Fundamental Rights

  • They are justiciable, amendable and suspendable.

 

  • “Right to property” has been eliminated from the list of fundamental rights (by deleting article 31 & 19(f). by 44th amendment 1978 and placed under chapter IV, part XII, article 300 A.

 

  • Rights granted only for citizens are – Article 15, 16, 19, 30.

 

  • Rights granted against executive – Article 21.

 

  • Rights granted against legislature – Article 15, 17, 18, 18, 20 and 24.

 

  • Article 19 remains automatically suspended during national emergency imposed on the ground of war of external aggression.

 

  • During national emergency, the president can suspend Article 32. 

 

  • Article 20, 21 remain in force even during national emergency.

 

  • According to a Supreme Court judgment article, 21 & 22 and right to move the court for the writ habeas corpus shall remain in force.

 

 Right to Equality

 

  • Equality before law – Article 14.

 

  • Discrimination against any citizen on grounds of caste, race, sex, religion, place of birth/entry into a public place – Article 15.

 

  • Equality of opportunity in public employment – Article 16.

 

  • Abolition of untouchability – Article 17.

 

  • Conferring of title – Article 18.

 

 Right to Particular Freedom

 

  • Six freedoms – 
    1. To freedom of speech and expression;
    2. To assemble peaceably and without arms;
    3. To form associations or unions;
    4. To move freely throughout the territory of India;
    5. To reside and settle in any part of the territory of India;  

(g) To practise any profession, or to carry on any occupation, trade or business – Article 19.

 

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

 

  • No person shall be deprived of his life or personal liberty except according to procedure established by law – Article 21

 

  • The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine - Article 21A (Included by the Constitution (Eighty-sixth Amendment) Act, 2002)

 

  • Preventive detention – Article 22.

 

 Right against Exploitation

 

  • Prohibition of forced labour – Article 23.

 

  • Prohibition of child labour below 14 years – Article 24.

 

Right to Freedom of Religion

 

  • Freedom of conscience & Religion – Article 25.

 

  • Freedom to manage religious affairs – Article 26.

 

  • Freedom not to pay taxes for religious promotion – Article 27.

 

  • Freedom not to attend religious instructions – Article 28.

 

Cultural and Educational Rights

 

  • Protection of interest of minorities – Article 29 & 30.

 

 Right to Constitutional Remedies

 

    Right to move the court (Supreme Court or High Court) in the event of the violation of fundamental rights – Article 32.

 

The Writs

 

Habeas Corpus:

 

  • The Wirt of Habeas Corpus is in the nature of an order. It is issued against wrong detention. By issuing such a Writ, the court can require that a person who has been imprisoned and can be brought before it, in order to know the reason of his detention and set him free if no legal justification for the imprisonment.

 

  • The words Habeas Corpus literally mean to have a body. The writ may be addressed to any person whatever are official or a private person who has another person in his custody.

 

  • The writ is available for (i) enforcement of fundamental rights (ii) where the order of imprisonment or detention is Ultra Vires.

 

  • The writ is not available for (i) detention of persons outside the jurisdiction of the court (ii) Imprisonment by court of law on criminal charges.

 

Mandamus:

 

  • Mandamus means command. It commands the person to whom it is addressed to perform some public or quasi-public legal duty that he has refused to perform and the performance of which cannot be enforced by any other adequate legal remedy. 

 

  • The writ is mainly issued for the enforcement of fundamental rights.

 

Prohibition:

 

  • The Supreme Court or a High Court an inferior court or a lower court for bidding the latter to discontinue preceding a case, which is outside its jurisdiction, issues the writ of prohibition. 

 

  • The writ of Prohibition differs from the writ of mandamus is that while mandamus commands activity, prohibition commands inactivity. 

 

  • Further, while mandamus is available against not only judicial authorities, prohibition as well as certiorari are issued only against judicial or quasi-judicial authorities.

 

 Certiorari:

 

  • The Writ of certiorari is issued to a lower court after a case has been decided by it quashing the decision or order. It is issued where a court acts beyond it jurisdiction.

 

  • Though both, prohibition and certiorari are issued against courts or tribunals exercising judicial or quasi-judicial powers certiorari is issued to quash the order of decision of the tribunal while prohibition is issued to prohibit the tribunal from making the ultra vires order or decision.  

 

  • While prohibition in available at an earlier stage, certiorari is available later stage, on similar grounds. The object of both is to secure that the jurisdiction of an inferior court or tribunal is property exercised and that is does not usurp the jurisdiction, which it does not possess.

 

 Quo Warranto:

 

  • The court enquires into the legality of the claim of a person to public office and to remove him from its enjoyment if the claim is not well founded by a proceeding. 

 

  • Condition for the issue of Writ of Quo Warranto to the office must be public and it must be created by statute or by the Constitution itself. 

 

  • The office must be a substantive one and no merely the function or employment of a servant at the will and during the pleasure of another. There has been a contravention of the constitution is a statute or statutory instrument in appointing such person to that office. 

 

  • The fundamental basis of the proceeding of Quo Warranto is that the public has interest to see that unlawful claimant does not usurp a public office.