Fundamental Right
Fundamental Right
Political Right
I) Right to vote
II) Right to contest election
III) Right to public office
IV) Right to petition
V) Right to criticize the Government
Fundamental Rights: It is the guaranteed items of civil and political rights. At present number of fundamental
rights are 6, initially which was 7.
Article – 13: Consistency of law The state shall not make any law which conferred by this part or any law
made in contravention of this clause shall to the extent of the contravention can be declared as void.
Rank of Bharat Ratna awardee – 9th place in the constitution below the rank of cabinet minister.
Restriction – Art 33 – the parliament has a right to modify the rights conferred by this part III in their application to
member of the armed forces or other forces engaged with the maintenance of public order.
Art 19/1/(d) – Freedom of movement.
According to Art 33 Parliament imposed restriction for army on their free speech, to form association, to
be a member of trade union, to attend public meeting.
Article – 24: Prohibition of employment of children in factory or any other hazardous place.
The ILO, 1937 adopted a convention fixing the minimum age where children were to be employed in certain
occupation. The employment of children Act 1938, was passed in India.
No child labour can be engaged in other place during school hours because education (6 to 14 years)
compulsory.
Article – 25: Freedom of conscience and free profession, practice and propagation of religion.
Article – 27: Freedom as to payment of taxes for promotion of any particular religion.
Article – 28: Freedom as to attendance at religious instruction or religious worship in certain educational
institutions. (Wholly maintained out of state fund)
Article – 31B: Land acquired by state govt. is not illegal, declared by Supreme Court or High Court (National
interest)
Article – 33: Power of parliament to modify the rights conferred by this part in their application to forces.
Restriction on fundamental rights of members of armed forces, intelligence forces, law and order (police etc)
and national security related forces etc.
Article – 34: Restriction of fundamental rights of citizens while Martial Law is in force in any area.
Forms of Writs
Habeas Corpus
It is a Latin term which literally means ‘to have the body’. It is an order issued by the court to a person who
has detained another person, to produce the body of the latter before it. The court then examines the cause
and legality of detention. It would set the detained person free, if the detention found to be illegal. Thus, this
writ is a bulwark of individual liberty against arbitrary detention. This can be issued against both public
authorities and private individuals.
Prohibition
Literally, it is issued by a higher court (SC or HC) to a lower court or tribunal to prevent the latter from
exceeding its jurisdiction or usurping a jurisdiction that It does not possess.
It cannot be issued in cases of ministerial office or private office.
Unlike Mandamus that directs activity, the prohibition directs inactivity.
The writ of prohibition can be issued only against judicial quasi-judicial authorities. It is not available
against administrative authorities, legislative bodies, and private individuals and bodies.
Certiorari
In the literal sense, it means, ‘to be certified’. It is issued by a higher court to a lower court or tribunal
either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is
issued in the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition,
which is only preventive, Certiorari is both preventive as well as curative.
Quo-Warranto
In the literal sense, it means “by what authority or warrant”.
It is issued to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal
usurpation of public office by a person.
Unlike other four writs, this can be sought by any person and not only the aggrieved person.