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THE FUNDAMENTAL RIGHTS

ÞõåÞá ÃþðÕ ßÉ^ Àßõ Èõ ´-±äõßÞõç. THE FUNDAMENTAL RIGHTS. THE MEANING OF BEING FREE INDIAN.

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THE FUNDAMENTAL RIGHTS

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  1. ÞõåÞá ÃþðÕ ßÉ^ Àßõ Èõ ´-±äõßÞõç THE FUNDAMENTAL RIGHTS THE MEANING OF BEING FREE INDIAN

  2. On Tuesday, the 17th Nov. 09 Naresh Kapadia of National Group, Surat had a chance to address T Y B Com students of Vanita Vishram Women’s College of Commerce, Surat on the topic… Here is the presentation..

  3. Constitution of India • The Constitution of India is the supreme law of India. It lays down the framework defining the fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens.

  4. Constitution of India • Passed by the Constituent Assembly on January 26, 1950. It declares The Union of India is a sovereign, democratic republic, assuring its citizens of justice, equality and liberty. India celebrates the adoption of the constitution on January, 26 each year as Republic Day. • It is the longest written constitution of any independent nation in the world, containing 395 articles, 12 schedules and 83 amendments, for a total of 117,369 words in the English version. • Being the supreme law of the country, every law enacted by the government must conform to the constitution.

  5. Constitution of India – Preamble • WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR , DEMOCRATIC REPUBLIC and to secure to all its citizens: • JUSTICE, social, economic and political; • LIBERTY of thought, expression, belief, faith and worship; • EQUALITY of status and of opportunity; • to promote among them all • FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; • IN OUR CONSTITUENT ASSEMBLY do HEREBYADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

  6. The Rights • RIGHTS literally mean those freedoms which are essential for personal good as well as the good of the community. • The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law.

  7. The Rights • Fundamental rights for Indians have been aimed at overturning the inequalities of pre-independence social practices. They have been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.

  8. Right to equality • Right to equality is most important right. • It is the principal foundation of all other rights and liberties, and guarantees the following: • Equality before law: The constitution guarantees that all citizens shall be equally protected by the laws of the country. It means that the State cannot discriminate against a citizen on the basis of caste, creed, colour, sex, religion or place of birth.

  9. Social equality • Social equality and equal access to public areas: The constitution states that no person shall be discriminated on the basis of caste, colour, language etc. Every person shall have equal access to public places like public parks, museums, wells, bathing ghats and temples etc.

  10. Equality in Public employment Equality in matters of public employment: The constitution lays down that the State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. The State may reserve posts for members of backward classes, scheduled castes or scheduled tribes which are not adequately represented in the services under the State to bring up the weaker sections of the society.

  11. Right of Freedom The Constitution contains the right to freedom, with the view of guaranteeing individual rights that were considered vital. The Rights of freedoms: Freedom of Speech and expression, which enable an individual to participate in public activities. The freedom of expression includes freedom of press.

  12. Right to assemble and association Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India. Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.

  13. Freedom to move and reside Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics. Freedom to reside and settle in any part of India which is also subject to reasonable restrictions by the State for the protection of the scheduled tribes.

  14. Freedom of profession Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practicing any profession or carrying on any trade.

  15. Right against exploitation The right against exploitation provides for abolition of trafficking in human beings, forced labor and abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines. Trafficking in humans for the purpose of slave trade or prostitution is also prohibited by law.

  16. Cultural and educational rights As India is a country of many languages, religions and cultures, the Constitution protects the rights to the minorities. Any community which has a language and a script of its own has the right to conserve and develop them. All minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture.

  17. Right to constitutional remedies Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. The courts can be moved for various kinds of writes. They are boon in democracy. Thus fundamental rights give meaning to be a free Indian.

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