TOPIC INFO (CUET PG)
TOPIC INFO – CUET PG (Political Science)
SUB-TOPIC INFO – Indian Government and Policies
CONTENT TYPE – Short Notes
What’s Inside the Chapter? (After Subscription)
1. Fundamental Rights Characteristics
2. State definition (Article 12)
3. ARTICLE 13
4. Right to Equality (Articles 14, 15, 16, 17 and 18)
5. Right to Freedom (Articles 19, 20, 21 and 22)
6. Right Against Exploitation (Articles 23 and 24)
7. Right to Freedom of Religion (Article 25-28)
8. Cultural and Educational Rights (Articles 29 and 30)
9. Right to Constitutional Remedies (Article 32)
10. Conclusion
Access This Topic With Any Subscription Below:
- CUET PG Political Science
- CUET PG Political Science + Book Notes
Fundamental Rights
CUET PG
Political Science
- Fundamental Rights are the fundamental human rights of all citizens. These rights, as defined in Part III of the Constitution, are guaranteed to all people without distinction.
- They are enforceable in court, subject to certain limitations.
- These FRs are sanctioned to promote the ideal of political democracy.
- In 1215, England’s Magna Carta established the concept of fundamental rights.
- Fundamental Rights in the Indian constitution are modeled after the ‘Bill of Rights’ (Fundamental Rights) included in the United States Constitution.
- This section of the constitution is also known as the Indian Magna Carta.
- The FRs serve as checks on executive tyranny and arbitrary legislative legislation.
- Originally, the constitution called for seven FRs. The 44th Amendment Act of 1978, however, repealed the property right.
The Constitution of India provides for six Fundamental Rights
- Right to equality (Articles 14–18)
- Right to freedom (Articles 19–22)
- Right against exploitation (Articles 23–24)
- Right to freedom of religion (Articles 25–28)
- Cultural and educational rights (Articles 29–30)
- Right to constitutional remedies (Article 32)
- The property right was originally included in the Constitution (Article 31). The 44th Amendment Act of 1978, however, removed it from the list of Fundamental Rights.
- Article 300-A of Part XII of the Constitution makes it a legal right.
Fundamental Rights Characteristics
- Articles 15, 16, 19, 29, and 30 are only available to citizens.
- Fundamental rights are qualified rather than absolute. FRs can be subject to reasonable restrictions. The Supreme Court decides whether such restrictions are reasonable.
- These rights strike a balance between individual rights and societal rights, between individual liberty and social control.
- Most rights are available against state actions, but some are also available against private individual actions.
- Some FRs have a negative personality, while others have a positive personality. Negative FRs impose restrictions on the government, whereas positive FRs obligate the government to take action.
- FRs are inherently justifiable.
- The constitution protects and guarantees FRs. As a result, an aggrieved party can approach the SC directly rather than through an appeal.
- The provisions of the FRs can be amended by Parliament through a constitutional amendment act as long as they do not violate the basic structure of the Indian constitution.
- Except for the rights guaranteed by Articles 20 and 21, FRs can be suspended during the operation of a National Emergency. Furthermore, FRs under Article 19 can only be suspended during a state of emergency declared due to war or external aggression.
- Articles 31A, 31B, and 31C limit the scope of FRs.
- In the case of armed forces, paramilitary forces, police forces, intelligence agencies, and analogous services, Parliament has the authority to limit or prohibit the application of FR.
- While martial law is in effect, FR may be restricted.
- Only Parliament has the authority to enact legislation to enforce the FR.
PRACTICE QUESTIONS OF THIS TOPIC
1. Who first established the concept of fundamental rights?
A) United States Constitution
B) Magna Carta, 1215, England
C) Indian Constitution
D) Bill of Rights
2. Which amendment removed the property right from the list of Fundamental Rights in India?
A) 42nd Amendment
B) 25th Amendment
C) 44th Amendment
D) 86th Amendment
3. How many Fundamental Rights does the Constitution of India currently provide?
A) 5
B) 6
C) 7
D) 8
4. Which Article guarantees the right to constitutional remedies?
A) Article 30
B) Article 25
C) Article 32
D) Article 22
