Indian Polity: Fundamental Rights Flashcards
Which articles deal with Fundamental Rights?
Articles 12 to 35
What are the 6 Fundamental Rights?
- Right to Equity
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
The Fundamental Right to property was removed by which Amendment
The 44th Amendment Act of 1978
As a result, there are now only 6 Fundamental Rights.
Define:
Writ Jurisdiction
A legal order given by a court of law to enforce he rights of people
The 5 writs are?
- Habeus Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo-warranto
Habeas Corpus
To direct the release of a person detained unlawfully.
Mandamus
To direct a public authority to do its duty.
Quo Warranto
To direct a person to vacate an office assumed wrongfully.
Prohibition
To prohibit a lower court from proceeding on a case.
Certiorari
Power of the higher court to remove a proceeding from a lower court and bring it before itself.
5 features of the Fundamental Rights
- Protected by the Constitution
- Not sacrosanct, permanent, or absolute
- Rights are justiciable
- Suspension of Rights can be done during a National emergency
- There could be restriction of laws if martial law is in force
Article 14
Equality before Law
Article 15
Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.
Article 16
Equality of opportunity in matters of public employment.
Article 17
Abolition of the untouchability.
Article 18
Abolition of titles
Article 19
Guarantees to all the citizens the six rights
- Right to freedom of speech and expression.
- Right to assemble peacefully and without arms.
- Right to form associations or unions.
- Right to move freely throughout the territory of India.
- Right to reside and settle in any part of the territory of India.
- Right to practice any profession or to carry on any occupation, trade, and business.
Article 20
Protection in respect of conviction for offences
Article 21
Article 21A
Article 21= Protection of life and personal liberty
Article 21A= The state shall provide free and compulsory education to all children from age 6 to 14
Article 22
Protection against arrest and detention in certain cases.
Article 23
Prohibition of traffic in human beings and forced labour
Article 24
Prohibition of employment of children in factories and mines under age of 14
Article 25
Freedom of conscience and free profession, practice and propagation of religion
Article 26
Freedom to manage religious affairs.