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HomeLearnPolityFundamental Rights Incorporated in Constitution of India (Articles, Writs)

Fundamental Rights Incorporated in Constitution of India (Articles, Writs)

Fundamental Rights incorporated in Constitution of India: There are some Fundamental Rights incorporated in Constitution of India. They are:

Right to Equality

Article 14

Equality before the law and equal protection of the law.

Article 15

Prohibition of discrimination on grounds on grounds only of religion, race, caste, sex or place of birth.

Article 16

Equality of opportunity in matters of public employment.

Article 17

End of untouchability

Article 18

Abolition of titles. Military and academic distinctions are, however, exempted.

Right to Freedom

Article 19

It guarantees the citizen of India the following six fundamental freedoms:
(a) Freedom of Speech and Expression.
(b) Freedom of Assembly
(c) Freedom to form Association
(d) Freedom of Movement
(e) Freedom of Residence and Settlement
(f) Freedom of Profession, Occupation, Trade, and Business

Article 20

Protection in respect of conviction for offences.

Article 21

Protection of life and personal liberty.

Article 22

Protection against arrest and detention in certain cases.

Right Against Exploitation

Article 23

Traffic in human beings prohibited.

Article 24

No child below the age of 14 can be employed.

Right to freedom of Religion

Article 25

Freedom of conscience and free profession, practice and propagation of religion.

Article 26

Freedom to manage religious affairs

Article 27

Prohibits taxes on religious grounds.

Article 28

Freedom as to attendance at religious ceremonies in certain educational institutions.

Cultural and Educational Rights

Article 29

Protection of interests of minorities.

Article 30

Right of minorities to establish and administer educational institutions.

Article 31

Omitted by 44th Amendment Act.

Right to Constitutional Remedies

Article 32

The right to move the Supreme Court in the case of their violation (called Soul and Heart of the Constitution by B R Ambedkar).
To enforce the Fundamental Rights incorporated in Constitution of India, the Supreme Curt is empowered under Article 32 to issue writs of various forms.

Habeas Corpus: Literally means ‘to have the body’. Implies that a person imprisoned or detained by the law can enquire under what authority he has been imprisoned or detained.

Mandamus: Literally means ‘command’ issued by the court commanding a person or a public authority to do or forbear to do something in the nature of public duty.

Quo Warranto: An order issued by the court to prevent a person from holding office to which he is not entitled and to oust him from that office.

Certiorari: It is a writ, which orders the removal of a suit from an inferior court to a superior court (for speedy justice).

Prohibition: y a higher court to stop proceedings in a lower court on the ground of over-stepping of jurisdiction or isolation of the rules of natural justice.

Must Read:

Fundamental Rights & Detailed Analysis Part I

Fundamental Rights &Detailed Analysis Part 2

Fundamental Duties Incorporated in Constitution of India

Fundamental Duties of Indian Citizen