What are the fundamental rights in India?

Answer 1

Rights mean those freedoms which are essential for personal good as well as the good of the community.fundamental rights are guaranteed by the part III of the indian constitution as these basic rights are needed by every citizen for the development of the citizens.It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India.The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, color or Gender.

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.

Answer 2

Remedies for Enforcing Fundamental Rights

Article 32 of the Constitution provides a guaranteed remedy for the enforcement of Fundamental Rights. The remedy is in the form of specific writs mentioned in the Article or any other appropriate order by the Supreme Court. A writ is a written court order by which one is summoned or required to do something. The writs mentioned in the Constitution have a long history in British constitution law and are, therefore, understood with precise meaning and importance. Hence, when an aggrieved person seeks a remedy from the Court through a particular writ, the nature of the remedy itself is clear both to him and to the Court.

The writs mentioned in the Constitution are the following:

(1) Habeas Corpus, (2) Mandamus, (3) Certiorari, (4) Prohibition, and (5) Quo Warranto.

Let us now see the nature and significance of each of them.

1. Habeas Corpus

Habeas Corpus is a Latin term which literally means "you should have the body" . The writ was regarded in England as a foundation of human freedom and the British citizens insisted upon this privilege wherever they went whether for business or colonization. This is how it found a place in the Constitution of the United States, when the British colonies in America won their independence and established a new State under that Constitution.

In India the power to issue a writ of Habeas Corpus is vested only in the Supreme Court and the High Court. The writ is a direction of the Court to a person who is detaining another, commanding him to bring the body of the person in his custody a specified time to a specified place for a specified purpose.

The writ has only one purpose: to set at liberty a person who is confined without legal justification; to secure release from confinement of a person unlawful detained. The writ is issued not only against the State and its authorities but also to private individuals or organization, if necessary.

2. Mandamus

The Latin word Mandamus means "we order". The writ ofMandamus is an order of the Supreme Court or the High Court commanding a person or a body to do that which is his or its duty to do. For instance, a licensing officer is obliged to issue a license to an applicant if he fulfils all the conditions laid down for the issue of such license. Similarly, and appointing authority should issue a letter of appointment to a candidate if all the formalities of selection are over and if the candidate is declared fit for appointment. But despite the fulfillment of such conditions, if the officer or the authority concerned refuses or fails to issue the license or the appointment letter, the aggrieved person has a right to seek the remedy through a writ of Mandamus.

3. Certiorari

Certiorari is a writ which orders the removal of a suit from an inferior court to a superior court. It may be used before a trial takes place to prevent an excess or abuse of jurisdiction and to remove the case of trail to a higher court. It is invoked also after trial to quash an order which has been made without jurisdiction or in defiance of the rules of natural justice.

4. Prohibition

A writ of Prohibition is issued primarily to prevent an inferior court from exceeding its jurisdiction or acting contrary to the rules of natural justice. For example, a judge may be restrained from hearing a case in which he is personally interested. The writ of Prohibition is a counterpart of the writ of Certiorari and an aggrieved person may make an application for the issue of both the writs.

5. Quo Warranto

An application for a writ of Quo Warranto seeks an order from the Supreme Court or High Court to restrain a person from acting in an office to which he is not entitled. It may also seek the office to be declared as vacant. What the court has to do is to determine whether there has been usurpation of an office of a public nature. For example, a member of a Municipal Corporation may through an application of writ of Quo Warranto challenge the authority of the Mayor if he is of the opinion that he Mayor was not properly elected.

It is a matter of great significance that there have been numerous occasions when each of these writs has been sought by aggrieved parties from time to time ever since the inauguration of the Constitution.

Answer 3

1.Right to equality

2.Right to freedom

3.right against exploitation

4.right to freedom of religion

5.cultural and educational rights

6.right to constitutional remedies

Answer 4

There does not seem to be any true consensus about what constitutes a fundamental right. The jurisprudence of the United States Supreme Court has generally held that a fundamental right is one which is "so deeply rooted in the collective tradition and conscience of our people" that it is ranked fundamental. Of course, this is circular logic, but it highlights the difficulty associated with defining such a subjective philosophical term.

However, in the past the Court has found several things to be "fundamental." Family autonomy, procreation, sex, sexual orientation, reproductive autonomy, ability to purchase and use contraceptives, an expecting mother's choice to terminate a pregnancy, medical care, refusal of medical care, interstate travel, voting, access to courts, speech, religion, privacy, property ownership, and a parent's interest in the care and companionship of their child have been named as fundamental rights. Right to education and welfare benefits have been denied "fundamental" status by the Court.

Answer 5

IN INDIA THE CITIZENS ARE PROVIDED VD 6 RIGHTS AND THEY ARE-

• RIGHT TO EQUALITY-SO THAT NO 1 SHUD HV A FEELING THAT THEY R NT TREATED EQUALLY.
• RIGHT TO FREEDOM-COZ OF THIS RIGHT V R ALLOWED TO DO EHATEVER V WANT, BT R NT ALLOWED TO HURT ANY1.
• RIGHT AGAINST EXPLOITATION-so that v can go against any exploitation done to us. coz of this right we can raise our voice against any exploitation.
• CULTURAL AND EDUCATION RIGHT-UNDER THIS, EACH N EVERY CITIZEN OF THE COUNTRY HS GT THE RIGHT TO GET FREE N COMPULSORY EDUCATION, ESP. TILL AGE 14.
• RIGHT TO RELIGION-V R ALLOWED 2 CHOOSE ANY RELIGION, IN CASE V R NT ENOUGH SATISFIED VD OUR OWN RELIGION.
• RIGHT TO CONSTITUTIONAL REMEDIES-THIS RIGHT PROTECTS ALL THE OTHER RIGHT.

Answer 6

The importance of the fundamental rights con be classified under following headings:

1. Foundation of democracy: India can rightly boast of being the largest democracy in the world. The fundamental rights create and environment essential for the setting up of dmocracy. The chapter III of the constitution provides such freedoms as for the very foundation of democracy.

Answer 7

Right of Freedom or Equality .This is because it the basic right of us because through it we can have all the opportunities that many people are denied. Freedom to speak vote and every other thing describes that we can do anything but not against the constitution

Answer 8

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