List of Fundamental Rights_00.1
UPSC Exam   »   How to Prepare for UPSC CSE Mains Examination: Step-by-Step Guide for Beginners   »   List of Fundamental Rights

List of Fundamental Rights

Below is a comprehensive list of fundamental rights given Part III of our constitution. The list is very important for both the prelims and mains examination of UPSC Civil Services.

 

Article 14 ·        Equality before Law: The Constitution guarantees that all citizens will be equal before law.

·        It means that everyone will be equally protected by the laws of the country.

Article 15 ·        No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth: The State cannot discriminate against a citizen on the basis of religion, race, caste, sex or place of birth.

·        However, the State can make special provisions or concessions for women and children.

Article 16 ·        Equality of Opportunity to all Citizens in matter of Public Employment: The State cannot discriminate against anyone in the matter of public employment.

·        However, State can provide special provisions for the vulnerable groups.

Article 17 ·        Abolition of Untouchability: Practising untouchability in any form has been made a punishable offence under the law.
Article 18 ·        Abolition of Titles: All the British titles like Sir (Knighthood) or Rai Bahadur which were given to the British loyalists during the British rule, have been abolished because they created distinctions of artificial nature.
Article 19 ·        It provides the following six freedoms:

·        Freedom of speech and expression

·        Freedom to assemble peacefully and without arms

·        Freedom to form Associations and Unions

·        Freedom to move freely throughout the territory of India

·        Freedom to reside and settle in any part of India

·        Freedom to practise any profession or to carry on any occupation, trade or business.

Article 20 ·        Protection in respect of conviction for offences: Article 20 of the Constitution provides for the protection in respect of conviction for offences.

·        No one can be convicted for an act that was not an offence at the time of its commission,

·        No one can be given punishment greater than what was provided in the law prevalent at the time of its commission.

·        Also, no one can be prosecuted and punished for the same offence more than once and can be forced to give witness against his or her own self.

Article 21 ·        Protection of life and personal liberty: No one can be deprived of his or her life or personal liberty except according to the procedure established by law.
Article 22 ·        Protection against arrest and detention in certain cases: Whenever a person is arrested, he or she should be informed, as soon as it is possible, of the grounds for arrest and should be allowed to consult and to be defended by a legal practitioner of his or her choice.

·        Moreover, the arrested person must be produced before the nearest magistrate within 24 hours of such an arrest excepting a person who has been arrested under preventive detention law.

Article 23 ·        Prohibition of traffic in human beings and forced labour: Traffic in human beings and begar and other similar forms of forced labour are prohibited and any breach of this provision shall be an offence punishable in accordance with law.
Article 24 ·        Prohibition of employment of children in factories, etc.: As the Constitution provides, 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
Article 25 ·        Freedom of conscience and free profession, practice and propagation of religion: All persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion freely

 

Article 26 ·        Freedom to manage religious affairs: Subject to public order, morality and health, every religious group or any section thereof shall have the right

·        to establish and maintain institutions for religious and charitable purposes;

·        (b) to manage its own affairs in matters of religion;

·        (c) to own and acquire movable and immovable property; and

·        (d) to administer such property in accordance with law.

 

Article 27 ·        Freedom as to the payment of taxes for promotion of any particular religion: No person shall be compelled to pay any tax, the proceeds of which are specifically used in payment of expenses the incurred on the promotion or maintenance of any particular religion or religious sect.

 

Article 28 ·        Freedom as to attendance at religious instruction or religious worship in certain educational institutions: No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Article 29 ·        Protection of interests of minorities: Any minority group having a distinct language, script or culture of its own shall have the right to conserve the same.
Article 30 ·        Right of minorities to establish and administer educational institutions: All Minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
Article 31 ·        Article 31A: It saves the following five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19.

·        Acquisition of estates and related rights by the State;

·        Taking over the management of properties by the State;

·        Amalgamation of corporations;

·        Extinguishment or modification of rights of directors or shareholders of corporations

·        Extinguishment or modification of mining leases.

 

·        Article 31B: It protects the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights.

 

·        Article 31C: It says that

 

·        No law that seeks to implement socialistic directive principles specified in Articles 39 (b) and (c), shall be declared void on the grounds of contravention of the fundamental rights conferred by Article 14 or Article 19.

·        Moreover, no law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

 

·        Articles 31A, 31B and 31C have been retained as exceptions to the fundamental rights.

Article 32 ·        Right to Constitutional Remedies: When any of our rights are violated, we can seek justice through courts. We can directly approach the Supreme Court that can issue directions, orders or writs for the enforcement of Fundamental Rights.

 

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