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Fundamental Rights are the rights that are mentioned in Part III of the Indian Constitution. Article 12-35. They are inspired from the Bill of Rights (USA).
Features
Magna Carta of India |
Justiciable |
Not absolute |
Directs the state about it's responsibilities |
Available to citizens only - 15, 16, 19, 29, 30 |
Protects vertically against the state |
Most of them are self-executory |
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Article 13
Article 13 - deals with the amenability of FRs |
Expressively provides doctrine of Judicial Review |
All the laws that are inconsistent with or in derogation of any FR shall be void. |
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Right to Equality (Art 14-18)
Art 14 |
Art 15 |
Art 16 |
Art 17 |
Art 18 |
Equality Before Law |
Prohibition of discrimination |
Equality of opportunities of public employment |
Abolishes practice of untouchability |
Abolition of titles |
Equal Protection of law |
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Article 12
Definition of State for interpreting the Fundamental Rights. |
Note: It is not applicable to any other part of the Constitution, only applicable for part III. |
Right to Freedom (Art 19 - 22)
Art 19 |
Art 20 |
Art 21 |
Art 22 |
FOSE, assembly, association, movement, residence & occupation |
Protection in respect to conviction of offenses |
Right to Life |
Protection from arrest + detention |
Cultural and Educational Rights (Art 29 - 30)
Art 29 |
Art 30 |
Protection of interests of minorities |
Right of minorities to establish and administer educational institutions |
Linguistic and religious |
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Right against Exploitation (Art 23 - 24)
Art 23 |
Art 24 |
Prohibition of traffic in human beings and forced labor |
Prohibition of employments of children in factories, etc |
Art 33
Power of Parliament to modify the rights conferred by this part in their application to forces, etc. |
Art 34
Restriction on rights conferred in this part while martial law is in force in any area |
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Art 35
Legislation to give effect to the provisions of this part |
Constitutional Remedies (Art 32)
5 writs issued by SC |
Article 226 - writs issued by HC |
Right to Property (Art 31)
Removed by the 44th Amendment, 1978 |
Added in the section 300A of legal rights |
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Right to Freedom of Religion (Art 25-28)
Art 25 |
Art 26 |
Art 27 |
Art 28 |
Freedom of conscience and free PPP of religion |
Freedom to manage religious affairs |
Freedom from payment of taxes for promotion of any religion |
Freedom from attending any religious instruction |
PPP - Profession, Practice & Propagation |
Note: group rights |
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or worship in educational institutions |
Note: Individual rights |
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