Basic Difference Between Fundamental Rights And Fundamental Duties :-
|Fundamental Rights||Fundamental Duties|
|Constitution says that you have to do this.||Constitution says that you should do this.|
|This is a judicial subject.||This is not a judicial subject.|
Importance Of Fundamental Rights :-
According to the constitution of India, Part-3 there are fundamental rights which are described in article 12 to article 35.
[Remember:- Because of fundamental rights part-3 is known as “Magna Carta” of India.]
[Magna Carta:- The summary of British constitution is called Magna Carta.]
Indian constitution describes fundamental rights in a wider form then any other country.
[Remember:- Indian constitution is the largest constitution of the world.]
Fundamental rights is a type of guarantee for all the citizens of the country that everyone is equal in terms of their respect and dignity.
Fundamental rights also shows the progress of democracy.
[Remember:- Democracy- such type of system where people rules.]
- Fundamental rights protects the citizens from hard rule of the state.
Basically, there are seven fundamental rights in the constitution. But as of now, there are only six fundamental rights in the constitution. And their are as follow :-
1. Right To Equality (Article 14-18)
=> It states that all citizens are equal.
a. Article 14:- Equality before law. It means that on every law equality will be applied.
b. Article 15:- Prohibition of discrimination on religion, race, gender, caste and birth place.
c. Article 16:- Equality of opportunity for public employment. This means that every citizen is invited.
d. Article 17:- Abolition of untouchability.
e. Article 18:- Abolition of titles. Example titles like Sultan, Maharaja have been abolished. Only two types of titles will be allowed and they are:-
- Academic titles (such as:- Dr, Er)
- Defence titles (such as:- Capt, Maj, Lt, Colonel).
2. Right To Freedom (Article 19-22) :-
=> It states that what type of freedom you have.
a. Article 19:- This article gives the guarantee of six rights to every citizen of India but in non violence way. And these rights are as follows:-
- Right to speech.
- Right to organise a meeting in non-violence way.
- Right to make the union (association).
- Freedom of movement:- according to this, we have right to go anywhere and everywhere in India but restricted to army places (cantonment zones) or any restricted place.
- Freedom of residence and settlements:- we have a freedom to go and buy any house anywhere in India but restricted to buy house in Jammu & Kashmir ( you can buy property only when you have citizenship and for getting a citizenship you have to live at least 15 years in Jammu & Kashmir).
- Freedom of profession, occupation, trade or business.
b. Article 20 :- Protection in respect of conviction for offences. It helps in safeguard the judgment (in respect of offences) of supreme court given to any culprit. It can never be violated in any case.
c. Article 21 :- Protection of life & personal liberty.
Declaration of article 21 :-
- Right to privacy.
- Right to live.
- Right to health.
- Right to free education till become 14 years old.
- Right for free help of law.
- Right against separate jail.
- Right against handcuffs (until & unless accused is proved, he cannot be handcuffed).
- Right against violence nature.
- Right against the late hanging.
- Right to travel foreign.
- Right against to become a bonded labor.
- Right against hanging publicly.
- Right to sleep.
- Right against noise pollution.
- Right for electricity.
- Right to behave with respect to women.
d. Article 22:- Protection against arrest and detention in certain cases.
[Remember:- Your fundamental rights have power until and unless it won’t violets. As one’s fundamental rights violets by you then your fundamental rights become null & void]
3. Right Against Exploitation (Article 23-24) :-
=> It states that no one can exploit you, if someone tries to exploit you then the constitution provides you appropriate rights to safeguard yourself.
a. Article 23:-
- Prohibition of traffic in human beings and forced labor.
- Prohibition of unethical business of children and women.
- Slavery system.
- Prohibition of unbond labor.
b. Article 24 :-
- Prohibition of employment of children in factories.
- No labor below the age of 14 years old.
- In 1996, supreme court ordered that there shall be an establishment of children welfare account.
4. Right To Freedom Of Religion (Article 25-28) :-
=> It states that, in India you have all the rights to follow any religion and no one can stop you.
a. Article 25:- Freedom of conscience and free practice and propagation of religion (you can adopt any religion).
b. Article 26:- Freedom to manage religious affairs.
c. Article 27:- Freedom of taxes for payment to promote religious culture (And when you denote any amount of money on religious work then the amount will be tax free).
d. Article 28:- It states that in educational institutes you can conduct religious worships. But only those :-
- Institutes which is completely undertaken by government- Completely prohibited. Example- IMA (Indian Military Academy), INA (Indian Naval Academy), IAF (Indian Airforce Academy), KV (Kendra Vidalaya, NPA (National Police Academy) etc,.
- Institutes which is undertaken by government but established for special aspects- Religious education granted. Example- Primary Schools (Students up to 14 years get free education).
- Institutes which is approved by government free to attend religious education. Example- Private institutes.
- Institutes which is financially healed by government- Free to attend religious education. Example- Madars.
5. Right For Culture And Education (Article 29-30)
=> It states that you have all the rights related to culture and education.
a. Article 29:- Protection of interests of minorities.
b. Article 30:- Right for minorities to establish and administer educational institutes.
6. Right To Property (Article 31) (Removed) :-
=> It states that the rights you have related to your property matters.
a. Article 31 removed from fundamental rights list and was made a legal right in the year 1978 (Amendment 44th ).
(In Keshwanand Bharti case, Supreme Court of India had declared that parliament can amend fundamental right but the basic theme of fundamental rights should not be destroyed.)
[Remember:- Around 2000 amendments were done, when our constitution was made.)
7. Right To Constitutional Remedies (Article 32) :-
=> It states about constitutional remedies. According to this article Indian constitution gives a right for constitutional remedies against the violation or transgression of any fundamental rights. This article 32 is also called as “Soul of constitution” by Dr. B.R. Ambedkar ( This article protects the interest of all other articles).
8. Article 33 :-
=> Power of parliament to modify the rights conferred by this part in their application to forces etc,. (At the need of an hour especially during situation when someone is accused of terrorism activity then this fundamental right is made zero for them in that case). This article is generally exercised by armed forces, secret service agencies like I.B, RAW, NIA, etc,.
9. Article 34 :-
=> Restriction on rights conferred by this part while martial law is in force in any army.
[Martial law- Emergency]
=> Even during emergency, two rights cannot be stnached by citizens and those two rights are as follows:-
- Article 20
- Article 21
10. Article 35 :-
=> It has been removed. Earlier this right states about the special right in Jammu & Kashmir.
11. Article 12 :-
=> All organisations and units will be considered under union. It means that all states are under union. And all the states of India are like family members and they have to be unite.
12. Article 13 :-
- Fundamental rights cannot be amended in fewer terms (which means fundamental rights cannot be decreased in any manner).
- The power which will deduct fundamental rights will be null & void (which means it will be considered zero).
- In any situation, fundamental rights cannot be decreased except in the case of emergency anything can be done.
- Fundamental rights can be increased but never decreased.
=> Supreme court (Article 32) and high court (Article 226) has the authority to declare any particular law non constitutional which will try to hurt fundamental
Special Edition Of Writ
- It is a kind of final order given by the Court / Judiciary.
=> There are 5 types of writs and are as follows:-
1. Habeas Corpus (बन्दी प्रत्यक्षीकरण) :-
(To bring the body)
A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person’s imprisonment or detention is lawful.
A habeas petition proceeds as a civil action against the state agent (Usually a warden) who hold the defendant in custody.
In this, suppose if someone is accused of some crime and police arrest that person but do not present him in court. So in this case, the family members of the accused can appeal for habeas corpus in court so that the court orders the police to present that accused in 24 hours.
2. Mandamus (परमादेश) :-
- Mandamus means ‘To give the mandate’.
- This mandamus is given when any government official does not perform his duty or any government office does not perform his duty.
Example. If police are not taking your complaint. Then court will give mandamus to the police. And police have to take complaints.
- A writ of mandamus is a court order compelling someone to execute a duty that is legally obligated to complete.
- It is used to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion.
- Mandamus can not be put against the President of the country and Governor of the state.
3. Prohibition (प्रतिषेद ) :-
- When any lower court works beyond their jurisdiction then in such case prohibition is ordered by its upper Judiciary.
- It can be issued only against judicial and Quasi-Judicial authorities and not against administrative authorities, legislative bodies.
4. Certiorari :-
- It means ‘to produce the certificate’.
- When any lower court gives any judgement then upper court has the power to ask for the certificate or document (to provide certificate / document) that on what grounds lower court gives such decision.
- It can also be issue for transfer of case.
5. Quo-warranto (अधिकार पृच्छा) :-
- Any person who is serving on any government position but ideally he is not eligible for that post on which he is serving. Then in such case judiciary (only high court or supreme court) can issue quo-warranto against that person.
- Once quo-warranto will be issued against any person then in such case that person has to reply the judiciary that on what grounds he/she is holding that position.
Example. A person of 62 years has been appointed to fill the office whereas the retirement age is 60 years. Now, the honorable court has right to issue a writ of quo-warrant against that person and can also declare the office vacant is not satisfied with the person’s reply.
- Article 32 gives power to the supreme court to issue writ.
- Article 226 gives power to the high court to issue writ.
=> Supreme court can issue writ under the following cases:-
- Cases related to fundamental rights only
=> High court can issue writ under the following cases:-
- Cases related to fundamental rights.
- Legal cases/rights.