Socio Political Philosophy: Fundamental Rights – 1, the Preamble and Features of the Fundamental Rights

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  • Fundamental rights are guaranteed to each and every Indian Citizen in Part III of the Indian constitution, from article 14-24.

  • They can also be understood as Essential Rights.

  • They are important for an all-round development of the Individual

The Preamble

Ideals: Justice, Liberty, Equality and Fraternity

  • The constitutional objectives of Indian Republic are Liberty, Equality, Justice and Fraternity.

  • These ideals are highlighted in the preamble.

  • Fundamental rights are derived from these 4 Ideals

The Preamble

The Preamble

Justice

Fair and Equal Treatment of everyone.

  • Social Justice- Equal distribution of prestige, respect in the society.

  • Economic Justice- Equal distribution of resources in the society.

  • Political Justice- Equality before law, for all.

Equality

Equality of Opportunity to all or The state of Being Equal!

Liberty

  • Ability to do as one pleases.

  • Freedom of thought, expression, belief, faith, religion, etc.

Fraternity

  • Developing the ties of Friendship/Brotherhood.

  • Developing the Spirit of Unity.

Fundamental Rights

Fundamental Rights

6 Fundamental Rights

There are six Fundamental rights in India. They are.

  • Right to Equality,

  • Right to Freedom,

  • Right against Exploitation,

  • Right to Freedom of Religion.

  • Cultural and Educational Rights,

  • Right to Constitutional Remedies.

Features of the Fundamental Rights

Some rights are available only to Indian Citizens and not just the residents in the country.

For example, Fundamental rights of Indian Citizens are.

  • Article 15- prohibition of discrimination on grounds of religion, race, sex, caste, etc.

  • Article 16- equality of opportunity in matters of public employment.

  • Article 19- Protection of six rights of Freedom.

  • Article 29- Protection of language, script and culture of minorities.

  • Article 30- Right of minorities to establish and administer educational institutions.

  • Fundamental rights available to residents of India are.

  • Article 14 – Equality before the law and equal protection of laws.

  • Article 20 – Protection in respect of conviction for offences.

  • Article 21 – Protection of life and personal liberty.

  • Article 21A – Right to elementary education.

  • Article 22 – Protection against arrest and detention in certain cases.

  • Article 23 – Prohibition of traffic in human beings and forced labour.

  • Article 24 – Prohibition of employment of children in factories etc.

  • Article 25 – Freedom of conscience and free profession, practice and propagation of religion.

  • Article 26 – Freedom to manage religious affairs.

  • Article 27 – Freedom from payment of taxes for promotion of any religion.

  • Article 28 – Freedom from attending religious instruction or worship in certain educational institutions.

  • Fundamental Rights are justiciable in nature or enforceable in nature.

  • Meaning, if a person’s fundamental rights are violated, the person has a right to approach the Supreme Court (article 32) and High Courts in India (article 226), for the protection of their rights.

  • They are an integral part of the constitution.

  • Meaning, they form the basic structure of the constitution.

  • They are universal in nature

  • Meaning, they are for all.

  • They have a constitutional superiority.

  • Meaning, they are regarded superior than the ordinary laws and the DPS.

  • They are Comprehensive in nature.

  • Meaning, they are enumerated in an elaborate manner.

  • They are qualified and not absolute.

  • Meaning, they come with certain limitations and restrictions.

  • They are amendable.

  • Meaning, they are not permanent, the parliament can amend them. For example, right to property is no longer a fundamental right. It is now a legal right under article 300A.

Questions

1. Which amongst the following is not a Fundamental Right solely for the Citizens of India?

A. Article 15

B. Article 16

C. Article 14

D. Article 19

Answer: C

Explanation: Fundamental rights of Indian Citizens are.

  • Article 15- prohibition of discrimination on grounds of religion, race, sex, caste, etc.

  • Article 16- equality of opportunity in matters of public employment.

  • Article 19- Protection of six rights of Freedom.

  • Article 29- Protection of language, script and culture of minorities.

  • Article 30- Right of minorities to establish and administer educational institutions.

  • Whereas Article 14- Equality before the law and equal protection of laws is for both, Residents and Citizens of the country.

2. The Fundamental rights are derived from the __ ideals of the Preamble

A. Three

B. Four

C. Five

D. Two

Answer: B

Explanation: The constitutional objectives of Indian Republic are Liberty, Equality, Justice and Fraternity.

  • These ideals are highlighted in the preamble.

  • Fundamental rights are derived from these 4 Ideals

3. Right to Freedom of religion is a fundamental right for

A. Citizens of the Country

B. Residents of the Country

C. Both A and B

D. None of these

Answer: C

Explanation: Article 25 – Freedom of conscience and free profession, practice and propagation of religion applies to both; citizens and the residents of the country.

4. Select the incorrect statement

A. Fundamental rights are not absolute in nature

B. Fundamental rights are not amendable in nature.

C. Fundamental rights are provided by Judiciary

D. There are six fundamental rights in India

Answer: B

Explanation: Fundamental rights are not amendable in nature is incorrect. They are not permanent; the parliament can amend them.

5. The ideal of justice in Preamble deals with

A. Socio-Economic Justice

B. Political Justice

C. Legal Justice

D. Both A and B

Answer: D

Explanation: Justice: Fair and Equal Treatment of everyone.

  • Social Justice- Equal distribution of prestige, respect in the society.

  • Economic Justice- Equal distribution of resources in the society.

  • Political Justice- Equality before law, for all.

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