 29 gives a section of the people or whole of them the right to preserve their distinct language, script and culture. Article 30 gives all minorities the right to establish and administer the educational institutions of their choice. 

RIGHT TO CONSTITUTIONAL REMEDIES
If our rights are violated, we can go to the government for protection. But if the government itself violates or does not respect our rights, we have the right to move the Courts. The Court will decide if the government has wrongly interfered with our rights and if so, ask the government not to do so. Judiciary is the protector of our rights.

LIMITATIONS OF RIGHT TO FREEDOM - DEFINITION
The citizens of India cannot use their freedom to instigate violence against others. They cannot use it to incite people to rebel against government. Neither can they use it to defame others by saying false and mean things that cause damage to a persons reputation. Citizens should not lead to public disorder or breach of peace in society. 

RIGHT TO EDUCATION - DEFINITION
This right has been granted by the Constitution (Eighty sixth Amendment) Act, 2002. By this Act, a new article 21 A has been inserted in the Constitution which states, ''The state shall provide free and compulsory education to all children of the age of 6 to 14 years in such a manner as the state may, by law, determine.'' 

RIGHT TO PROPERTY - DEFINITION
The right to property is not a Fundamental Right but it is a constitutional right. In the original Constitution the right to property was listed as a fundamental right. By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right and instead, a new provision was added to the Constitution i.e. Article 300-A making it a constitutional right. 

RESTRICTIONS IMPOSED ON FUNDAMENTAL RIGHTS - DEFINITION
Fundamental Rights are not absolute. Reasonable restrictions can be imposed on them because of the general welfare of the society.

  • They can be suspended when the President declares a state of Emergency in the country in case of war, external aggression or armed rebellion.
  • The security of the State and national interest being of paramount interest, reasonable restrictions on the Fundamental Rights can be imposed.
  • There are some laws which restrict the use of these rights in public interest.

SUSPENSION OF FUNDAMENTAL RIGHTS - DEFINITION
The Fundamental rights guaranteed by the Constitution remain suspended, while a proclamation of Emergency is made by the President under Article 352. When a proclamation of emergency is in operation, the President may by Order declare that the right to move a court for the enforcement of any of the Fundamental Rights shall remain suspended for the period during which the proclamation remains in force. 

CHECK ON ARBITRARY ACTIONS OF THE STATE - DEFINITION
The Fundamental Rights secured to the individual are in the nature of limitations or restrictions on the arbitrary actions of the State. Article 13 (2) declares that all laws and executive orders in force immediately before the commencement of the Constitution, inconsistent with the fundamental rights to be ultra vires and void to the extent of such inconsistency.

HUMAN RIGHTS - DEFINITION
Human rights are the rights inherent to all human beings. Human rights are the basic rights which shape the all-round development of every individual. The social and economic rights of man are known as Human Rights. 10th December is observed as Human Rights Day.

STATE HUMAN RIGHTS COMMISSION - DEFINITION
The Protection of Human Rights Act of 1993 has led to the creation of a State Human Rights Commission. The commission is a multi-member body. It consists of a chairperson and two members. A retired Chief Justice of a High Court heads the commission. The Governor appoints the chairperson and members of this commission.

FUNCTION OF STATE HUMAN RIGHTS COMMISSION - DEFINITION

The functions of the Commission are:

  • To inquire into any violation of human rights.
  • To visit jails to study the living conditions of inmates.
  • To review legal safeguards for the protection of human rights.
  • To review the factors including acts of terrorism.
  • To promote research in the field of human rights.
  • To spread human rights literacy among the people.
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