Friday 30 August 2013

Fundamental Rights

v  Right to equality (Articles 14 - 18)
·         Equality in law or the equal protection of the law. No man is above the law.
·         No discrimination of people on the grounds of race, caste, sex, religion or place of birth.
·         Equality of opportunity to everyone.
·         Abolition of untouchability.
·         Abolition at titles. A military or academic distinction is exception in this ban.

v  Right to Freedom (Act 19 - 22)
·         Freedom of speech and expressions.
·         Freedom to assemble peaceably and without arms.
·         Freedom to make association or union.
·         Freedom to move throughout India.
·         Freedom to reside and settle in any part of India.
·         Freedom to practice any profession or occupation, trade or business.
·         A man can be convicted only if he has violated a law which is in force at particular time.
·         A person cannot be given greater penalty than prescribed in law.
·         Law or the authority cannot prosecute or punish more than once for the same offence.
·         Man cannot be compelled to be a witness against himself.
·         No one shall be deprived of his life or liberty except according to the procedure established by law.
·         Article 22) provides for protection against arrest and detention in certain cases. And the arrested person should be produced before the nearest magistrate within 24 hours.

v  Right against Exploitation:-
·         Forced labor is prohibited.
·         Child before fourteen years shall not be employed to work in any factories or mines or any other hazardous employment.

v  Right of Freedom of Religion:-
·         Article 25 gives freedom of conscience and the right to profess, practice and propagate any religion subject only to the condition that religious freedom cannot be exercised in a manner prejudicial to public order, health and morality.
·         According to Article 26 every region and religious denomination is free to establish and manage institutions for religious and charitable purpose. They can acquire and manage property for running such institutions.

v  Cultural and Educational Right (Article 29 - 30)
·         Article 29 protects rights of minorities.
·         Article 30 gives minorities a right to establish and administer educational institutions.

v  Right to Constitutional Remedies (Article 32)
·         Article 32 mentions five types of writs :-

  1. Habeas Corpus: This means 'To have a body'. An arrested person can request the court for this issue.
  2. Mandamus: This is a Latin word which means 'We command'. It is an order from higher court to a lower court to perform an act, which falls in within its duty. There is an exception of President and Governor in it.
  3. Prohibition: It is issued by the Supreme Court or High Court a lower court when the latter exceed their judicial power.
  4. Certiorari: This word means 'To be certified'. It is issued to quash the order or decisions of the tribunal.
  5. Qua-Warranto: It is used to prevent illegal assumption of any public office by anybody.

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