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FUNDAMENTAL RIGHTS (GEN POINTS (The word fundamental suggests that…
FUNDAMENTAL RIGHTS
GEN POINTS
The word fundamental suggests that Fundamental rights are so important that the Constitution has
separately listed them and made special provision for their protection. They are guaranteed by the
fundamental law of the land
Fundamental rights can be amended by constitution amendment till they do
not violate basic structure of the constitution and thus they are not sacrosanct
are available against the actions of both State and private individuals. Few Rights
like Abolition of Untouchablity etc are available against private citizen also.
These rights limit the power of Executive and legislature and thus prevents
tyranny of executive and legislature.
The fundamental rights promote the political democracy only. It is the DPSPs
which promote social and economic democracy in the country
These rights are not absolute and are subject to reasonable restrictions like public
safety, morality, decency etc. For e.g. article 19(2) provides for limitations on article 19(1)(a).
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Except the Fundamental Rights under the articles 15, 16, 19, 29 and 30 all the Fundamental Rights are
available to both citizens and foreign nationals
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RIGHT TO FREEDOM 19-22
ART 21 RIGHT TO LIFE
The scope of Article 21 got wider interpretation by moving from ‘procedure established
by law’ towards ‘due process of law
Maneka Gandhi’s case is not only a landmark case for the interpretation of Article 21
but it also gave an entirely new viewpoint to look at the Chapter III of the Constitution. Prior
to Maneka Gandhi’s decision, Article 21 guaranteed the right to life and personal liberty only
against the arbitrary action of the executive and not from the legislative action. Broadly
speaking, what this case did was extend this protection against legislative action too.
Article 21
provided for the phrase" procedure established by law", instead of "due process of law". However the SC
in the Maneka Gandhi case declared that Indian judiciary follows 'due process of law' as well, where
court can go beyond the letters of the law.
Article 21(A): The State shall provide free and compulsory education to all children of the age of six to
fourteen years.
Right to Life under article 21 does not provide for euthanasia. It is the Supreme
Court which has permitted passive euthanasia in India that too after the matter is referred to High Court.
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CULTURAL AND EDUCATIONAL RIGHTS 29,30
Article 29: Any section of the citizens residing in the territory of India or any part thereof having a
distinct language, script or culture of its own shall have the right to conserve the same.