FUNDAMENTAL RIGHTS

•Prepared by: Priyanshu Kumar

•Class: XI/M
•Roll No.:
•Subject Teacher: Suvra Ma’am
 Acknowledgement
I would like to express my special thanks of gratitude to my
Political science teacher “DR. Suvra Ma’am “ for their able
guidance and support in completing my project.
I would also like to extend my gratitude to the school authority
for providing me with all the facility that was required.

Priyanshu Kumar
XI/M
 What is Fundamental Rights?

Fundamental rights are those rights which are

essential for intellectual, moral and spiritual
development of citizens of India. As these rights are
fundamental or essential for existence and all-round
development of individuals, they are called
'Fundamental rights.
Nature/Features of Fundamental Rights
 Protected and guaranteed by the constitution
 The legislature and the Executives cannot override or curtail
them
 Justiciable and protected by the judiciary
 Not absolute, some restrictions are there
 Can be curtailed during National Emergency
 Comprehensive in Part-III, Article: 12-35
 Negative in the sense that they impose restriction upon the power
of state.
Significance of Fundamental Rights

 Establishes strong roots for a democratic constitution

 Protects the liberties of the people and protect against state
tyranny and exploitation by individual
 Help in fixing relation between Citizens and state
 Constitution protects, Preserves and Safe Guards the minority
Rights
 Help in establishment of Social, Economic and Political justice
 SIX Fundamental Rights

1. Right to Equality (Article: 14 to 18)

2. Right to Freedom (Article: 19 to 22)
3. Right against Exploitation (Article: 23 to 24)
4. Right to Freedom of Religion (Article: 25 to 28)
5. Cultural and Educational Rights (Article: 29 to 30)
6. Right to Constitutional Remedy (Article: 32)

 ‘Right to Property’, however, was removed from Article-31 in

1978 by 44th Amendment Act
Right to Equality (Article:14 to 18)

• Equality before law

• Social equality and equal access to public areas
• Equality in matters of public employment
• Abolition of untouchability
• Abolition of Titles
 Right to freedom (Article 19 to 22)

• ARTICLE 19 – 22

Article 19 :- says that all citizens shall have the right

• To freedom of speech and expression.
• To assemble peacefully and without arms.
• To move freely throughout the territory of India.
• To practice any profession or to carry on any occupation,
trade or business.
Right to freedom continued….

Article 20( Protection in respect of conviction for offenses)

Articles 20 says that state can impose reasonable restrictions on the groups of security of the
state, friendly relations with foreign states, public order, recency, morality, contempt of
court, defamation, etc.

 Article 21 deals with protection of life and personal liberty.

 Article 21 A states that shall provide free and compulsory education to all children of the
age of 6 – 14 years.

Article 22 deals with protection against arrest and detention in certain cases.
Right Against Exploitation (Articles: 23-24)

 Article 23 deals with the

prohibition of traffic in human
beings and forced labour.

 Article 24 deals with prohibition

of employment of children in
factories etc.
Right to freedom of Religion (Articles: 25 to 28)

 Article 25 guarantees the freedom of conscience, the freedom

to profess, practice, and propagate religion to all citizens.
 Article 26 provides that every religious denomination has the
following rights, subject to morality, health, and public order.
 According to Article 27 of the Constitution, there can be no
taxes, the proceeds of which are directly used for the
promotion and/or maintenance of any particular
religion/religious denomination.
 Article 28 permits educational institutions that are
maintained by religious groups to disseminate religious
instruction.
Cultural and Educational Rights (Article: 29-30)

oArticle 29(1): This provides all citizen groups that reside in India having a distinct
culture, language, and script, the right to conserve their culture and language. This
right is absolute and there are no ‘reasonable restrictions’ in the interest of the general
public here.
oArticle 29(2): The State shall not deny admission into educational institutes
maintained by it or those that receive aids from it to any person based on race,
religion, caste, language, etc. This right is given to individuals and not any community.
oArticle 30(1): All religious and linguistic minorities have the right to establish and
administer educational institutions of their choice.
oArticle 30(2): The State should not, when granting aid to educational institutions,
discriminate against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language.
 Right to Constitutional Remedies (Article 32)

This right states that a person can move to Supreme court if he/she
wants to get their fundamental rights protected including the Writs
(Habeas corpus, mandamus, Prohibition, certiorari and Quo
warranties).
This right comes under article 32 for Supreme court an article 226 for
the high court. It is known as the right to constitutional remedies. In
this right, the Supreme court, as well as high court, is given the power
to instill the fundamental rights. Furthermore, the power can be
issued by local courts also to extend the rights. Although, there is one
act which comes under the military law known as the court-martial
which is exempted from this right.
SUMMARY & CONCLUSION

That every human being in this universe has some liberty which can
not be restraint by anyone. This is why fundamental rights have been
written and given to enjoy to the people in this world. If these have not
been framed then no one could have lived freely in this world.
We people are brought here with the consent of God and it is only he
who can take away any kind of rights from us unless it is hurting
others. Thus it has always been necessary to frame these fundamental
rights for a dignified life of a human being.
The fundamental Rights has a different importance, that is why it can
directly be filed in the higher Court i.e. the Supreme Court.
Thanks to our ideals who have brought these into books and made
compulsory to be followed.