Fundamental Rights

Topics: Human rights, Universal Declaration of Human Rights, Law Pages: 7 (1711 words) Published: August 17, 2013
Fundamental Rights are an important part in the Constitution of India. It guarantees civil liberties for Indians to lead their lives in peace and harmony. These includes,  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, quo-warranto, mandamus, certiorari, and prohibition. Violation of these rights is directly challengeable under the ambit of the Indian constitution by art. 32 and art. 226 . 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, creed, colour 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. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man

Instructions for teacher
1. The teacher should explain the meaning of fundamental rights to the students. 2. The teacher explain the difference between the fundamental rights and the other rights 3. The teacher should chart to explain the position of fundamental rights in the constitution of India.

Questions for the teacher
1. What are fundamental rights?
2. Why the right to property has been deleted from the chapter of fundamental rights? 3. What is the importance of constitutional remedies?
General instruction
The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. The writers of the constitution regarded democracy of no avail if civil liberties, like freedom of speech and religion were not recognized and protected by the State. According to them, "democracy" is, in essence, a government by opinion and therefore, the means of formulating public opinion should be secured to the people of a democratic nation. For this purpose, the constitution guaranteed to all the citizens of India the freedom of speech and expression and various other freedoms in the form of the fundamental rights. Objectives

1. To make the students know the concept of fundamental rights 2. To enable the students to differentiate between fundamental rights and legal rights 3. To make the students realize the conditions required for the overall development of one’s personality. Methodology

The different methods used for making the students understand the concept of fundamental rights are as follows. 1. The lecturer methods
2. Discussion
3. Formation of charts
4. Evaluation
Entry Behaviour
Fundamental rights as a basic rights protect individuals from any arbitrary actions from state, society and individual. For instance, the Constitution abolishes untouchability and also prohibits begar. These provisions act as a check both on state action as well as the action of individuals. However, these rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare. They can also be selectively curtailed. The Supreme Court has ruled that all provisions of the Constitution, including fundamental rights can be amended. However, the Parliament cannot alter the basic structure of the constitution. Features such as secularism and democracy fall under this category. Since the fundamental rights can only be altered by a constitutional amendment, their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures. Fundamental Rights in Indian constitution

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