Fundamental Rights (Moulik Adhikar): Those rights which are fundamental to the life of a person and are provided to the citizens by the Constitution and in which the state cannot interfere. These are the rights that are necessary for the complete development of a person’s personality and without which a man cannot make his full development.
Fundamental Rights (Moulik Adhikar) of Citizens of India
The original constitution had seven fundamental rights (Moulik Adhikar), but through the 44th constitution amendment, the right to property has been removed from the list of fundamental rights and it has been kept as a legal right under Article 300 (a) of the constitution.
It is derived from the Constitution of the United States. Its description is in Part-3 of the Constitution (Article 12 to Article 35). It can be amended and other fundamental rights except for the right to life and personal liberty can be suspended during a national emergency (Article 352).
Indian citizens have the following fundamental rights:
- Right to equality (Article 14 to Article 18)
- Right to freedom (Articles 19 to 22)
- Right against exploitation (Articles 23 to 24)
- Right to religious freedom (Articles 25 to 28)
- Culture and education rights (Articles 29 to 30)
- Constitutional Rights (Article 32)
Right to Equality (Article 14 to Article 18)
Under this right, all the citizens of the state will not be discriminated against in any area on the basis of caste, religion, and gender. Under the right to equality, the law of the state will be equally applicable to all persons.
Right to Freedom (Articles 19 to 22)
Under the right to freedom, a person has the freedom to live in any part of the country, to get an education, to do business, etc. Under this right, the citizens of the country have the freedom to speak, form associations, travel, etc.
Right Against Exploitation (Articles 23 to 24)
- Articles 23: Prohibition of human trafficking and forced labour: It has prohibited the purchase and sale of a person, forced labour and other similar forced labour, which is a punishable offence according to law.
- Articles 24: Prohibition of employment of children: No child below the age of 14 years can be employed in factories, mines or any other risky job.
Right to Religious Freedom (Articles 25 to 28)
Under the right to religious freedom, every citizen of our country has the freedom to adopt any religion and also has the freedom to propagate it. If he wants to adopt any other religion except his religion, he can adopt it, no legal action will be taken on it.
Rights Related to Culture and Education (Articles 29 to 30)
Under this right, citizens of any section of our country have the right to preserve their script, language, and culture. Under this, any minority class can run an education institution to the best of its ability.
Right to Constitutional Remedies (Article 32)
The right to constitutional remedies has been considered by Dr Bhimrao Ambedkar as the ‘heart’ of the constitution. There are five types of provisions under this right.
- Habeas Corpus
- Rights Quotes
Habeas Corpus: ‘Habeas Corpus’ is issued on the application of a person who realizes that he has been held captive without any offence. As soon as the application is received, the court orders the officers who held the person captive to present the detained person at a certain time and at a certain place so that the court would consider why he was imprisoned.
Mandate: The ‘mandate’ or ‘decree’ is issued when the court (government) is made aware that an officer does not properly perform his legal and public duty due to which the fundamental rights of a person are affected. This decree or mandate is issued.
Prohibition Articles: This writ is issued by the High Court and the Supreme Court. When a lower court proceedings a case or case outside its ‘jurisdiction’, a ‘prohibition note’ is issued as an order not to stop or take action on the case.
Inducement: Under this, if an officer or a lower court do any work without any order or authority, then the court sends the matter from it to the higher court or higher officer by persuasion.
Rights Inquiry: According to the ‘Rights Inquiry’, when a person is appointed as an officer or starts to work on which he has no ‘legal right’ to act, the Court shall give the ‘Rights Quiz- The article prohibits him from working by issuing orders and cannot work until the person gives a full explanation in his favour.
Amendment in Fundamental Rights (Moulik Adhikar)
- In the decision given before the decision of Golaknath v. State of Punjab (1976), it was determined that any part of the constitution could be amended, which included Article 368 and Fundamental Rights.
- The Supreme Court, in the decision of Golaknath v. Punjab Statehood (1967), prohibited the amendment of Fundamental Rights through the procedure laid down in Article 368. That is, Parliament cannot amend fundamental rights.
- Articles 13 and 368 were amended by the 24th Constitution Amendment (1971) and it was determined that the basic rights can be amended by the procedure given in Article 368.
- In Kesavananda Bharti v. Kerala Statehood decision, such amendment was accorded legal recognition i.e. Golaknath v. State of Punjab was repealed.
- Clauses 4 and 5 were added to Article 368 by the 42nd Constitution Amendment and it was arranged that such amendment cannot be questioned in any court.
- By the decision of Minerva Mills v Union of India (1980), it was determined that the court has the right to protect the basic features of the constitution and the court can review any amendment on this basis. The system made by the 42nd Constitution amendment was also abolished.
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