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Monday, July 20, 2015

Fundamental Rights for an Indian Citizen

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 Fundamental right
·        The fundamental rights as incorporated in the Indian Constitution can be classified under the following six groups:-
(a)    Right to equality (Articles 14-18).
(b)   Right to freedom (Articles 19-22).
(c)    Right against exploitation (Articles 23-24).
(d)   Right to freedom of religion (Articles 25-28).
(e)    Cultural and educational rights (Articles 29-30).
(f)     Right to constitutional remedies (Articles 32-35).
       The 44th Amendment has abolished the right to property as a fundamental right as guaranteed by
      Article 19(1)(f) and Article 31 of the Constitution, and hence Article 19(1)(f) and Article 31 has been   omitted.
RIGHT TO EQUALITY
  Article 14. Equality before law—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Equality before the law implies that no one is above the law of the land.
   However, the Constitution allows the following exceptions to the rule of equality before the law:
 The President or the Governor of a State is not answerable to any Court for the exercise and performance of the powers and duties of office; These apart, other exceptions, such as in favor of foreign rulers and ambassadors, also exist in accordance with international standards.
·      Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth- Nothing in this article shall prevent the State from making any special provision for women and children and also for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
·         Article 16: Equality of opportunity in matters of public employment- There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
  •   It does not prevent the State from prescribing the necessary qualifications and selective tests for recruitment for Government services.
  • It also empowers the State to make special provision for the reservation of appointments or posts in favor of any backward class of citizens which in the opinion of State are not adequately represented in the services under the State 
  •  It also provides for the reservation of seats in promotion for the Scheduled Castes and Scheduled Tribes.
    Article 17: Abolition of untouchability — Untouchability is abolished and its practice in any form is forbidden and shall be punishable according to the law.
    ·         Parliament has passed an act “Untouchability (Offences) Act, 1955” which was amended and renamed in 1976 as “Protection of Civil Right Act, 1955”.
    ·         Article 18: Abolition of titles—No title, not being a military or academic distinction, shall be conferred by the State.
    •    Bharat Ratna, Padma Vibhushan, Padma Bhushan, Padma Shri and other State awards are not regarded as titles in terms of Article 18(1) of the Constitution.
    •   Clause (2) prohibits a citizen of India from accepting any title from a foreign State.

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