Lesson - 6 Fundamental Rights: Summary

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Lesson – 6

Fundamental Rights

Summary –
India respects the rights of the people which are listed in our Constitution
under the heading “Fundamental Rights”. Fundamental Rights are the salient
features of the Constitution.

Meaning and Importance of Features of Fundamental


Fundamentall Rights – Rights –
Meaning - The rights which Fundamental rights are
are enshrined in the justiciable.
Constitution are called The Supreme or High Court can
Fundamental Rights. repeal a law that violates
Importance - These rights fundamental rights.
rights
ensure the fullest physical, The Right to Equality before Law
mental, and moral and Right to Freedom of Religion
development and basic are for both, citizens as well as
freedoms of every citizen.
citizen foreigners.
o Generate the feeling of security The Fundamental Rights though
in citizens. justiciable are not absolute
absolute.
o They establish the framework The Constitution empowers the
of democratic legitimacy for government to impose
the rule of the majority
majority. restrictions on our rights in the
o Provides standards of Equality, interest of public good
good.
conduct, citizenship, justice.
justice Seven Fundamental Rights were
o Fundamental Rights are enshrined in the Constitution of
enumerated in Part III from India.
Article 14 to 32. The Right to Property was
removed from the list of
Right to
Right to Freedom fundamental rights by 44th
Equality
Amendment Act.
Now we have (06) Six
Right to Fundamental Rights.
Right against
Religious
Exploitation
Freedom

Cultural and Right to


Educational Constitutional
Right Remedies

1
Political Science (317)
Learner’s Guide, Senior Secondary Course
Right to Equality – Protection in Respect of
Conviction for An Offence
Offence.
The State shall not deny to any Protection of Life and Personal
person equality before law or Liberty.
equal protection of laws within Prevention against Arbitrary
the territory of India. Arrest and Detention
Detention.

Equal Protection of
Right to Education –
Equality before law laws - two persons
- no person is above commit the same The State shall provide free and
law, and all are equal crime; both will get
before law the same compulsory education to all
punishment children of the age of six to
fourteen in such a manner as
No Discrimination on
Grounds of Religion, Equality of the State may by law determine.
Race, Caste, Sex, Opportunity in
Place of Birth, or any matters of Public
of them Employment Right against Exploitation
Exploitation-
Abolition of
Abolition of
Prohibits all forms of forced
Untouchability
Constitution Titles labour as well as human
abolishes artificial trafficking,
untouchability and its distinctions in
practice in any form is social status have o State requires citizens
forbidden been abolished
services in times of major
calamities.
Right to Freedom – o the employment of
children below the age of
India has set of six freedoms as the
fourteen years is banned.
Right to Freedom:

i. Freedom of speech and Right to Freedom of Religion –


expression. Allows all citizens to follow, preach
ii. Freedom to assemble and practice any religion.
peacefully without arms.
arms
iii. Freedom to form associations o The state has no religion of
or unions. its own.
iv. Freedom to move freely o No child can be compelled to
throughout the territory of receive religious instructions
India. against wishes.
v. Freedom to reside and settle in Cultural and Educational
any part of the territory of
Rights –
India.
vi. Freedom to practise any Provides
rovides guarantees to preserve
profession or to carry on any maintain and promote every
occupation, trade, or business. culture and language.
language

2
Political Science (317)
Learner’s Guide, Senior Secondary Course
Allows minorities to establish Evaluate yourself -
and maintains educational
institutions of their own. 1. Discuss the importance of the
Provides security that the state fundamental rights provided by
shall not discriminate on any the constitution in your own
ground against any educational words.
institution while granting
financial aid. 2. Right against exploitation will
help in establishing a welfare
Right To Constitutional state and polity in India, if yes,
Remedies – Part III of our write the examples in support to
Constitution provides for legal the statement.
remedies for the protection of
fundamental rights, citizens of India
3. Write a short note on the writs
can move to Supreme or High Courts
mentioned in the right to
for the enforcement of these rights &
the courts can issue or order writs : - constitutional remedies.

HABEAS CORPUS: (Latin term)


It is an order by the court to
the state to produce the person
physically.
MANDAMUS: (Latin term)
Command or order from
superior court to a subordinate
to perform its duty.
PROHIBITION: Order by
superior court to forbid a
subordinate court from
proceeding which is beyond its
jurisdiction.
QUO WARRANTO: This writ is
issued to restrain a person
from acting in a public office to
which s/he is not entitled.
CERTIORARI: “to be informed
of what is going”. It is an order
to a lower court from a
superior court to transfer the
matter to it or to any other
court for deciding the matter.

3
Political Science (317)
Learner’s Guide, Senior Secondary Course

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