15-12-2017, 09:28 AM
FUNDAMENTAL RIGHTS (Articles 12 to 35)
*Father of Fundamental Rights in India
Ans : Sardar Vallabhbhai Patel
*The idea of Fundamental Rights has been taken from the US Constitution (Bill of Rights).
*Part III (Articles 12 to 35) of the Indian Constitution deals with the Fundamental Rights.
*Part III of the constitution is called as the “Magnacarta of India” and the “keystone of the constitution”.
*Fundamental Rights are Justiciable
*The Supreme Court and the High Courts are considered as the guardians of Fundamental Rights in India.
*The Supreme court and High courts can issue writs for the enforcement of fundamental rights.
*In the original constitution, there were seven categories of Fundamental Rights.
*But the Janata Government by the 44th Constitutional Amendment Act of 1978, deleted Right to Property (Article 31) from the list of Fundamental Rights.
*Thus now, there are only six categories of Fundamental Rights.
*At present, Right to Property is a legal right. (Article 300A)
*Article 14 says that all persons are equal before law and entitled to equal protection of the laws.
*Article 15 prohibits discrimination on grounds only of religion, race, caste, sex and place of birth.
*However the state is permitted to make any special provision for the advancement of women and children and of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
*Article 16 provides equality of opportunities in matters of public employment.
*Article 17 abolishes untouchability and forbids its practice in any form.
(1)Right to Equality (14 to 18)
(2)Right to Freedom (19 to 22)
(3)Right against Exploitation (23 & 24)
(4)Right to Freedom of Religion (25 to 28)
(5)Cultural and Educational Rights (29 -30)
(6)Right to Constitutional Remedies (32)
