Before getting into the topic , a little about Constitution of India.
Indian constitution is the lengthiest written constitution of the world, and this is true. It is derived from constitution of many countries. It has 465 Articles, 25 parts,12 Schedules and a Preamble.
Since its enforcement on January 26, 1949, there has been 100 amendments which shows our Constitution is dynamic and has always been active in removing loop holes and amending it.
Indian constitution is the lengthiest written constitution of the world, and this is true. It is derived from constitution of many countries. It has 465 Articles, 25 parts,12 Schedules and a Preamble.
Since its enforcement on January 26, 1949, there has been 100 amendments which shows our Constitution is dynamic and has always been active in removing loop holes and amending it.
Now about Rights every Indian citizen should be aware of:
Two Mainly:
Fundamental Rights (Articles 12- 35) and Fundamental Duties (Part IV A)
Fundamental Rights are the rights given to the constitution of India to the Indian Citizens (and foreign nationals, though all may not apply). I will concentrate only on the rights given to Indian Citizens. It is important to know that Fundamental Duties are equally important.
Fundamental Rights:
Right to Equality(Article 14-18)
Article 14:Equality before Law: The Constitution guarantees that all citizens will be equal*before law. It means that everyone will be equally protected by the laws of the country. No person is above law. It means that if two persons commit the same crime, both of them will get the same punishment without any discrimination.
Article 15: Prohibition of Discrimination on certain grounds: : The State cannot discriminate against a citizen on the basis of religion,race, caste, sex or place of birth. This is necessary to bring about social equality.Every citizen of India has equal access to shops, restaurants, places of public entertainment or in the use of wells, tanks or roads without any discrimination. However, the State can make special provisions or concessions for women and children.
Article 16: Equality of opportunity in public employment : The State cannot discriminate against anyone in the matter of public employment. All citizens can apply and become employees of the State. Merits and qualifications will be the basis of employment. However, there are some exceptions to this right. There is a special provision for the reservation of posts for citizens belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBCs).
Article 17: Prohibition of Untouchability
Article 18: Abolition of titles other than military and academic titles. (So Mohandas Karamchand Gandhi is not 'Mahatma' Gandhi.)
Fundamental Rights (Articles 12- 35) and Fundamental Duties (Part IV A)
Fundamental Rights are the rights given to the constitution of India to the Indian Citizens (and foreign nationals, though all may not apply). I will concentrate only on the rights given to Indian Citizens. It is important to know that Fundamental Duties are equally important.
Fundamental Rights:
Right to Equality(Article 14-18)
Article 14:Equality before Law: The Constitution guarantees that all citizens will be equal*before law. It means that everyone will be equally protected by the laws of the country. No person is above law. It means that if two persons commit the same crime, both of them will get the same punishment without any discrimination.
Article 15: Prohibition of Discrimination on certain grounds: : The State cannot discriminate against a citizen on the basis of religion,race, caste, sex or place of birth. This is necessary to bring about social equality.Every citizen of India has equal access to shops, restaurants, places of public entertainment or in the use of wells, tanks or roads without any discrimination. However, the State can make special provisions or concessions for women and children.
Article 16: Equality of opportunity in public employment : The State cannot discriminate against anyone in the matter of public employment. All citizens can apply and become employees of the State. Merits and qualifications will be the basis of employment. However, there are some exceptions to this right. There is a special provision for the reservation of posts for citizens belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBCs).
Article 17: Prohibition of Untouchability
Article 18: Abolition of titles other than military and academic titles. (So Mohandas Karamchand Gandhi is not 'Mahatma' Gandhi.)
Right to Freedom (Article 19-22)
Article 19: Six Freedoms:
(a) Freedom of speech and expression
(b) Freedom to assemble peacefully and without armsMODULE - 3
Democracy at Work
(c) Freedom to form Associations and Unions
(d) Freedom to move freely throughout the territory of India
(e) Freedom to reside and settle in any part of India
(f) Freedom to practice any profession or to carry on any occupation, trade
or business
Article 20: Protection in respect of conviction for offences
Article 21: Protection in respect of conviction for offences
Article 22: Protection against arrest and detention
It is provided in Article 22 that whenever a person is arrested, he or she should be informed, as soon as it is possible, of the grounds for arrest and should be allowed to consult and to be defended by a legal practitioner of his or her choice. Moreover, arrested person must be produced before the nearest magistrate within 24 hours of such an arrest excepting a person who has been arrested under preventive detention law. The case of the person arrested under preventive detention law has also to be referred to an Advisory Board within a period of three months of his or her arrest.
Article 19: Six Freedoms:
(a) Freedom of speech and expression
(b) Freedom to assemble peacefully and without armsMODULE - 3
Democracy at Work
(c) Freedom to form Associations and Unions
(d) Freedom to move freely throughout the territory of India
(e) Freedom to reside and settle in any part of India
(f) Freedom to practice any profession or to carry on any occupation, trade
or business
Article 20: Protection in respect of conviction for offences
Article 21: Protection in respect of conviction for offences
Article 22: Protection against arrest and detention
It is provided in Article 22 that whenever a person is arrested, he or she should be informed, as soon as it is possible, of the grounds for arrest and should be allowed to consult and to be defended by a legal practitioner of his or her choice. Moreover, arrested person must be produced before the nearest magistrate within 24 hours of such an arrest excepting a person who has been arrested under preventive detention law. The case of the person arrested under preventive detention law has also to be referred to an Advisory Board within a period of three months of his or her arrest.
Right against Exploitation (Article 23-24):
Article 23: Prohibition of traffic in human beings and forced labour: Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any breach of this provision shall be an offence punishable in accordance with
law.
Article 24: Prohibition of Child employments in factories
As the Constitution provides, no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Article 23: Prohibition of traffic in human beings and forced labour: Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any breach of this provision shall be an offence punishable in accordance with
law.
Article 24: Prohibition of Child employments in factories
As the Constitution provides, no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Right to Freedom of Religion (Article 25-28)
Article 25: Freedom of conscience and free profession, practice and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom as to the payment of taxes for promotion of any particular religion.
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Article 25: Freedom of conscience and free profession, practice and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom as to the payment of taxes for promotion of any particular religion.
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Cultural and Educational Rights (Article 29-30)
Article 29: Protection of Interests of Minorities.
Article 30: Right of minorities to establish and administer educational institutions.
Article 29: Protection of Interests of Minorities.
Article 30: Right of minorities to establish and administer educational institutions.
Right to Constitutional Remedies (Article 32)
One of the most important of all Fundamental Rights without which all the rights mentioned above would stand invalid. The Right to cons. remedies provide and individual to directly approach Supreme Court of India in case he feel his rights are violated.
Now, in return of all the rights mentioned above, the constitution / Nation expects us to do certain things which are mentioned in Article IV A of the constitution , calledFundamental Duties(Article 51A).
The following ten duties have been listed in the Constitution of India:
1. to abide by the Constitution and respect its ideals and institutions, the National
Flag, National Anthem;
2. to cherish and follow the noble ideals which inspired our national struggle for
freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do;
5. to promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environments including forests, lakes, rivers
and wildlife;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and not to use violence; and
10. to serve towards excellence in all spheres of individual and collective activity.
Besides, a new duty has been added after the passage of Right to Education Act,
2009. “A parent or guardian has to provide opportunities for the education of his
child/ward between the age of six and fourteen years.
These duties are in the nature of a code of conduct. Since they are unjusticiable,
there is no legal sanction behind them.
One of the most important of all Fundamental Rights without which all the rights mentioned above would stand invalid. The Right to cons. remedies provide and individual to directly approach Supreme Court of India in case he feel his rights are violated.
Now, in return of all the rights mentioned above, the constitution / Nation expects us to do certain things which are mentioned in Article IV A of the constitution , calledFundamental Duties(Article 51A).
The following ten duties have been listed in the Constitution of India:
1. to abide by the Constitution and respect its ideals and institutions, the National
Flag, National Anthem;
2. to cherish and follow the noble ideals which inspired our national struggle for
freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do;
5. to promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environments including forests, lakes, rivers
and wildlife;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and not to use violence; and
10. to serve towards excellence in all spheres of individual and collective activity.
Besides, a new duty has been added after the passage of Right to Education Act,
2009. “A parent or guardian has to provide opportunities for the education of his
child/ward between the age of six and fourteen years.
These duties are in the nature of a code of conduct. Since they are unjusticiable,
there is no legal sanction behind them.
Article 31 Right to Property has been removed from the constitution and has been put under another section /part.
Some other Articles worth mentioning here are:
Article 325: No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
Article 300A: Right to property.
Article 325: No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
Article 300A: Right to property.
For non-Indians, Part II of the Constitution deals with Citizenship status. It consists of Articles 5-11. Part III of the Constitution mentions Fundamental Rights (Articles 12-35), which non-Indians can enjoy.
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