FUNDAMENTAL RIGHTS IN INDIA

FUNDAMENTAL RIGHTS IN INDIA

• Part - III of the Constitution (Art 12-35)
• Finalised by a Committee of the Constituent Assembly - Headed by - Sardar Vallabhbhai Patel

NATURE OF RIGHTS

• Provides protection only against the State Action and not against Private Individuals EXCEPT the Right pertaining to UN-TOUCHABLITY and the RIGHT against EXPLOITATION.
  
• In these two cases, fundamental rights are provided against state as well as private individuals.
  
• The State may deny fundamental rights in case of Armed Froces, Paramilitary Personnel, Police, etc in INTEREST OF NATIONAL INTEGRITY.
  
• Except the rights in Art. 20 and 21, President has power  to Suspend the Enforcement of Fundamental Rights.

SO WHAT ARE THE FUNDAMENTS RIGHTS GIVEN TO US BY OUR CONSTITUTION?


Article 14. Equality Before Law


1. The State - Shall NOT - Deny- TO ANY PERSON - Equality before Law OR Equal Protection of Laws WITHIN the territories of INDIA.


2. EQUALTY BEFORE LAW MEANS - NOBODY IS ABOVE THE LAW

Well that sounds cool... but but but...
heres the catch ...how can you be so safe in india.. there are exceptions to everything... 


So even Fundamental Rights come with TERMS & CONDITIONS


EXCEPTIONS TO THE RULE OF EQUALITY:


A. THE PRESIDENT or THE GOVERNOR of a State is NOT answerable to any Court for the exercise and performance of powers and duties
(thats really bad..thats not equality...and it has been for years misused by the government)


B. No CRIMINAL proceedings can be instituted against the PRESIDENT or GOVERNOR in any court of Law DURING their term of the Office 
(yes!! they have immunity from the LAW till they serve the office..bad!!)


C. No Civil Proceedings can be instituted against PRESIDENT or GOVERNOR in any court of Law in respect to acts done in his personal Capacity.


D. Other Exceptions are Immunity given to Diplomats, Ambassadors.

(Well thats an old indian tradition.. DOOT shouldnt be harmed)


ARTICLE 15 :Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Obviously state prevents any kind of discrimination on grounds of religion, race, caste, sex or place of birth

EXCEPTION (it comes up everywhere)

Nothing in this Article shall Prevent from making any special provision  for Womem & Children and Also for the advancement of Socially and Educationally Backward Classes of citizens or SC / ST.


ARTICLE 16.- EQUALITY IN MATTERS OF PUBLIC EMPLOYMENT



1) Equality of opportunity - for all citizens - in matters relating to employment or appointment to any office under the State.
(ok.. nothing much to explain here)



(2) NO CITIZEN shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State.


(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.


ARTICLE 17 - ABOLITION OF UNTOUCHABILITY  


Untouchabilty abolished(.)that is it!!


ARTICLE 18 - ABOLITION OF TITLES


1. No title can be conferred upon by the State except MILITARY and ACADEMIC distinctions.

2. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

3. No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State Right to Freedom.

ARTICLE 19 - RIGHT TO FREEDOM

clause (1) All citizens shall have the right :-

(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practise any profession, or to carry on any occupation, trade or business