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CLASSIFICATION OF FUNDAMENTAL RIGHTS

The Fundamental Rights contained in the Constitution have been classified in the following six categories:

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

The Right to Property was included in the original Constitution's list of Fundamental Rights. The 44th Amendment, however, removed it off the list of Fundamental Rights in 1978.

1. Right to Equality:

Article 14:

It guarantees everyone, including citizens and foreigners (excluding enemies and aliens), the right to equality before the law and equal protection under the law.

Equality Before Law: It indicates that all people are equal in the eyes of the law, regardless of their social status or rank. It also implies that everyone is bound by the common law of the land.

Rule of Law: It signifies that the legal spirit should take precedence in the administration of the country, and that law should not be subjugated to the government, but rather the government should be subjected to the law.

Equal Protection of the Law: It recognises that everyone should have an equal opportunity to develop their abilities. It does not imply that the law is applied consistently to all people in all situations. It refers to the same treatment of people in similar situations. The law should be applied equally and fairly among equals, the like should be handled similarly, and the different should not be treated similarly.

Article 15 (Prohibition of Discrimination):

  • 15(1): It prohibits the state from discriminating against its citizens on grounds only on religion, race, caste, sex and place of birth or area.
  • 15(2): It states that no citizen shall be discriminated against in having access to public places like restaurants, hotels, cinema halls, wells, public roads etc. only on grounds of religion, race, caste, sex and place of birth or area. Article 15 (2) is enforceable against individual as well as state.

While Article 15 (1) and 15 (2) speak the language of equality before law; Article 15 (3), 15 (4) and 15(5) speak the language of equal protection against law.

  • 15 (3): It confers the power on state to make special provisions for the benefit of women and children.
  • 15 (4): It was instituted in Constitution by first Constitution Amendment Act, 1951. It confers the power on state for making any special provisions for advancement of socially and educationally backward citizens including SCs and STs. State has extended reservation for backward classes in public education institutions and the private education institutions receiving aid out of state funds.
  • 15 (5): It was introduced into the Constitution by 93rd Constitution Amendment Act, 2005. It confers the power on state to provide by law for the advancement of any socially and educationally backward class citizen for admission to educational institution including private educational institution whether aided or unaided by states other than minority educational institution. Central Educational Institution (Reservation in Admission) Act, 2006 was passed under the ambit of 15 (5) to provide reservation of 27% of seats to Other Backward Classes (OBCs) in the central universities and institutions.

Article 16 (Equality of Opportunity in Public Employment):

  • 16 (1): It provides that there shall be equality of opportunity in the public employment for all citizens.
  • 16 (2): It prohibits the state from discriminating against its citizens on grounds only of religion, race, caste, sex, residence and place of birth or descent.
  • 16 (3): It confers the power on Parliament to provide by law prescribing residence as ground for qualification in certain categories of public employment.
  • 16(4): It confers the power on state to provide reservation of seats in favour of the backward classes who are socially and educationally backward in public employment or in the opinion of state, they are not adequately represented in public employment. 16 (4) is merely an enabling clause and does not confer a Fundamental Rights to reservation.

The Supreme Court ruled in Indira Sawhney vs Union of India that reservations of up to 27 percent of seats in government jobs for OBCs are constitutionally permissible if they meet the following criteria:

  • Backward class of citizens should be socially and educationally backward.
  • Backward classes are not adequately represented in public employment in the opinion of government.
  • Overall reservation in favour of backward classes should not exceed 50% in any circumstances.
  • A concept of creamy layer shall apply in case of OBC reservation.
  • The reservation policy overall should be consistent with the efficiency in the administration.

Article 17 (Abolition of Untouchability):

Article 17 outlaws the practise of 'untouchability' in any form. The imposition of any limitation resulting from untouchability is a criminal offence punished by law.

The Untouchability (Offenses) Act of 1955 was completely revised and renamed the Protection of Civil Rights Act of 1955 in 1976 to broaden the scope and strengthen the criminal measures. The statute defines a civil right as any right conferred on a person as a result of the Constitution's Article 17 repeal of untouchability.

In neither the Constitution nor the Act, the term "untouchability" is defined. The Mysore High Court, on the other hand, found that the subject of Article 17 is "practise as it has developed historically in the country," not "untouchability" in the literal or grammatical sense. It refers to the societal disadvantages that some groups of people face as a result of their birth into certain castes. As a result, it excludes a few persons from social boycotts or religious services, among other things.

Offenses committed on the basis of untouchability are punishable by imprisonment for up to six months or a fine of up to Rs.500, or both, under the Protection of Civil Rights Act (1955). A person convicted of the crime of 'untouchability' is ineligible to run for Parliament or a state legislature. The following acts are defined as offences under the act:

  • preventing any person from entering any place of public worship or from worshipping therein;
  • justifying untouchability on traditional, religious, philosophical or other grounds;
  • denying access to any shop, hotel or places of public entertainment;
  • insulting a person belonging to scheduled caste on the ground of untouchability;
  • refusing to admit persons in hospitals, educational institutions or hostels established for public benefit;
  • preaching untouchability directly or indirectly; and
  • refusing to sell goods or render services to any person.

The Supreme Court ruled that the right under Article 17 can be used against private individuals, and that it is the State's constitutional role to ensure that this right is not breached.

Article 18 (Abolition of Titles):

18 (1): It forbids the state from bestowing any title on any person (both citizens and non-citizens). Military and academic distinctions, on the other hand, are exempt.

In the 1996 case of Balaji Raghvan against Union of India, the Supreme Court declared that the equality premise does not preclude merit recognition. According to the court, the Padma Awards are in the nature of recognising academic distinctions and are not titles as defined by Article 18 of the Constitution (1).

18 (2): It makes it illegal for an Indian citizen to get any title from any other country's government. Some rewards, however, are recognised as academic honours and are not restricted.

18 (3): It forbids a foreigner serving in the Indian military from receiving any title without the President's authorization.

2. Right to Freedom:

Article 19:

  • 19(1) (a): It guarantees to all citizens the right to freedom of speech and expression. According to Supreme Court, it is not a single but a composite right and has following features:
  • A citizen has the right to freely and openly express his or her views and opinions under this right. The citizen can communicate his or her thoughts and opinions by any medium, such as word of mouth, writing, printing, symbols, signatures, banners, painting, and so on.
  • The Supreme Court ruled in Jindal versus Union of India that a citizen's unfurling of the national flag at the top of private structures constituted a kind of freedom of speech and expression.
  • It facilitates the truth through free debate. In liberal democracies, free expression becomes even more important as a means of self-fulfillment and development. In reality, free speech can serve as a stimulant for expressing one's beliefs and political views.
  • 19(1) (b): It also refers to the right to obtain information. The right to know has been declared a fundamental right. The Supreme Court has expanded its scope by including the right to know information about candidates in elections.

It guarantees the right to political dissent, or the ability to form one's own political viewpoint.

  • 19(1) (c): It bestows on all citizens the Fundamental Right to Form Association. Political, social, cultural, and literal associations, for example, are all possible. However, in light of this, the Supreme Court has ruled that while the freedom to organise trade unions is a fundamental right, the right to strike is merely a statutory or legal right.
  • In the case of CPV versus Bharat Kumar and Others, the Supreme Court ruled that bandhs are unlawful since they involve coercion and threaten to shut down society.
  • On the basis of public order, morality, sovereignty, and integrity of India, freedom of assembly and association may be restricted.
  • 19(1) (d): It ensures that all citizens have the right to move freely around the country. The term 'throughout' refers to the fact that no area of India may be deemed inaccessible to citizens. The term 'freely' refers to citizens' ability to move whenever, wherever, and however they want.

In the interest of the general public or the protection of the interests of any scheduled tribe, the freedom to move and reside throughout the country can be limited.

  • 19(1) (e): It grants all Indian nationals the right to stay and establish anywhere in the country. The term "right of residence" refers to a short period, whereas "right of settlement" refers to a long-term commitment.
  • 19(1) (f): It guaranteed all citizens the right to property as a fundamental right. The 44th Constitutional Amendment Act of 1978 removed 19 (1) (f) from the list of Fundamental Rights and made the right to property a constitutional right under Article 300-A, because it was seen as one that stood in the way of the state enacting social legislation and preventing the concentration of wealth in fewer hands.
  • 19(1) (g): It is concerned with citizens' right to vocation. Citizens are free to pursue any profession, occupation, trade, or business they desire.

Similarly, the freedom to practise any profession or carry on any occupation, trade, or business does not preclude the state from enacting laws governing the professional or technical qualifications required for carrying on any occupation, trade, or business, or from completely or partially barring any citizen from participating in any trade, business, industry, or service carried on by the state or a corporation owned or controlled by the state.

The right to freedom, like the right to equality, is not absolute, and as a result, justifiable limitations on its enjoyment have been placed. Thus, in the interests of India's sovereignty and integrity, state security, cordial relations with foreign governments, public order, decency or morality, or in regard to contempt of court, defamation, or incitement to an offence, the right to freedom of speech and expression might be limited.

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