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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: All minorities, whether based on religion or language shall have the rights to establish and administer educational institution of their choice FACTUAL SITUATION: Md Yusuf wants to establish an educational institution to help the poor persons of his community and to educate the children of the community. Yusuf being a very rich man has no problem regarding finance for institution. Therefore he applies to state government to grant him permission to establish and administer the institution. State government rejects his plea on ground that said institution will create communal tension in the proposed area. Yusuf has following remedies.
He should file a civil suit in District Court.
He should file a special leave petition before Supreme Court.
He has no remedy under the law.
He could file a Writ petition either before the High Court or the Supreme Court.
By: Parvesh Mehta ProfileResourcesReport error
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