Monday, 25 December 2017

List of Fundamental Right of Indian Constitution

By GK Planet Team Monday, 25 December 2017

Fundamental Rights In Constitution of India

› The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or sex.

Fundamental Rights are essential human rights that are offered to every citizen irrespective of caste, race, creed, place of birth, religion or gender. These are equal to freedoms and these rights are essential for personal good and the society at large.

› The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties and the rights of the citizens to the State. These sections comprise a constitutional bill of rights for government policy-making and the behavior and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.

Fundamental rights of Indian constitution

The Fundamental Rights Chapter of the Constitution of India now has a new addition as the supreme court finally ruled that right to privacy is a fundamental right. The basic fundamental rights are Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and Educational rights and Right to constitutional remedies.

Fundamental Rights

1. Right to Equality

2. Right to Freedom

3. Right against Exploitation

4. Right to Freedom of Religion

5. Cultural and Educational Rights

6. Right to Constitutional Remedies

7. Right to Privacy

The seven fundamental rights recognized by the Indian constitution are:

Right to equality: Which includes equality before the law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. Right to equality is provided from Article 14 to Article 18 of Indian constitution.

Right to freedom: Which includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation, right to life and liberty, protection in respect to conviction in offenses and protection against arrest and detention in certain cases. Right to freedom is provided from Article 19 to 22 of the constitution.

Right against exploitation: Which prohibits all forms of forced labor, child labor and trafficking of human beings. It is provided under Articles 23 and 24 of Indian constitution.

Right to freedom of religion: Which includes freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes. Article 25 to 28 enumerates the right to freedom of religion.

Cultural and Educational rights: Preserve the right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice. Article 29 and Article 30 of Indian constitution provides for cultural and educational rights.

Right to constitutional remedies: Which is present for enforcement of Fundamental Rights. It is provided under Article 32 to 35 of Indian constitution.

Right to Privacy: Which is an intrinsic part of Article 21 that protects life and liberty of the citizens.

Summary of Fundamental Rights in Indian Constitution

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 offenses 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.

› In a landmark judgment passed by a nine-judge bench, the Supreme Court ruled that individual privacy is a fundamental right emerging from the guarantee of life and personal liberty under Article 21. The bench ruled that privacy included the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.

› Thus, at present, there are still SEVEN fundamental rights.

Suspension of Fundamental Rights

› The constitution of India guarantees several fundamental rights to citizens of India.These rights help the individual to lead a life of welfare and dignity. However, in certain cases, these fundamental rights can be suspended.

› Emergency provision falls in PART-XVIII of the constitution of India from art.352 to art. 360
1. National emergency (Article 352 of the constitution of India)
2. State emergency (Article 356 of the constitution of India)
3. Financial emergency (Article 360 of the constitution of India)

› During a national emergency, many Fundamental Rights of Indian citizens can be suspended.

› The six freedoms under Right to Freedom are automatically suspended.

› By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.

› In January 1977, during the emergency declared controversially by Indira Gandhi, the government decided to suspend even the Right to Life and Personal Liberty by dispensing with Habeas corpus.

› Justice Hans Raj Khanna defended the Right to Life and asked: "Life is also mentioned in Article 21 and would Government argument extend to it also?". The Attorney General observed: "Even if life was taken away illegally, courts are helpless".

› Article 21 cannot be suspended even at the time of national emergency

Frequently Asked Questions on Fundamental Rights

1. The Fundamental Rights can be suspended by the?

(1) Parliament
(2) President
(3) Supreme Court
(4) President in consultation with the Supreme Court of India

Correct Answer: President

2. Which Fundamental Right cannot be suspended even during an emergency under Article 352 of the Constitution?

(1) Right to equality
(2) Right to freedom of speech and expression
(3) Right to life
(4) Right to constitutional remedies

Correct Answer: Right to life

3. How can the Fundamental Rights be suspended?

(1) If Parliament passes a law by two-thirds majority
(2) If the Supreme Court orders it
(3) If the President orders it in the time of National Emergency
(4) They can never be suspended

Correct Answer: If the President orders it in the time of National Emergency

4. Who of the following does not constitute an exception to the provision of Article 14 ('equality before the law')?

(1) The President
(2) The Governor
(3) The Prime Minister
(4) The foreign diplomats

Correct Answer: The Prime Minister

5. Right to participate in government and equal opportunity to occupy the highest office by qualification gives the citizens?

(1) national liberty
(2) political liberty
(3) natural liberty
(4) civil liberty

Correct Answer: political liberty

6. Who is empowered to suspend the operation of Fundamental Rights?

(1) Parliament
(2) Supreme Court
(3) President
(4) Prime Minister

Correct Answer: President

7. Which one of the following writs literally means 'we command'?

(1) Habeas Corpus
(2) Mandamus
(3) Quo Warranto
(4) Certiorari

Correct Answer: Mandamus

8. What is the objective behind the Cultural and Educational Rights in the Chapter on Fundamental Rights?

(1) To eradicate illiteracy
(2) To evolve a single culture
(3) To help minorities to conserve their culture
(4) To preserve Indian culture

Correct Answer: To help minorities to conserve their culture

9. Fundamental Duties were introduced in the Constitution by the?

(1) 40th Amendment
(2) 42nd Amendment
(3) 43rd Amendment
(4) 44th Amendment

Correct Answer: 42nd Amendment

10. The writ of prohibition issued by the Supreme Court or a High Court is issued against?

(1) judicial or quasi-judicial authorities
(2) administrative and judicial authorities
(3) administrative authorities only
(4) administrative authorities and government

Correct Answer: judicial or quasi-judicial authorities

11. What is a Writ of Quo Warranto?

(1) It is a writ from a superior court commanding some officer or particular authority to do a specific act
(2) It is an order from a higher court to stop proceedings in a certain case
(3) It is an order from the superior court to any official to show his right to the office
(4) To produce the body of a person

Correct Answer: It is an order from the superior court to any official to show his right to the office

12. According to the Indian Constitution, there should be no discrimination in public places on grounds only of?

(1) religion, race, caste, sex or place of birth
(2) religion, race, caste, place of birth or residence
(3) religion, race, caste, sex or nationality
(4) religion, race, sex, descent or place of birth

Correct Answer: religion, race, caste, sex or place of birth

13. The doctrine that Fundamental Rights can not be amended under Art 368 was propounded by the SC in which of the following cases?

(1) Gopalan V. State of Madras
(2) Keshavanand V. State of Kerala
(3) Golaknath V. State of Punjab
(4) Manaka V. Union of India

Correct Answer: Keshavanand V. State of Kerala

14. Which one of the following has been wrongly listed as a freedom provided to the Indian citizens under Article 19?

(1) Freedom of speech and expression
(2) Freedom of residence and settlement
(3) Freedom of profession
(4) Freedom of press

Correct Answer: Freedom of press

15. Who headed the Committee appointed by the Constituent Assembly to finalize the Fundamental Rights of Indian Citizens?

(1) B.R. Ambedkar
(2) Jawahar Lal Nehru
(3) Sardar Patel
(4) Mahatma Gandhi

Correct Answer: Sardar Patel

16. Which one of the following rights was described by B.R. Ambedkar as 'the heart and soul of the Constitution'?

(1) Right to freedom of religion
(2) Right of property
(3) Right of equality
(4) Right of constitutional remedies

Correct Answer: Right of constitutional remedies

17. What does the phrase 'equality before the law' used in Article 14, mean?

(1) That all individuals are equal
(2) That all laws are the same for everybody
(3) That all individuals are equally subjected to the ordinary law of the land
(4) That everybody is to be treated equally by law in equal circumstances

Correct Answer: That all individuals are equally subjected to the ordinary law of the land

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