Fundamental rights indian constitution pdf

Download Current Affairs App here. Save my name, email, and website in this browser for the next time I comment. Submit Code. Enter verification code:. Send verification text to phone:. Gave the wrong phone number? Edit Number. Send Your phone no has been successfully verified. Set a different course as default. Since this Right created a lot of problems in the way of attaining the goal of socialism and equitable distribution of wealth, it was removed from the list of Fundamental Rights in However, its deletion does not mean that we do not have the right to acquire, hold and dispose of property.

Citizens are still free to enjoy this right. But now it is just a legal or a Constitutional right as incorporated under Art. It is not a Fundamental Right anymore. Shamdasani v. Supreme Court held that fundamental rights are available against the state and not against private individuals because there already are enough safeguards under ordinary laws for such disputes.

Skip to content. Contents of Article. Law of Contracts Notes. Case 2 : Due Process of Law: Due process of law doctrine not only checks if there is a law to deprive the life and personal liberty of a person, but also see if the law made is fair, just and not arbitrary.

If SC finds that any law as not fair, it will declare it as null and void. This doctrine provides for more fair treatment of individual rights. Under due process, it is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that states enact must confirm to the laws of the land like — fairness, fundamental rights, liberty etc.

It also gives the judiciary to access the fundamental fairness, justice, and liberty of any legislation. Article 23 : Prohibition of traffic in human beings and forced labour 1 Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Article 24 : Prohibition of employment of children in factories, etc. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Article 25 : Freedom of conscience and free profession, practice and propagation of religion. Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Explanation II: In sub-Clause b of clause 2 , the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. Article 26 : Freedom to manage religious affairs: Subject to public order, morality and health, every religious denomination or any section thereof shall have the right — a to establish and maintain institutions for religious and charitable purposes; b to manage its own affairs in matters of religion; c to own and acquire movable and immovable property; and d to administer such property in accordance with law.

Article 27 : Freedom as to payment of taxes for promotion of any particular religion No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Article 28 : Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Article 30 : Right of minorities to establish and administer educational institutions.

The provisions relating to the right to property were changed a number of times. The Forty-Fourth Amendment of deleted the right to property from the list of fundamental rights. Thus if a legislature makes a law depriving a person of his property, there would be no obligation on the part of the State to pay anything as compensation. The aggrieved person shall have no right to move the court.

Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law by citizens. Under article , President may also suspend the operations of other FRs in case of national emergency. Exception of 44th amendment for classes who still enjoy right to property.

However, such an amending power of the Parliament is not unlimited but it is limited to the extend of not destroying the Basic Structure of the Constitution. Indian Parliament, during the emergency, enacted 42nd Constitutional Amendment Act, which tried to nullify the ruling took away the power of judicial review in Keshavananda Bharti case but again, Supreme Court struck down such amending changes restoring the earlier position in Minerva Mills vs Union of India, So, the current position is that Parliament can amend any part of the Constitution including fundamental rights as long as such an amendment does not destroy the basic structure of the Constitution.

Concept Of Basic Structure Included: Supremacy of the Constitution Republican and democratic form of government Secular character of the Constitution Separation of powers between the legislature, executive and the judiciary Federal character of the Constitution The mandate to build a welfare state contained in the Directive Principles of State Policy Unity and integrity of the nation Sovereignty of the country Essential features of the individual freedoms secured to the citizens Justice — social, economic and political Liberty of thought, expression, belief, faith and worship Equality of status and the opportunity.

The constitution of India not merely contain the bill of rights, they are not simply paper rights. These rights have been made entrusted with responsibility to enforce them when and where they have been violated.

They are thus the props of the Indian democracy. Importance of Fundamental Rights There is a great importance o fundamental right given in the Indian constitution. They ensure the liberty of individual by putting restriction of the arbitrariness of the government. The jurisdiction of executive and legislature has been clearly laid down in the constitution.

The judiciary has been vested with the responsibility to act the protector and guardian of the right of people. While deciding the famous Golakh Nath case supreme case observed that these rights are immutable and transcendental in character. They can also be selectively curtailed. The Supreme Court has ruled1 that all provisions of the Constitution, Including fundamental rights can be amended. The Parliament cannot alter the basic structure of the constitution. They cannot be abridged or abrogated.

According to K. Since then, it has been made a legal right. There are Now six Fundamental Rights. Article 14 provides: The state will not deny to any person equality before law or the equal protection of the law within the territory of India. Equality before the law: Concept of equality before the law has its origin in U. This is a negative concept implying absence of privilege. That is no one is above the law of the land. However exceptions are allowed by the constitution to the President and Governor.

Above ground can be one of the grounds of discrimination but cannot be only ground. In military males are preferred because of their physical structure. The third clause empowers the state to make special provision for the protection of women and children. The fourth clause enables the state to make special provisions for the protection of the interests of the backward classes.

Article No citizen will, on the grounds only of religion, race, caste, sex, place of birth or residence be ineligible for, or discriminated against in respect of any employment or office under the state. Article Untouchability has a bane of Indian society.

Social justice is impossible to achieve where untouchability is practiced in any form. Article 17 abolishes untouchability and its practice in any form is forbidden. Article Abolition of Titles This art. Provide that no title, not being a military or academic distinction, shall be conferred by the state, clause 2 of the art. Prohibits citizen of India from accepting any title from any foreign state. Clause 3 of the art. Forbid aliens who hold any office of profit or trust under the state, from accepting without the consent of the president any title from foreign state.

Are not violative. These awards merely donate the state recognition of good work by citizens in various fields of activities. Right to Freedom Article 19 to 22 : Article 19 to 22 of the constitution guarantee to the citizens right to freedom or liberty. Article Article 19 is the most important article in Part 3 of the constitution as it guarantees six basic freedoms viz.

Article 19 1 a : No specific provision in the constitution of India guarantees the freedom of Press; the freedom is part of the wider freedom of expression under this article. Reasonable censorship can be imposed in the interest of public order. Article 20 It guarantees certain protection in respect of conviction for offences. Article 21 Constitution provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

It means a person cannot be deprived of his life or personal liberty in an arbitrary. Under due process clause of the American constitution, the court has assumed that the power of declaring unconstitutional any law which deprives a person of his liberty without reasonableness and fairness. It further states that it is the responsibility of the parent or guardian to provide opportunities for education to Their child or ward between the ages of six to fourteen years.