In the last post, we have learned about Citizenship of India as specified in Part II of the Constitution. Now let's see about some rights guaranteed by the Constitution to such Citizens under Part III(Fundamental Rights) of the Constitution containing 34 Articles from (12)-(35).- Article (12) defines the term "State", State includes the Government and Parliament of India and Government and Legislature of the state and all other local and authoritative bodies in the territory of India or under the Government of India.
- Article (13) states that all the laws existing before the enactment of this constitution and inconsistent with the rights conferred in Part III will become void. And state shall not make any laws to abridge or take away the rights granted in this part.
Right to Equality [Article (14) - (18)]
- Article (14) - state cannot deny equality before the law and the equal protection of laws to its citizens.
- Article (15) says that the state can not discriminate "only" on the basis of Religion, Caste, Region, Race, Sex, and place of Birth. Sate cannot be prevented under this article to make special provisions for women, children, backward classes, SCs and STs.
- Article (16) offers equality of opportunity in the matter of employment.
- Article (17) Abolishes Untouchability.
- Article (18) talks about the recognition of titles. Only military and academic titles will be given by the government. An Indian citizen cannot accept the title from the foreign state. A person who is not a citizen, but working in an office or a trust under the state cannot accept any title from other countries without prior permission of the President. Similarly, a person working in an office under the state cannot accept a gift, office, present, emolument or money from a foreign country without the President's permission.
Right to Freedom [Article (19) - (22)]
- Article (19) grants freedom - of Speech and Expression, to assemble peacefully without arms, to form associations or unions, to move freely throughout India, to settle and reside anywhere in India, and of the profession, job, trade, and business. The state can impose reasonable restriction on the above freedoms when it seems necessary.
- Article (20) states that no person can be convicted unless there is a breach of law by the person. No person can be punished for the same offense for more than once.
- Article (21) gives the right to life except by the procedure established by the law
- Article (21A) gives right to free and compulsory education to all children in the age group of 6 to 14 years.
- Article (22) states that no person can be taken into custody without being informed and he also has a right to consult and to be defended. Arrested person should be produced before the magistrate in 24 hours excluding the journey time. Above mentioned rights are not applicable to an enemy alien and a person arrested under preventive detention. Preventive detention cannot extend beyond the time of 3 months unless recommended by an Advisory Committee appointed by the Chief Justice of High Court. Advisory Committee consists of a chairman who should be a serving judge of the high court and other members not less than two members who can be either serving or retired judges of any High Court.
Right Against Exploitation [Article (23) - (24)]
- Article (23) prohibits human trafficking and begar and any other forms of forced labour. This article cannot prevent the state from imposing a compulsory public service condition on its citizens.
- Article (24) imposes a ban on child labour below the age of fourteen.
Right to Freedom of Religion [Article (25) - (28)]
- Article (25) gives equal right of entitlement to freedom of conscience and the right to freely profess, practice and propagate their religion. All Hindu religious institutions are open to all classes of Hindus.
- Article (26) gives to all religious denominations a right to maintain religious and charitable institutions and manage their own affairs.
- Article (27) states that there is no need to pay taxes on money used for maintenance and promotion of a religion.
- Article (28) states that no religious instructions shall be given at the schools run on state funds. This does not apply if the school is run under the endowment department. Persons attending a state recognized school need not take part in religious instructions that may be imparted in such institution.
Cultural and Educational Rights [Article (29) - (31)]
- Article (29) - Every cultural section in India will have the right to conserve their culture, language, literature, and script.
- Article (30) gives rights to minorities(religion/language/caste) to establish and administer educational institutions. Constitution does not explain the term minorities.
- Article (31) about compulsory acquisition of property has been repealed in 1976.
- Article (31A) - Saving of laws providing for the acquisition of estates.
- Article (31B) states that none of the Acts and Regulations placed in the Ninth schedule shall be declared void for the reason that it takes away the rights conferred by any provisions of Part III.
- Article (31C) state that no law giving effect to the policy of the State towards securing all or any of the directive principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14 or Article 19.
Right to Constitutional Remedies [Article (32) - (35)]
- Article (32) gives the citizens the right to move the Supreme Court to appropriate the enforcement of rights conferred by Part III. Supreme court thas the right to issue writs to protect this part like Habeas corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. Parliament has the power to empower any local courts to exercise the above-mentioned powers in its limits.
- Article (33) gives the power to parliament to limit the rights conferred by Part III on certain citizens like the ones who are serving in Armed forces, intelligence, persons concerned with telecommunications etc.,
- Article (34) restricts certain rights conferred by this part while martial law is in force.
- Article (35) gives power to the legislature to give effect to certain provisions of this part.
Articles 15, 16, 19, 29, and 30 are only applicable to the Indian Citizens.