Citizenship
The
Constitution of India provides for a single citizenship for the whole of India.
Every person who was at the commencement of the Constitution (26 January 1950)
domiciled in the territory of India and
(a)
who was born in India; or
(b)
either of whose parents was born in India; or
(c)
who has been ordinarily resident in India for not less than five years became a
citizen of India.
The
Citizenship Act, 1955, deals with matters relating to acquisition,
determination and termination of Indian citizenship after the commencement of
the Constitution.
Fundamental Rights
The
Fundamental Rights in Indian constitution acts as a guarantee that all Indian
citizens can and will live their lifes in peace as long as they live in Indian
democracy. hese include individual rights common to most liberal democracies,
such as equality before law, freedom of speech and expression, and peaceful
assembly, freedom to practice religion, and the right to constitutional
remedies for the protection of civil rights by means of writs such as habeas
corpus. Violation of these rights result in punishments as prescribed in the
Indian Penal Code or other special laws, subject to discretion of the
judiciary. The Fundamental Rights are defined as basic human freedoms which
every Indian citizen has the right to enjoy for a proper and harmonious
development of personality. These rights universally apply to all citizens,
irrespective of race, place of birth, religion, caste or gender. Aliens (persons
who are not citizens) are also considered in matters like equality before law.
They are enforceable by the courts, subject to certain restrictions.
Originally Constitution provided seven Fundamental Rights viz.
Right
to Equality
|
Article
14 :- Equality before law and equal protection of law
Article
15 :- Prohibition of discrimination on grounds only of religion, race, caste,
sex or place of birth.
Article
16 :- Equality of opportunity in matters of public employment
Article
17 :- End of untouchability
Article
18 :- Abolition of titles, Military and academic distinctions are, however,
exempted
|
Right
to Freedom
|
Article
19 :- It guarantees the citizens of India the following six fundamentals
freedoms:-
Freedom
of Speech and Expression
Freedom
of Assembly
Freedom
of form Associations
Freedom
of Movement
Freedom
of Residence and Settlement
Freedom
of Profession, Occupation, Trade and Business
Article
20 :- Protection in respect of conviction for offences
Article
21 :- Protection of life and personal liberty
Article
22 :- Protection against arrest and detention in certain cases
|
Right
Against Exploitation
|
Article
23 :- Traffic in human beings prohibited
Article
24 :- No child below the age of 14 can be employed
|
Right
to freedom of Religion
|
Article
25 :- Freedom of conscience and free profession, practice and propagation of
religion
Article
26 :- Freedom to manage religious affairs
Article
27 :- Prohibits taxes on religious grounds
Article
28 :- Freedom as to attendance at religious ceremonies in certain educational
institutions
|
Cultural
and Educational Rights
|
Article
29 :- Protection of interests of minorities
Article
30 :- Right of minorities to establish and administer educational
institutions
Article
31 :- Omitted by the 44th Amendment Act
|
Right
to Constitutional Remedies
|
Article
32 :- The right to move the Supreme Court in case of their violation (called
Soul and heart of the Constitution by BR Ambedkar)
Forms
of Writ check
Habeas
Corpus :- Equality before law and equal protection of law
|
Right
to Property
|
Article
31:- Provided that "no
person shall be deprived of his property save by authority of law." It
also provided that compensation would be paid to a person whose property has
been taken for public purposes.
|
The right to property was also one of the fundamental rights, according to the
original Constitution. This right was omitted by the 44th Amendment Act in
December, 1978. It is now only a legal right under Article 300-A in Part-XII of
the Constitution. Thus, at present, there are only SIX fundamental rights..
