Wednesday, 25 June 2014

FUNDAMENTAL RIGHTS


The Fundamental Rights as one of the salient features of the Constitution which are incorporated in chapler III of the Constitution. It is protected by judicial system of the country concerned. Their violation, even by the State, is not allowed by the courts.

Objectives
The enforcement of Fundamental Rights is ensured through High Courts and the Supreme Court.

Meaning And Importance Of Fundamental Rights
The rights, which are enshrined in the Constitution, are called ‘Fundamental Rights’. These rights ensure the fullest physical, mental and moral development of every citizen.
Fundamental Rights provide standards of conduct, citizenship, justice and fair play. They serve as a check on the government.
In our Constitution, Fundamental Rights are enumerated in Part III from Article 14 to 32.

These rights are justifiable.
Justifiable: Justifiable means that if these rights are violated by the government or
anyone else, the individual has the right to approach the Supreme Court or High Courts for the protection of his/her Fundamental Rights. Our Constitution does not permit the legislature and the executive to control these rights  either by law or by an executive order.

 Some of the Fundamental Rights are also enjoyed by foreigners, for example, the Right to Equality before Law and Right to Freedom of Religion are enjoyed by both i.e. citizens as well as foreigners.

The Fundamental Rights though justifiable are not absolute. The Constitution empowers the government to impose certain restrictions on the enjoyment of our rights in the interest of public good.

Seven Fundamental Rights were enshrined in the Constitution of India.  
However the Right to Property was removed from the list of Fundamental Rights by the 44th  Amendment Act of the Constitution in the year 1976. 

There are now six Fundamental Rights.
The Fundamental Rights are: -
Ø  Right to Equality
Ø  Right to Freedom
Ø  Right against Exploitation
Ø  Right to Freedom of Religion
Ø  Cultural and Educational Rights, and
Ø  Right to Constitutional Remedies.

Recently by the 86th  Amendment Act, the Right to Education has been included in the list of Fundamental Rights as part of the Right to Freedom by adding Article 21(A).
source

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