FUNDAMENTAL RIGHTS FOR CDS EXAM BY RAJAT KUMAR
GRADUATION FROM HPU SHIMLA MBA FROM CENTRAL UNIVERSITY OF HIMACHAL PRADESH
FUNDAMENTAL RIGHTS Fundamental rights are enshrined in the PART 3 of the Constitution of India. Fundamental rights are mentioned from article 12 to 35 . Fundamental rights are taken from the Constitution of USA where these are named as "Bill of Rights". Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination, Fundamental Rights are described as "Magna Carta" of India.
. Definition of State (Article 12) . Laws inconsistent with Fundamental Rights (Article 13) .Right to Equality (Articles 14-18) . Right to freedom (Article 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 property (Article 31) (Deleted by 44h Amendment act 1978) . Right to constitutional remedies (Article 32)
Features of Fundamental Rights . Some are available only to the citizens while others are available to all persons whether citizens, foreigners or legal entities. They are defended by the Supreme court. They are not permanent. The parliament can curtail them through constitutional amendment. .They can be suspended during National emergency . Rights guaranteed by Article 19 can only be suspended during war or external agression
Right to Equality (Articles 14-18) . Equality before law (British origin) and equal protection of laws (American origin). (Article 14) . Prohibition of discrimination on grounds of religion, . Equality of opportunity in matters of public Abolition of untouchability and prohibition of its Abolition of titles except military and academic race, caste, sex or place of birth. (Article 15) employment. (Article 16) practice. (Article 17) (Article 18)
Points to remember Article 14 . The concept of Equality before law is an element of Rule of law which is propounded by A.V Dicey (British Jurist) The President the Governor of the state enjoys immunities under Article 361 Article 361-A is for media persons. Article 105 is for members of parliament, Article 194 is for members of state legislature Article 31-C is an exception to Article 14 . The foreign sovereigns, ambassadors and diplomats enjoy immunity from criminal and civil proceedings . UNO and its agencies
Points to remember Article 15 .The state is permitted to make any special provision for women and children. .The state is permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens or for schedule castes and schedule tribes. It also includes admission to educational institutions The last provision was added by the 93rd Amendment act of 2005
Points to remember Article 16 Parliament can prescribe residence as a condition for certain employments. (Requirement as to residence act of 1957 expired in 1974) except for Andhra Pradesh & Telangana Mandal commission. (1979) . Ram Nandan committee. Submitted report in 1993
Points to remember Article 17 In 1976, the untouchability offences act 1955 has been amended and renamed as Protection of civil rights act, 1955. .The term untouchability has not been defined either in the constitution or in the act
MBA from Central University of Himachal Pradesh. "Take Care to get what you like or you will be forced to like what you get"