Concept

Fundamental rights in India

The Fundamental Rights a in India enshrined in part III (Article 12-35) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the right to enjoy for a proper and harmonious development of personality and life. These rights apply universally to all citizens of India, irrespective of their race, place of birth, religion, caste or gender. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. The six fundamental rights are: Right to equality (Article 14–18) Right to freedom (Article 19–22) Right against exploitation (Article 23–24) Right to freedom of religion (Article 25–28) Cultural and educational rights (Article 29–30) Right to constitutional remedies (Article 32-35) Rights literally mean those freedoms which are essential for personal good as well as the good of the community.

Official source

https://en.wikipedia.org/wiki/Fundamental_rights_in_India

About this result

This page is automatically generated and may contain information that is not correct, complete, up-to-date, or relevant to your search query. The same applies to every other page on this website. Please make sure to verify the information with EPFL's official sources.

Related courses (2)

BIO-455: Introduction to law and ethics

Le but du cours est de familiariser l'étudiant-e aux notions de base du droit et de l'éthique applicables à la recherche en LSE et à son transfert en applications, et de lui fournir les éléments essen

HUM-307: Law of technological research

Entre droit et éthique, ce cours présente les normes qui encadrant la recherche et, plus spécifiquement, la recherche relative à l'être humain. L'étudiant-e y acquiert une vision globale et pratique d

Related publications (2)

A tutorial on graph models for scheduling round-robin sports tournaments

Dominique de Werra

Many sports leagues organize their competitions as round-robin tournaments. This tournament design has a rich mathematical structure that has been studied in the literature over the years. We review some of the main properties and fundamental scheduling me ...

WILEY2023

Une fabrique de la société-Monde, Internet entre technique et politique mondiale

Luc Guillemot

The Internet is a place made of worldwide interactions, and as such it is an environment of the World. Its technical specifications gather opposing views concerning relations to the World, which coincide nevertheless in the recognition of fundamental right ...

EPFL2014

Related concepts (5)

Rule of law

The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopedia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power.

Basic structure doctrine

The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted.

Liberal democracy

Liberal democracy or western democracy is the combination of a liberal political philosophy that operates under a representative democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into different branches of government, the rule of law in everyday life as part of an open society, a market economy with private property, universal suffrage, and the equal protection of human rights, civil rights, civil liberties and political freedoms for all people.