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Thursday, December 28, 2017

Fundamental Rights

The Fundamental Rights in Indian constitution acts as a guarantee that all Indian citizens can and will live their lifes in peace as long as they live in Indian democracy. They include individual rigts common to most liberal democracies, such as equality before the law, freddom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil right.


Originally, the right to property was also included in the Fundamental Rights, however, the Forty-Fourth Amendment, passed in 1978, revised the status of property rights by stating that "No person shall be deprived of his property save by authority of law."


Following are the Fundamental Rights in accordance with the Constitution of India

 Right to Equality    


  • Article 14 :- Equality before law and equal protection of law
  • Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
  • Article 16 :- Equality of opportunity in matters of public employment
  • Article 17 :- End of untouchability
  • Article 18 :- Abolition of titles, Military and academic distinctions are, however,exempted.

Right to Freedom    


Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-
  • Freedom of Speech and Expression
  • Freedom of Assembly
  • Freedom of form Associations
  • Freedom of Movement
  • Freedom of Residence and Settlement
  • Freedom of Profession, Occupation, Trade and Business
Article 20 :- Protection in respect of conviction for offences
Article 21 :- Protection of life and personal liberty
Article 22 :- Protection against arrest and detention in certain cases

Right Against Exploitation    


Article 23 :- Trafficking in human beings prohibited
Article 24 :- No child below the age of 14 can be employed

Right to freedom of Religion    


Article 25 :- Freedom of conscience and free profession, practice and propagation of religion
Article 26 :- Freedom to manage religious affairs
Article 27 :- Prohibits taxes on religious grounds
Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions

Cultural and Educational Rights    


Article 29 :- Protection of interests of minorities
Article 30 :- Right of minorities to establish and administer educational institutions
Article 31 :- Omitted by the 44th Amendment Act

Right to Constitutional Remedies    


Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar)
Forms of Writ check
Habeas Corpus :- Equality before law and equal protection of law

Right to Information


The Right to Information Act 2005 (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens." The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Jammu and Kashmir has its own act called Jammu & Kashmir Right to Information Act, 2009. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to pro-actively publish certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. Information disclosure in India was hitherto restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act now relaxes.

The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force. It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in it.

Exclusions from RTI

Central Intelligence and Security agencies specified in the Second Schedule like IB, Directorate General of Income Tax Investigation, RAW, Central Bureau of Investigation (CBI), Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission.