THE MAGNA CARTA OF INDIA-PART B

THE MAGNA CARTA OF INDIA-PART B

The Fundamental Rights are called Fundamental because they are essential for the overall development of an individual. There are certain rights other than the Fundamental Rights. These rights are Natural Rights, Human Rights, Civil Rights, Legal Rights and Constitutional Rights.

  • NATURAL RIGHTS- RIGHTS AVAILABLE SINCE OUR BIRTH.
  • HUMAN RIGHTS- A SECULAR VERSION OF NATURAL RIGHTS AVAILABLE TO ALL PEOPLE.
  • CIVIL RIGHTS- RIGHTS CONFERRED TO THE CITIZEN OF A COUNTRY BY-LAWS OR EITHER BY THE CONSTITUTION OF THAT COUNTRY.
  • LEGAL RIGHTS- LAWS PROVIDED TO THE CITIZEN OF A COUNTRY BY ITS LEGISLATURE.
  • CONSTITUTIONAL RIGHTS- RIGHTS PROVIDED TO A CITIZEN OF A COUNTRY BY ITS CONSTITUTION.

THE CLASSIFICATION OF FUNDAMENTAL RIGHTS.

ARTICLE FUNDAMENTAL RIGHTSTATEMENT AS CONSTITUTION SAYS.
12DEFINE STATE IT INCLUDES-
a- GOVERNMENT AND PARLIAMENT OF INDIA.
b- GOVERNMENT AND STATE LEGISLATURE/S OF INDIA.
c- AUTHORITIES (LOCAL) WITHIN TERRITORY OF INDIA.
d-ALL AUTHORITIES UNDER GOVERNMENT OF INDIA.
13JUDICIAL REVIEWTHE POWER HAS BEEN CONFERRED TO THE SUPREME COURT OF INDIA ARTICLE 32 AND HIGH COURTS ARTICLE 226. IF ANY LAW IS INCONSISTENT WITH ANY OF THE FUNDAMENTAL RIGHTS ONE CAN MOVE TO EITHER OF THE COURTS DIRECTLY.

THE WRIT JURISDICTION OF HIGH COURT IS WIDER THAN THAT OF THE SUPREME COURT. UNDER ARTICLE 226 WE MOVE TO THE HIGH COURT FOR THE ENFORCEMENT OF THE FUNDAMENTAL RIGHTS AND LEGAL RIGHTS. BUT UNDER ARTICLE 32 WE APPEAL THE SUPREME COURT OF ENFORCEMENT OF THE FUNDAMENTAL RIGHTS ONLY.
14EQUALITY BEFORE THE LAW (NEGATIVE CONCEPT) AND EQUAL PROTECTION OF THE LAWS (POSITIVE CONCEPT).THE STATE SHALL NOT DENY TO ANY PERSON EQUALITY BEFORE THE LAW BEFORE THE LAW OR THE PROTECTION OF THE LAWS WITHIN THE TERRITORY OF INDIA.
15PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH.THE STATE SHALL NOT DISCRIMINATE AGAINST ANY CITIZEN ON GROUNDS OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH.
16EQUALITY 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.
17ABOLITION OF UNTOUCHABILITY.UNTOUCHABILITY IS ABOLISHED AND PRACTICE IN ANY FORM IS FORBIDDEN. THE ENFORCEMENT OF ANY DISABILITY ARISING OUT OF UNTOUCHABILITY SHALL BE A PUNISHABLE OFFENCE.
18ABOLITION OF TITLES.ABOLITION OF TITLES EXCEPT FOR MILITARY, AND ACADEMIC. BHARAT RATNA AND PADMA AWARDS EXEMPTED.
19THE SIX FREEDOMS. INITIALLY, 7 RIGHT TO PROPERTY WAS ANNULLED AFTER 44th AMENDMENT ACT 1978.ART.19(1) ALL THE CITIZENS SHALL HAVE THE RIGHT
a- TO FREEDOM OF SPEECH AND EXPRESSION.
b- TO ASSEMBLE PEACEFULLY AND WITHOUT ARMS.
c-TO FORM ASSOCIATIONS AND UNIONS.
d-TO MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA.
e- TO RESIDE AND SETTLE IN ANY PART OF THE TERRITORY OF INDIA.
f- RIGHT TO PROPERTY ANNULLED.
g- TO PRACTICE ANY PROFESSION, OR TO CARRY ON ANY OCCUPATION, TRADE OR BUSINESS.
20PROTECTION IN RESPECT OF CONVICTION FOR CERTAIN OFFENCES.a- EX-POST FACTO
b-DOUBLE JEOPARDY
c- SELF INCRIMINATION
21PROTECTION OF LIFE AND PERSONAL LIBERTY.NO PERSON SHALL BE DEPRIVED OF HIS LIFE OR PERSONAL LIBERTY EXCEPT ACCORDING TO THE PROCEDURE ESTABLISHED BY LAW.
21-ARIGHT TO EDUCATION. ADDED AFTER 86th AMENDMENT ACT OF 2002.STATE SHALL PROVIDE FREE AND COMPULSORY EDUCATION TO ALL CHILDREN OF AGE 6-14 YEARS.
22PROTECTION AGAINST ARBITRARY ARREST AND DETENTION.THE DETENTION ARE OF TWO TYPES-
a-PUNITIVE DETENTION.
b-PREVENTIVE DETENTION.
23RIGHT AGAINST EXPLOITATION.TRAFFIC IN HUMAN BEINGS AND BEGAR AND OTHER SIMILAR FORMS OF FORCED LABOUR ARE PROHIBITED AND ANY CONTRAVENTION OF THIS PROVISION SHALL BE AN OFFENCE PUNISHABLE IN ACCORDANCE WITH LAW.
24PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC.NO CHILD BELOW THE AGE OF FOURTEEN YEARS SHALL BE EMPLOYED TO WORK IN ANY FACTORY OR MINE OR ENGAGED IN ANY OTHER HAZARDOUS EMPLOYMENT.
25RIGHT TO FREEDOM OF RELIGION.EVERY PERSON IS GUARANTEED THE FREEDOM OF CONSCIENCE AND TO PROFESS, TO PROPAGATE AND TO PRACTICE ANY RELIGION
26FREEDOM TO MANAGE RELIGIOUS AFFAIRS.a- TO ESTABLISH AND MAINTAIN INSTITUTIONS FOR RELIGIOUS AND CHARITABLE PURPOSES.
b-TO MANAGE ITS OWMN AFFAIRS IN MATTER OF RELIGION.
c- TO OWN AND ACQUIRE MOVABLE AND IMMOVABLE PROPERTY.
d-TO ADMINISTER SUCH PROPERTY IN ACCORDANCE WITH LAW.
27FREEDOM FROM TAXATION FOR PROMOTION OF A RELIGION.THE STATE SHALL NOT COMPEL ANY CITIZEN TO PAY ANY TAXES FOR THE PROMOTION OR MAINTENANCE OF ANY PARTICULAR RELIGION OR RELIGIOUS INSTITUTION.
28FREEDOM FROM ATTENDING RELIGIOUS INSTRUCTION.NO PERSON ATTENTENDING ANY EDUCATIONAL INSTITUTION RECOGNISED BY THE STATE OR RECEIVING AID OUT OF STATE FUNDS SHALL BE REQUIRED TO ATTEND ANY RELIGIOUS INSTRUCTION OR WORSHIP IN THAT INSTITUTION WITHOUT HIS CONSENT.
29PROTECTION OF INTERESTS OF MINORITIES.EVERY CITIZEN OF INDIA RESIDING IN ANY PART OF INDIA HAS A RIGHT TO CONSERVE ITS DISTINCT SCRIPT, LANGUAGE AND CULTURE.
30RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTION.THE MINORITIES CAN ESTABLISH AND ADMINISTER THE EDUCATIONAL INSTITUTION TO CONSERVE THEIR DISTINCT LANGUAGE, SCRIPT AND CULTURE.
31RIGHT TO PROPERTYANNULLED AFTER 44th AMENDMENT ACT OF 1978. PLACED UNDER ARTICLE 330 A AS A LEGAL RIGHT.
32RIGHT TO CONSTITUTIONAL REMEDIES.
Dr AMBEDKAR CALLED THIS ARTICLE -THE VERY SOUL OF THE CONSTITUTION AND THE VERY HEART OF IT.
ARTICLE 32 INCLUDES WRITS (PREROGATIVE WRITS) OR JUDICIAL PROCESSES.
THESE WRITS ONE CAN DIRECTLY APPROACH THE SUPREME COURT OR HIGH COURTS ON THE INFRINGEMENT OF ANY OF THE FUNDAMENTAL RIGHTS.
WRITS ARE FIVE IN NUMBER-
a- HABEAS CORPUS-TO HAVE THE BODY OF.
b- MANDAMUS-WE COMMAND.
c-PROHIBITION-TO FORBID.
d-CERTIORARI-TO BE CERTIFIED.
e-QUO WARRANTO-BY WHAT AUTHORITY.
BY THESE WRITS ONE CAN DIRECTLY APPROACH TO THE SUPREME COURT AND HIGH COURTS IN INDIA.

Madhvendra Mishra

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