Question

Explain the follwing :- a) Fundamental rights b) Features of Fundamental rights c) Classification of fundamental rights

Answer 1

Fundamental Rights :-

Part III of the Indian Constitution consisting of Article 12 to 35 deals with Fundamental Rights. Part III of the Constitution is called the Cornerstone of the Constitution (Sajjan Singh v. State of Rajasthan) together with Part IV (Directive Principles of State Policy) as the ‘Conscience of the Constitution’.

Features of Fundamental Rights :-

• Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.

• The Constitution confers the following rights and privileges on the citizens of India (and denies the same to aliens):

✔ Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).

✔ Right to equality of opportunity in the matter of public employment (Article 16).

✔ Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).

✔ Cultural and educational rights (Articles 29 and 30).

• They are not absolute but qualified.

• Some of them are negative in character.

• They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.

• They are not sacrosanct or permanent.

Classification of Fundamental Rights :-

• All the Fundamental Rights have been classified under the following six categories:

⭐ Right to Equality (Art.14-18)

⭐ Right to Freedom (Art.19-22)

⭐ Right against Exploitation (23-24)

⭐ Right to Freedom of Religion (Art.25-28)

⭐ Cultural and Educational Rights (Art.29-30)

⭐ Right to Constitutional Remedies (Art.32)

• The right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution

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Answer 2

Explain the follwing :- a) Fundamental rights b) Features of Fundamental rights c) Classification of fundamental rights