Fundamental Rights in India

Fundamental Rights

• Part III of the Constitution of India (Articles 12-35)
• Guaranteed to all citizens of India
• Six fundamental rights:
  1. Right to Equality (Articles 14-18)
     • Equality before law
     • Prohibition of discrimination
     • Equality of opportunity in public employment
  2. Right to Freedom (Articles 19-22)
     • Freedom of speech and expression
     • Freedom to assemble peacefully
     • Freedom to form associations
     • Freedom to move freely throughout the country
     • Freedom to reside and settle in any part of the country
  3. Right against Exploitation (Articles 23-24)
     • Prohibition of traffic in human beings and forced labour
     • Prohibition of employment of children in factories, etc.
  4. Right to Freedom of Religion (Articles 25-28)
     • Freedom of conscience and free profession, practice and propagation of religion
     • Freedom to manage religious affairs
  5. Cultural and Educational Rights (Articles 29-30)
     • Protection of interests of minorities
     • Right to conserve distinct language, script or culture
  6. Right to Constitutional Remedies (Articles 32-35)
     • Right to move the Supreme Court for enforcement of fundamental rights

Directive Principles

• Part IV of the Constitution of India (Articles 36-51)
• Non-justiciable, i.e., cannot be enforced by courts
• Aim to secure socio-economic justice and welfare of the people
• Guide the government in policymaking and legislation
• Key principles:
  • Social Welfare: Ensure a decent standard of living for all citizens
  • Economic Welfare: Promote economic development and prosperity
  • International Cooperation: Foster international cooperation and respect for international law

Preamble

• Introductory part of the Constitution
• Sets out the objectives of the Constitution
• Key features:
  • Sovereign: India is a sovereign nation
  • Democratic: India is a democratic republic
  • Republic: India is a republic, not a monarchy
  • Secular: India is a secular nation, treating all religions equally
  • Socialist: India aims to promote social and economic equality
  • Justice: India aims to ensure justice, liberty, and equality for all citizens

Federalism

• India is a federal state with a constitutional government
• Key features:
  • Bicameral Legislature: Two houses of Parliament: Lok Sabha and Rajya Sabha
  • Division of Powers: Power is divided between the Centre and the States
  • Centre-State Relations: The Centre and States have distinct areas of jurisdiction
  • Supremacy of the Constitution: The Constitution is the supreme law of the land

Amendments

• Process of changing the Constitution
• Article 368 of the Constitution
• Types of amendments:
  • Simple Majority: Amendments can be made by a simple majority in both houses of Parliament
  • Special Majority: Amendments require a special majority in both houses of Parliament
  • Ratification by States: Amendments require ratification by at least half of the states
• Key amendments:
  • 42nd Amendment (1976): Added the words "socialist" and "secular" to the Preamble
  • 44th Amendment (1978): Restored the Supreme Court's power to review constitutional amendments
  • 73rd Amendment (1992): Empowered panchayats and introduced decentralization

Fundamental Rights

• Guaranteed to all citizens of India under Part III of the Constitution (Articles 12-35)
• Six fundamental rights:

Right to Equality

• Equality before law
• Prohibition of discrimination
• Equality of opportunity in public employment

Right to Freedom

• Freedom of speech and expression
• Freedom to assemble peacefully
• Freedom to form associations
• Freedom to move freely throughout the country
• Freedom to reside and settle in any part of the country

Right against Exploitation

• Prohibition of traffic in human beings and forced labour
• Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

• Freedom of conscience and free profession, practice and propagation of religion
• Freedom to manage religious affairs

Cultural and Educational Rights

• Protection of interests of minorities
• Right to conserve distinct language, script or culture

Right to Constitutional Remedies

• Right to move the Supreme Court for enforcement of fundamental rights

Directive Principles

• Part IV of the Constitution (Articles 36-51)
• Non-justiciable, i.e., cannot be enforced by courts
• Aim to secure socio-economic justice and welfare of the people
• Guide the government in policymaking and legislation
• Key principles:
• Social Welfare: Ensure a decent standard of living for all citizens
• Economic Welfare: Promote economic development and prosperity
• International Cooperation: Foster international cooperation and respect for international law

Preamble

• Introductory part of the Constitution
• Sets out the objectives of the Constitution
• Key features:
• Sovereign: India is a sovereign nation
• Democratic: India is a democratic republic
• Republic: India is a republic, not a monarchy
• Secular: India is a secular nation, treating all religions equally
• Socialist: India aims to promote social and economic equality
• Justice: India aims to ensure justice, liberty, and equality for all citizens

Federalism

• India is a federal state with a constitutional government
• Key features:
• Bicameral Legislature: Two houses of Parliament: Lok Sabha and Rajya Sabha
• Division of Powers: Power is divided between the Centre and the States
• Centre-State Relations: The Centre and States have distinct areas of jurisdiction
• Supremacy of the Constitution: The Constitution is the supreme law of the land

Amendments

• Process of changing the Constitution
• Article 368 of the Constitution
• Types of amendments:
• Simple Majority: Amendments can be made by a simple majority in both houses of Parliament
• Special Majority: Amendments require a special majority in both houses of Parliament
• Ratification by States: Amendments require ratification by at least half of the states
• Key amendments:
• 42nd Amendment (1976): Added the words "socialist" and "secular" to the Preamble
• 44th Amendment (1978): Restored the Supreme Court's power to review constitutional amendments
• 73rd Amendment (1992): Empowered panchayats and introduced decentralization