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To Join Free Coaching for our Next Batch Click Click Here www.upscportal.com © 2013 UPSCPORTAL .COM Indian Polity & Governance Topic Fundamental Rights
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Indian Polity & Governance
Topic
Fundamental Rights
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�A right is a legal claim that a citizen or any other individual is granted by the constitution or any statute.
What is a Right ?
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a)Natural Rights: These are universal rights which is inherent in every individual being a part of human nature.
b)Human Rights: Human rights are similar to natural rights in the sense that they are universal and are intrinsic in human nature .
c) Civil Rights: These are the rights that citizens of a country enjoy and are conferred by the constitution or the law of the country.
d) Constitutional Rights: They are rights enshrined in the constitution.
e)Fundamental Rights: They are a branch of civil rights and given higher importance in India as they are defended by the Supreme Court directly.
Various Kinds of Rights:
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�It is a very important right enshrined in Articles 14, 15, 16, 17 and 18 of the Constitution. It is the principal foundation of all other rights and liberties and guarantees equality before law, social equality and equal access to public areas, equality in matters of public employment, abolition of untouchability and abolition of titles.
Right to Equality
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�It is given in Articles 19, 20, 21 and 22 of the Constitution of India, with a view of guaranteeing individual rights that were considered vital by the framers of the Constitution.
Right to Freedom
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The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely
➢Abolition of trafficking in human beings and➢Abolition of employment of children below the age of 14 years in
dangerous jobs like factories and mines
Right Against Exploitation
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�Right to freedom of religion, covered in Articles 25, 26, 27 and 28, provides religious freedom to all people in India. The objective of this right is to sustain the principle of secularism in India.
Right To Freedom of Religion
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➢They are given in Articles 29 and 30 of the constitution and are measures to protect the rights of the minorities- linguistic and religious.
Cultural and Educational Rights
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�Art.32 confers the right to move the Supreme Court directly in case of any denial of the fundamental rights.
Right to Constitutional Remedies
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Significance of Fundamental Rights� Fundamental Rights primarily protect individuals from any
arbitrary State actions, some rights are enforceable against private individuals. For instance, the Constitution abolishes untouchability and also prohibits begar.
� These provisions act as a check both on State action as well as the action of private individuals.
� However, these rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare.
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