Fundamental Rights in India

Topics: Human rights, Universal Declaration of Human Rights, Rights Pages: 11 (4052 words) Published: June 18, 2013
Fundamental Rights in India
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The Constitution of India (Hindi: भारतीय संविधान, see names in other Indian languages) is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties, government and spells out the fundamental rights, directive principles and duties of citizens. It is the longest[1] written constitution of any sovereign country in the world, containing more than 395 articles in 22 parts, 12 schedules and 110 amendments,[

Part III - Fundamental Rights is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association 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. Violations of these rights result in punishments as prescribed in the Indian Penal Code, 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, creed, color or Gender. 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. The six fundamental rights recognised by the constitution are:[1] 1) Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment 2) Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality) 3) Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings; 4) Right to freedom of conscience and free profession, practice, and propagation of religion; 5) 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; and 6) Right to constitutional remedies for enforcement of Fundamental Rights.

Article 12 to 35 of the Indian Constitution covers the Fundamental Rights of the citizen of the country Rights mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the "fundamental Law of the land" and are enforceable in a court of law. However, this does not mean that they are absolute or that they are immune from Constitutional amendment.[2] Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions. Contents[hide] * 1 Genesis * 2 Significance and characteristics * 3 Right to equality * 4 Right to freedom * 5 Right against exploitation...

References: The fundamental rights were included in the First Draft Constitution (February 1948), the Second Draft Constitution (17 October 1948) and final Third Draft Constitution (26 November 1949) prepared by the Drafting Committee.
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