Constitution of India

Fundamental Rights of The Citizens:

India was under foreign rule till 1947. The notions of citizenship and citizens rights were a dream for Indians. Yet in those days people felt the need for some rights as well as some facilities as these were essential for development of one’s individual personality.

The Indian National Congress was established in 1885 with the aim of acquiring some basic rights for the Indians. Gradually the demand for rights of Indians citizens begin to crystallize and finally, after Independence, the new Constitution guaranteed some rights to the people of India (1950).

Historical Background Of The Indian Constitution

Indian Constitution and Fundamental Rights:

Articles 12 to 35 of the Constitution enumerate the Fundamental Rights. Originally there were seven such rights. However, after the 44^thConstitutions Amendment of 1978, the Right to Property (Article 31) was removed from the list of Fundamental Rights. It is now an ordinary legal right under Art. 300A inserted by the 44^th Amendment Act, 1978. The Fundamental Rights now recognized are as follows-

1. Right to Equality. (Article 14-18)

2. Right to Freedom. (Article 19-22)

3. Right against Exploitation. (Article 23-24)

4. Freedom of Religion. (Article 25-28)

5. Cultural and Educational Right. (Article 29-30)

6. Right to Constitution Remedies. (Article 32)

Preamble To The Constitution Of India

1.Right to Equality:

Every person within the territory of India has right to equality before the law and the equal protection of the laws, i.e., the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. [Article 14]
The state shall not discrimination against any citizens on grounds only of religion, race, caste, sex, place of birth or any of them in regard to access to shops, public restaurants, hotels and places of public entertainment. [Article 15] exception—The state can make special provision for women and children.
There shall be equal opportunity for all citizens in matters relating to employment or appointment to any office of the state, and that no citizens shall, on grounds of religion, race, caste, sex, place of birth or any of them, be ineligible for any office under the state. [Article 16]. However, the state may make reservation in appointments in favour of any backward classes of citizens.
Abolishes the practice of untouchability which is a punishable offence in accordance with the law. The Parliament has enacted the Untouchability Offences Act in 1995, which deals with the penalties and punitive measures to be adopted if untouchability is practised. [Article 17]
Prohibits the Government from conferring titles other than military or academic distinctions. An Indian citizens cannot accept any titles from abroad [Article18]. wAHHuy8uyuiwryhe8ryHowever, the Government has practically ignored this Article and continues to award titles such as ‘Bharat Ratna’, ‘Padma Bhushan’ etc. In this respect there was a criticism in certain quarters that Padma awards by Government were a violation of Article 18. However, finally the Supreme Court gave the judgment that these were not titles, but awards and accordingly it was not any violation of Article 18.

2.Right to Freedom:

Freedom is an indispensable prerequisite of a democratic system. The Indian Constitution gives Indian citizens the Right to Freedom. This right guarantees to citizens six Fundamental Freedoms viz., Freedom of Speech and Expression, Freedom of Assembly, Freedom to Form Associations, Freedom of Movement, Freedom to reside and settle in any part of the country and Freedom of protection occupation trade business. The original Constitution also guaranteed freedom of acquiring holding and disposing of projects but this was dropped by the 44^thAmendment Act.

Article 20 also contains right to protection in respect of conviction for offences and Article 21 deals with Right of Protection of life and personal liberty. Art. 22 deals with protection against detention in certain cases.

Parts And Schedules Of The Constitution

3. Right against Exploitation:

Right against Exploitation includes –

a) prohibition of traffic in human beings and forced labour. Art-23

b) prohibition on employment of any child below the age of 14 years in any hazardous work. Art-24

4. Right to Freedom of Religion:

Every citizen is free to profess, practice and propagate any religion. Every religious denomination has the right to establish and maintain institutions for religious and charitable purpose. The State can neither patronize any particular religion nor ask any citizen to pay taxes for the promotion of any religion. No religious instructions can be imparted in educational institutions maintained by the state or receiving aid from it.

5. Cultural and Educational Rights:

Article 29 contains protection of interests of Minorities, and Article 30 deals with Right of Minorities to establish and administer Educational Institutions.

6. Right to Constitutional Remedies:

It is not enough to have the Fundamental Rights promised in the Constitution without specifying the means of realising or enforcing these rights. The Fundamental Rights of citizens may be abridged or taken away by the executive or the legislature. So it is important to have provisions in the Constitution itself that will guarantee the Fundamental Rights. The Right to Constitutional Remedies as specified in Article 32 and upheld by Article 226 is very much important for Indian Constitution, Dr. Ambedkar considered this right to be the most important of all the Fundamental Rights. He referred to it as being the ‘very soul’ and ‘very heart’ of the Constitution.

WRITS

The Supreme Court and also the High Court shall have the power to issue directions or writs including the writs in nature of ------

1. Habeascorpus: The writs of habeas corpus are in the nature of an order. It is issued against wrongful detention. By issuing such a writ the court can order that a person who has been imprisoned be brought before it to know the reason of his detention and set him free if there is no legal justification for the imprisonment. The words ‘habeascorpus’ means to have a body.

2. Mandamus: Mandamus means command. It commands the person to whom it is addressed to perform some public or quasi-public legal duty which has refused to perform and the performance of which cannot be enforced by any other adequate legal remedy.

3. Prohibition: The writ of prohibition is issued by the Supreme Court or a High Court to an inferior court or a lower court forbidding the latter to discontinue proceeding in a case which is outside its jurisdiction.

4. Certiorari: The writ of Certiorari is issued to a lower court after a case has been decided by it quashing the decisions or order. It is issued when a court acts beyond its jurisdiction.

5. Quo Warranto: It is a proceeding by which the court enquires into the legality of the claim of a person to public office and to remove him from enjoyment If the claim is not well-founded.

Historical Background Of The Indian Constitution
Preamble To The Constitution Of India
Parts And Schedules Of The Constitution
Citizenship
Fundamentals Rights Of The Constitution
Directive Principles Of State Policy & Fundamental Duties
The Parliament
The Prime Minister And The Council Of Ministers
The President
The State Legislature
Council Of Ministers With Chief Minister
The Governor
Attorney General And Advocate General
Panchayati Raj System
Municipality And Municipal Corporation
The Comptroller And Auditor General Of India
Services Under Union And States
The Election Commission
The Emergency Provisions
Special Provision For Certain Classes
Amendment Ability Of The Constitution

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