List the functional roght which are provided to the citizen of india
Answers
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1. EQUALITY RIGHTS (ARTICLES 14 –18)
1.1 Article 14 of the Constitution of India reads as under:
“The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.”
1.2 The said Article is clearly in two parts – while it commands the State not to deny to any person ‘equality before law’, it also commands the State not to deny the ‘equal protection of the laws’. Equality before law prohibits discrimination. It is a negative concept. The concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish
equality amongst all. It is positive in character. Therefore, the necessary
corollary to this would be that equals would be treated equally, whilst un-equals would have to be treated unequally .
Article 15 secures the citizens from every sort of discrimination by the State,on the
grounds of religion, race, caste, sex or place of birth or any of them. However,
this Article does not prevent the State from making any special provisions for
women or children. Further, it also allows the State to extend special provisions
for socially and economically backward classes for their advancement. It applies to the Scheduled Castes (SC) and Scheduled Tribes (ST) as well.
Article 16 assures equality of opportunity in matters of public employment and
prevents the State from any sort of discrimination on the grounds of religion,
race, caste, sex, descent, place of birth, residence or any of them. This Article
also provides the autonomy to the State to grant special provisions for the
backward classes, under-represented States, SC & ST for posts under the State.
Local candidates may also be given preference is certain posts. Reservation of posts for people of a certain religion or denomination in a religious or
denominational institution will not be deemed illegal.
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FUNDAMENTAL RIGHTS
1. RIGHT TO FREEDOM
2. RIGHT TO EQUALITY
3. RIGHT AGAINST EXPLOITATION
4. RIGHT TO FREEDOM OF RELIGION
5. CULTURAL AND EDUCATIONAL RIGHT
6. RIGHT TO CONSTITUTIONAL REMEDIES.
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