2.1 FUNDAMENTAL RIGHTS
(ARTICLE 12 TO 35, PART III OF CONSTITUTION)
The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. In this regard, the framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights)
Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of 'justiciable' Fundamental Rights.
In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA.
The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land. They are 'fundamental' also in the sense that they are most essential for the all-round development (material, intellectual, moral and spiritual) of the individuals.
The Fundamental rights are different from other justiciable rights contained in the Constitution (in parts other than Part III), as for example, the right not to be subjected to taxation without authority of law (Part XII) or freedom of trade, commerce and intercourse throughout the country (Part XIII). In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right under Part III. But, in case of violation of other justiciable rights, the aggrieved person cannot avail this constitutional remedy. He can move the high court by an ordinary suit or under Article 226 (writ jurisdiction of high court).
Originally, the Constitution provided for seven Fundamental Rights viz,
1. Right to equality (Articles 14-18)
2. Right to freedom (Articles 19-22)
3. Right against exploitation (Articles 23-24)
4. Right to freedom of religion (Articles 25-28)
5. Cultural and educational rights (Articles 29-30)
6. Right to property (Article 31) ( taken away in 1978 ) .
7. Right to constitutional remedies (Article 32)
Fundamental Right at a Glance
Right of Education :- Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education.
This provision was added by the 86th Constitutional Amendment Act of 2002.
This amendment is a major milestone in the country's aim to achieve 'Education for All'.
Even before this amendment, the Constitution contained a provision for free and compulsory education for children under Article 45 in Part IV. However, being a directive principle, it was not enforceable by the courts. Now, there is scope for judicial intervention in this regard.
This amendment changed the subject matter of Article 45 in directive principles. It now reads – 'The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.'
It also added a new fundamental duty under Article 51A that reads – 'It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years'.
The Preventive Detention Act. 1950 was passed by the Indian Parliament, which constituted the law of preventive detention in India. It was a temporary Act, originally passed for one year only. Several times since then the term of the Act was extended until it expired at the end of 1969. Parliament enacted a new Act, named the Maintenance of Internal Security Act (MISA) in 1971, having provisions broadly similar to those of the Preventive Detention Act of 1950. In 1974, Parliament passed the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), as an economic adjunct of the MISA.
MISA was repealed in 1978, but COFEPOSA still remains.
