Fundamental Rights And Fundamental Rights

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India guarantees a set of rights considered essential for protecting human dignity which is known as Fundamental Rights. The Fundamental Rights, as embedded in the Indian Constitution, ensure equal and fair treatment of the citizens before the law. The rights that are basic to the advancement of the human race are called Fundamental Rights. All other rights are derived from these rights as direct implications or application of their principles. It is an accepted belief among the philosophers that these rights are nothing but "natural human rights", which distinguish between humans and animals and which have been so instrumental in bringing humans from the stone age to the present age. Among all, the right to life and liberty is considered …show more content…

21, which is the most important and diverse of all the rights to freedom, is the Protection of Life and Personal Liberty. SC in Menaka Gandhi v Union of India AIR 1978 was a landmark case that gave wide interpretation of this right. In this case the SC held that his right is not only about having any kind of life but a life of dignity. The freedom is not just physical but mental as well as spiritual. This encompasses several rights such as right to travel abroad ( Satvant Singh v Ass. Passport Office AIR 1967) and right to pollution free water and air ( Subhash Kumar vs State of Bihar AIR 1991) . Further, Constitution Amendment Act 86, 2002 makes free and compulsory education to children under 14 a fundamental …show more content…

Art 25-28 Freedom of Religion
Unlike several countries of the world, we are free to practice, profess, and propagate any religion under Art. 25. Art. 26 allows us to establish and maintain institutions for religious and charitable purposes. It also gives the right to manage our own religious matters. Art. 27 provides tax benefits for promotion of religion and art. 28 prohibits religious teaching in govt and govt aided schools.

5. Art 29-30 Cultural and Educational Rights
Art. 29 allows any section of citizens living anywhere in India who have a distinct language, script, or culture, to preserve the same. Art. 30 allows minorities to establish and maintain educational institutions. To prevent discrimination, however, art 29(2) prohibits them from discrimination in admissions only on the grounds of religion, race, caste, language, or any of them.

6. Art 32 Right to Constitutional Remedies
Dr. Ambedkar, the chief architect of our constitution, has said that Article 32 is the soul of our constitution. All the talk of rights is useless if there is no recourse against their transgression. Under this article, a citizen is free to go to the Supreme Court for violation of his rights.

Scope of Fundamental

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