What are Fundamental Rights? Analytical study of all the rules related to the right to freedom. Fundamental Rights

There are some rights which are very essential for human life, one of them is fundamental rights or fundamental rights. Description of fundamental rights can be seen in the constitution of all countries. The main objective of fundamental rights is to protect the interests of the citizens, which are directed by the states.Fundamental rights are described in Part 3 of the Indian Constitution. Fundamental rights are essential for the mental and social upliftment of the citizens. Fundamental rights also receive judicial protection from the court. The court can enforce the original orders through judicial process. Changes in these rights can be made by the government by amending the Constitution.


The fundamental rights in the Indian Constitution have been adopted from the British Constitution. In Britain, the power to grant rights to the public is called Magna Carta. That is why Part 3 of the Indian Constitution is also known as Magna Carta. The first 7 rights were described in the Fundamental Rights. But the right to property was separated by the 44th constitutional amendment. In 1979, a separate Article 300 (9) was created for this. Fundamental Rights

DEFAMATION AND LIBEL

UPSC HISTORY TEST 2 – 5 JAN 2023


The following fundamental rights have been given under the Indian Constitution.


1) Right to equality and equity which comes under Article 14 to Article 18.


2) Right to freedom which comes under Articles 19 to 22.


3) Right against exploitation which is mentioned in Articles 23 and 24.


4) Right to religious freedom which comes under Articles 25 to 28. Fundamental Rights


5) Right to culture and education which is mentioned in Articles 29 and 30.


Now we will talk about the right to freedom which is mentioned in Articles 19 to 22 of our Constitution.


Article 19- This article is the article of the Indian Constitution which can be abolished first in the event of emergency. According to this, initially 7 types of freedom were mentioned which have currently been limited to 6. Out of which the right to property was abolished by the 44th constitutional amendment. Fundamental Rights


Article 19 (1)
Freedom of speech – An Indian citizen can give completely appropriate speech. Can express his thoughts to anyone. There should be complete freedom of speech or expression, apart from this, nominal freedom is given under these.
freedom of press freedom of broadcasting right to Information right to remain silent right to hoist the national flag The government can impose restrictions on these freedoms if it has an adverse effect on the unity or integrity of the nation. For example, if any slogans are against the honor of the nation then they can be banned or recently a news channel has been banned by the Honorable Supreme Court on broadcasting a headline like UPSC Jihad to a particular religion.


Article 19(2)
Freedom to hold a conference – The conference should be peaceful and the conference should be appropriate. This can also be banned by the state. If the purpose of the conference is against the state.


Article 19 (3)
Freedom to form an association or assembly – Indian citizens have been given the right to form an association (party) or establish an assembly. In this, according to the 97th Constitutional Amendment 2011, cooperative societies were established. Its detail is explained in Article 243 Part 9 (2). The state, military party, court etc. cannot establish any association or assembly.


Article 19 (4)
Freedom of travel- Any citizen of India can have complete freedom of movement in any area of ​​India. However, the state also has the jurisdiction to keep a watch on them, as well as any particular place can also be banned for common citizens on the basis of security and other reasons. Fundamental Rights


Article 19 (5)
Freedom of permanent residence- Just as an Indian citizen has the freedom to travel anywhere, similarly any citizen in any state also has the freedom to reside. Unlike some countries, India does not require separate citizenship to reside in the states. But these can also be banned by the state based on appropriate reasons.


Article 19 (6) has been deleted by the 44th amendment of the Constitution.


Article 19 (7)
Freedom of business – Any Indian citizen has the full right to choose any type of business, any type of livelihood while living within the law, he can do any work or start his business or work at any place. . But along with this, there is also a prohibition on doing prohibited work under the law and if some government approval is required for any business, then it is very important to follow them.


Article 20
Right to protection of conviction- Under Article 20, no citizen can be considered guilty until his guilt is proven. According to this, reasons for arrest have to be stated for punishment. Only the law in force at the time the arrest is made can be used. A person has the full right to hire a lawyer to present his case. Also, there is no right to give punishment more than once for the same fault.


Article 21
Life and bodily liberty (right to life)- Articles 20 and 21 cannot be removed by the state even in case of emergency. Every person has the right to life. The right to life cannot be violated by the state on the basis of any legal process. Apart from this, there are some other rights which are as follows- Right to clean environment- Women’s right to respect- Right to compulsory education for children below 14 years of age- Fundamental Rights


Article 22
Protection of arrest and prohibition in some cases – If a person has been arrested, he has to be produced before the magistrate within 24 hours. But in this, that time is not counted – if a public holiday falls in between or the time taken for travel is not recognized.
In determining 24 hours, the time taken from reaching Thane till reaching the Magistrate is taken into account. The guilty person cannot be forced to give any statement. A person can become a lawyer as per his wish. There will be only one punishment for the same crime. This applies only to the state. This rule does not apply to treason, terrorism or external enemies.