Fundamental Rights
- The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.
- fundamental rights driven from USA.
- Part III of the Constitution is rightly described as the Magna Carta of India.
- fundamental rights are justiciable. that mean parliament can be amend fundamental rights.
- Originally, the Constitution provided for seven Fundamental Rights viz,
1. Right to equality (Articles 14–18)
2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32).
- However, the right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978
- Right to property is legal right under Article 300-A in Part XII of the Constitution.
- Some of Fundamental Rights are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
- Fundamental rights are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.
- They are defended and guaranteed by the Supreme Court. Hence, the aggrieved person can directly go to the Supreme Court, not necessarily by way of appeal against the judgement of the high courts.
- the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution.
