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The Fundamental Rights have been classified under the six categories-Right to Freedom, Right to Equality, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational rights and Right to constitutional remedies. These Fundamental Rights are envisaged in Part III (Articles 12 to 35) of the Indian Constitution.
The Right to Equality contains equality before the law, the prevention of discrimination on grounds of religion, race, caste, gender or place of birth, equality of opportunity in matters of employment, the obliteration of untouchability, and the abolition of titles.
The right to freedom contains freedom of speech and expression, assembly, connotation or union or cooperatives, movement, residence, and right to practice any profession or occupation.
The right against exploitation forbids all forms of forced labour, child labour and trafficking of human beings. Children under the age of 14 are not allowed to work.
The right to freedom of religion includes freedom of integrity and free profession, practise, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes.
The Cultural and Educational Rights reserves the right of any section of citizens to conserve their culture, language or script, and the right of minorities to establish and manage educational institutions of their choice. The right to constitutional remedies is present for the execution of fundamental rights.
Fundamental rights are basic human rights yet are controlled by the Constitution in India. The Constitution additionally accommodates authorization of these legal values. They have to authorize a citizen to defend, regard and satisfy the standard of law. They maintain the correspondence by everything being equal, the respect of the individual and the country’s unity as well. It can be very clear from the below points:
1. Rule of Law
These rights are insurance for the residents against the Govt and are vital for having the standard of law and not of a government or a person. Since explicitly given by the constitution to the people, these rights are not to be violated by the authority. The government is completely responsible for the courts and is completely required to maintain these rights.
2. First fruits of the freedom struggle
After being independent for so long, the people of our country had forgotten what is implied by freedom. These rights give individuals trust and furthermore, a conviction that there is no stop to their development. They are liberated from the impulses of the rulers. In that sense, they are the first natural products of the long opportunity to battle and bring a feeling of fulfilment and satisfaction.
3. Quantification of Freedom
All Indian citizens are free to pray and practise the religion of their choice, but that is not so in the Gulf nations. Our right to speech and expression lets us freely criticize our government, but this is not possible in a country like China.
LEGAL PRINCIPLE: I. Any law made by the Parliament that infringes the fundamental rights of the citizens is invalid and unenforceable. II. Freedom to carry on trade or profession of one's own choice is a fundamental right. III. The Parliament is competent to impose reasonable restrictions on the exercise of this right. IV. If the restrictions, on fundamental rights imposed by the Parliament, totally removes or nullifies any fund a mental right then it will be construed as an unreasonable restriction. FACTUAL SITUATION: In order to ensure that people live in an amicable atmosphere the Government of India decided to abolish courts and constituted Dispute Settlement Boards. Further to achieve this objective, the law stipulated that lawyers should not be allowed to espouse the claims of parties, and instead their claims be espoused by social workers.
The law made by the Parliament is valid as it does not infringe any fundamental right.
The law made by the Parliament is valid as even though there is restriction of fundamental right, such a restriction is reasonable.
The law made by the Parliament is invalid as it constitutes an infringement of fundamental rights and the restriction imposed is not reasonable.
None of the above answer is correct
By: Parvesh Mehta ProfileResourcesReport error
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