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Everything you need to know about CLAT: Registration, Syllabus, Admit Card, Exam Pattern, and Dates » CLAT Study Material » Legal Reasoning » AMENDMENT OF FUNDAMENTAL RIGHTS
CLAT Scholarship

AMENDMENT OF FUNDAMENTAL RIGHTS

The first call for fundamental rights came as the Swaraj Bill in 1895. It was written down because of the people continuously calling for self-government and due to exposure of Indian patriotism. The first draft constitution, the second draft constitution, the third draft constitution passed in Feb 1948, Oct 1948, Nov 1949 consisted of the amended fundamental rights made by the Drafting Committee.

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The fundamental rights were amended in the constitution because they were seen as an important part of the enhancement of the personality of an individual and to protect human honor. The constitution guarantees the people to give them the freedom of right, freedom of speech, freedom of expression, etc. which in total are there in fundamental rights. The fundamental rights help us not only in keeping safety but also in avoidance of gross contravention of human rights.

Their focus is on providing every citizen the same facilities and access not knowing what their background is. Amended fundamental rights safeguard us from individuals from any state action but some of the rights are applied against individuals. For example- The constitution abolished untouchability. When there is a national emergency then it harms these rights, when this happens then all the rights become null. Then the legislature should come up and create laws that go opposite to the rights in article 19.

PROCEDURE OF AMENDING THE FUNDAMENTAL RIGHTS:

  The procedure for the amendment of fundamental rights in the constitution is given below:

  • A bill that is to be amended should be established in either Lok Sabha or Rajya sabha.
  • Then it must proceed by each house with a maximum of the total strength of that house and by a group of not less than 2/3rd of the members there and voting.
  • Then the bill is sent to the President for his signature and approval 
  • Then the constitution was amended.

TYPES OF FUNDAMENTAL RIGHTS:

There are 6 different types of fundamental rights amended in the constitution:

  • THE RIGHT TO EQUALITY

Right to equality is a definition in itself. Given under article 14, the right to equality means that every individual living within the borders of India has equal rights compared to everyone. They should be treated the same without any discrimination, partiality, racism, etc. 

  • THE RIGHT TO FREEDOM

The right to freedom is written in articles 19 to 22, with an eye of providing individual rights but it also includes some restrictions that are applied by the state. This includes various types of freedoms like freedom of speech, freedom of assembly, freedom of association, freedom of movement, etc.

  • THE RIGHT AGAINST EXPLOITATION:

This is laid down in articles 23 to 24. This includes rights against 2 types of exploitation, Firstly The Prohibition of Human Trafficking and Forced Labour which includes rich people, money lenders, landlords forced people to labor, and also provides safety against the sale of men & women, and children, prostitution, etc. Secondly, the Prohibition of Child Labour states that children under the age of 14 should not be hired for risky jobs in factories and mines.

  • RIGHT TO FREEDOM OF RELIGION:

This is laid down in articles 25 to 28. This provides religious freedom to every citizen in India. It stated that every person has the right to protect and practice their religion and they should promote their religion peacefully not by creating any riot or public gathering.

  • RIGHT TO LIFE:

This is stated in article 21. The right to life is the right to live and not to be killed by any other individual or any other law. No one has the right to take anyone’s life and to give personal freedom to all people. It also gives assurance of human life with full honor.

  • CULTURAL AND EDUCATIONAL RIGHTS:

The cultural and educational right which is stated in articles 29 and 30 is the right to protect the cultural, linguistic, and religious minorities by permitting them to keep their heritage and defending them against discrimination.

CONCLUSION:

Fundamental rights held so much importance as the constitution also keeps an eye that no goes against it and breaks the laws. If there has been a violation in the rights then the person will be given the fixing by the judiciary. It provides security of the liberties and freedom of the person against any interference by the state. They serve as a shield protecting individuals’ freedom, minimising the power of the governing body. It also permits to amend it, as the citizens like. They can serve as a defending body during a time of difficulty and help us to be a great citizen and thus this is the reason rights are the main thing a citizen demands and should get.

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Get answers to the most common queries related to the CLAT Examination Preparation.

Can the preamble be amended?

Answer: As cleared by the supreme court of India, the structure of the preamble cannot be changed but it can ...Read full

Which is the longest constitution in the world?

Answer: The constitution of India is regarded as the longest constitution in the world with 1,46,385 words in...Read full

Which country has no written constitution?

Answer: There are 3 countries with no written constitution which are the United Kingdom(UK), New Zealand, and Isr...Read full

Where is the original constitution of India kept?

Answer: The original book of the constitution of India is kept in the library of the parliament which is writ...Read full

Which country has the strongest constitution?

Answer: The Indian constitution is named as the longest constitution with more than 1,45,000 words written in...Read full

Answer: As cleared by the supreme court of India, the structure of the preamble cannot be changed but it can be put through constitutional amendments under article 368

Answer: The constitution of India is regarded as the longest constitution in the world with 1,46,385 words in the English language

Answer: There are 3 countries with no written constitution which are the United Kingdom(UK), New Zealand, and Israel. They do not have any written or amended constitution.

Answer: The original book of the constitution of India is kept in the library of the parliament which is written  in both Hindi and English and is placed in a helium-filled case inside the library of the parliament

Answer: The Indian constitution is named as the longest constitution with more than 1,45,000 words written in English and it is also the strongest in the world as it has the largest democracy and is the lengthiest constitution of any sovereign state in the whole world.

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