Fundamental Rights Study Notes for JKPSC KAS – Check Now

Fundamental Rights Study Notes: Fundamental right is regarded as one of the most important topics of Polity in the JKPSC KAS Syllabus. In this blog, we will be discussing fundamental rights in detail.

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What are Fundamental Rights?

Fundamental Rights are basic human rights that are guaranteed to all the citizens of India. It comes under Part-III of the Indian constitution or Magna Carta of the Indian Constitution. These rights are covered under articles 12-35 of the Constitution of India. Originally, there were 7 Fundamental Rights in the constitution, but one right namely, the Right to property (Article 31) was removed from the list of Fundamental Rights.

The Right to property was removed by the 44th Constitutional Amendment Act, 1978, and was converted into a legal right under Article 300A in Part XII of the constitution.

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Why are they called Fundamental Rights?

Fundamental rights are known as fundamental rights due to the following reasons:

a. These rights are incorporated in the Indian constitution which guarantees their applicability.

b. These rights are justiciable i.e enforceable by courts. In simple words, a person can approach the courts of law, in the event of a violation of these rights.

Let us have a look at the fundamental rights in India in the following lines

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Fundamental Rights in India (From Article 12-35)

At present, there are 6 Fundamental Rights in India as approved by the Constitution of India which are as follows:

  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

We will be learning about each of these articles in detail

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Right to Equality

The Right to Equality is the first right that is present in the Constitution of India. It is covered under articles 14-18. It guarantees equal rights for everyone, irrespective of the cast, creed and religion, gender or place of birth.

This right also provides equal employment opportunities in the government sector as well as insures the citizens against discrimination by the State in matters of employment on grounds of caste and religion.

This right also includes important provisions such as the removal of titles and untouchability.

Right to Freedom

Right to Freedom is the second right on the list and it deals with the various freedoms that are provided to the people of India. These rights are included under Article 19-22 of the Indian Constitution. The following are the freedoms that are included in the fundamental rights

  • Freedom of speech
  • Freedom of expression
  • Freedom of assembly without arms
  • Freedom of association
  • Freedom to practise any profession 
  • Freedom to reside in any part of the country

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Some of these rights are not applicable all the time, which means that under certain conditions the State has the right to impose restrictions on them. The conditions can be related to state security, public morality, decency and friendly relations with neighbouring or foreign countries. 

Right Against Exploitation

This is the third set of rights that is known as the Right Against Exploitation. It is covered under Articles 23-24 and deals with the prohibition of human trafficking and forced human labour.

This right prohibits the employment of child labour in factories and also the employment of children below the age of 14 years in work involving hazardous conditions.

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Right to Freedom of Religion

The fourth set of fundamental rights is known as the Right to Freedom of Religion and it deals with the right to practice any faith without obstruction. It also provides the provision for establishing and maintaining religious and charitable institutions.

The right states that State has no official religion and everyone has the freedom of conscience, profession, practice and propagation of religion.

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Cultural & Educational Rights

This is the fifth in the list of fundamental rights provided in the Indian Constitution and is also known as Cultural & Educational Rights. It is covered under Articles 29-30.

This right enables the protection of rights of religious, cultural and linguistic minorities by allowing the preservation of culture and heritage.

There is also the provision of establishing and administering educational institutions by minorities in order to preserve their culture and heritage.

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Right to Constitutional Remedies

This is the sixth and last among the fundamental rights presently recognised by the Constitution of India. These rights deal with protecting the rights of a citizen in situations where there is a violation of fundamental rights. These rights are covered under Articles 32-35.

Under these rights, a citizen can directly approach Supreme Court in case there is any violation of the fundamental rights approved by the Indian Constitution. Also, it states that the government cannot curb or infringe upon anyone’s rights.

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Conclusion

That was all about the Fundamental Rights, we hope that it will prove beneficial for the candidates appearing for the JKPSC KAS exam. For more such articles, exam updates and mock tests, stay connected to Oliveboard.