Fundamental rights and Education related articles in Indian constitution.

DR. GOUTAM PATRA
ASSISTANT PROFESSOR , STAGE- II, WBES
GOVT COLLEGE OF EDUCATION, BANIPUR

Fundamental Rights are incorporated from Aricle 12 to 35 in
the Third Chapter of the Indian Constitution Rights are the
basic facilities which we need for our growth.These are the
claims of individual recognised by the society and enforced by
the State.The existence of Democracy can’t be imagined
without Fundamental Rights in India because Rights are the
pillars of Democracy

Why do we call these Rights
Fundamental?
 These Rights are incorporated in the
third Chapter of the Constitution of
India.
 They afford a basis for the
development of an Individual.
 The people and officials of India are
ought to enjoy these rights.

Nature of Rights
Fundamental rights are equal for all.
Rights are justiciable – Article 32
Fundamental rights are not absolute.
They limit the authority of the central and state
governments.
Fundamental rights distinguish between citizens and
foreign nationals.
They can be suspended during emergency.
Parliament can amend Fundamental rights.

Right to Equality, Article-14
to 18
Equality before law Article-14 provides that «the
state shall not deny to any person equality before
law or the equal protection of law within the territory
of India ».
Prohibilition of Descrimination, Article-15
Equality of opportunity Article-16
Abolition of untouchability Article-17
Abolition of titles Article-18

Right to Freedom
Article 19 to 22

Right to Freedom
 Freedom of speech and expression Article-19
 Freedom of Press – Article-361 A has been inserted according to which the press has been
given the power to publish an account of the proceedings of the Indian Parliament and states
legislatures.
 Right to information is linked to the freedom of speech and expression granted in Article 19 in
the constitution.
 Freedom to assemble peacefully without Arms.
 Freedom to form associations and unions.
 Freedom to move freely throughout the territory of India.
 Freedom to reside and settle in any part of the territory of India.
 Freedom to practise any profession or to carry on any occupation,trade or business.
 Protection in respect of conviction of an offence Article-20
 Protection of life and personal liberty Article-21
 Right to education Article-21 A
 Protection against arrest and detention against certain cases Article-22

Right against
Exploitation
Article 23-24

Right against
exploitation,Article-23-24
Prohibition of traffic in human beings and forced
labour Article23: This article prohibits the traffic in
human beings and forced labour.
 Prohibition of compulsary services Article-23 : under
this article the state can force people to do
compulsory service for public purposes.
Prohibition of Child Labour Article-24: Children below
the age of forteen years will not be allowed to work
in factories, mines or in other dangerous places so
that their health is not adversely affected.

Right to Religious
Freedom
Article 25 to 28

Right to religious freedom, Article-
25 to 28
Freedom to profess and propagate any
religion,Article-25
Freedom to manage religious affairs, Artcle-26
Freedom not to pay taxes for the promotion of any
particular religion,Article-27
No religious instructions in government educational
institutions,Artcle-28(1)
In private educational institutions religious education
not against the will,Article-28(3)

Cultural and
educational rights
Article 29 to 30

Cultural and educational
rights,Article 29 to 30
Protection against interest of minorities,Article-29(1)
Freedom to get admission in educational
institutions,Article-29(2)
Right to minorities to establish educational
institutions,Article-30(1)
No discrimination while giving grants-Article-30(2)

Right to
Constitutional
Remedies.
Article-32

Right to constitutional
remedies,Article-32
 Article-31(1), provides that a citizen can approach the
supreme court of India by due process of law for the
implementation of the Fundamental Rights included in Chapter
3 of the constitution.
 Article-32(2), the Supreme court of India has the right to issue
writs in the nature of the Habeas
Corpus,Mandamus,Prohibition,etc.
 Article-32(3), The Indian Parliament can empower any court to
issue notice within its jurisdiction without infringing or
influencing the powers of the Supreme Court of India.
 Article-32(4), the state cannot suspend the right to
constitutional remedies except in cases provided in the Indian
Constitution.

Critical Evaluation
of Fundamental
Rights
Public Opinion

Critical evaluation of
fundamental rights
No rights outside the constitution
Too many limitations
Preventive Detention and Fundamental rights
Rights can be suspended during emergency
Absence of Economic rights
Vague and complex language
Supremacy of Parliament over Fundamental Rights
Special concessions for minorities and backward
classes are against the Principle of Equality.

Importance of Human Rights
Foundation of democracy
Check on the arbitrariness of the Government
Create proper conditions for the development of Men
Foundation of Rule of law
Establishment of Secular state
Protection of the interests of the minorities
Reconciliation between individual interests and
social interests.

19
6.What Is The constitution of India?
8. Fundamental Duties (Part IV Article 51A )- These Fundamental rights have been
provided at the cost of some fundamental duties. These are considered as the duties
that must be and should be performed by every citizen of India. These fundamental
duties are defined as:
It shall be the duty of every citizens of India: -
a. To abide by the Constitution.
b. To uphold & protect the sovereignty, unity and integrity of India.
c. To Cherish & follow the noble ideas which inspired our national struggle for freedom
d. To defend the country & render national service when called upon to do so.
e. To promote harmony & the spirit of common brotherhood.
f. To value & preserve the rich heritage of our composite culture.
g. To protect & improve the national environment.
h. To develop the scientific temper, humanism and the spirit of inquiry and reform.
i. To safeguard public property & to abjure violence.
j. To strive towards excellence in all spheres of individual & collective activity, so that the nations
constantly rises to higher levels of endeavor & achievement.

Union List and Educational Articles
Article-62: National Library, Indian Museum
Imperial War Museum and Victoria Memorial will
run on central grant and will be considered as
National Property
Article-63: Benaras Hindu University,Aligarh
University, Delhi University and other Inst. Under
Parliamentary Act are considered as National
Institute.
 Article- 64: All Science and Technological
Institutes recognised by the Parliament are
considered as National Institutes.
20

Union ListUnion Agencies are the following Institutes:
Article-65:the Training Institutes of Military and
Paramilitary Forces and Technical Inst. of Crime
Control Board,
Article-66: Research Institute of Science and
Technology of Higher Education
Article-67:Ancient Monument and Archaeological
Sites
21

STATE LIST
Article -11: All Educational Institutes excluding in the
list of Aticles- 63, 64,. 65, 66 will run by the Aids of
State Governments
Article-12: Library, Museum, Historical Sites ,
Monuments excluding in the Article 62 and 67 will be
maintained by the State
22

Concurrent List
Article-23: Economic and Social Planning
Article-25: Vocational and Technical Institutes,
Article-26: Law, Mechanical and other profession related
Article-27: Govt. Aids and Aiding agencies
Article-39: News paper, Books, journals and Printing
Industry
Article: 4o : Archaeological cites except the cites declared by
the Parliament as National Property
23

The Centre- State Relation
 From Article 245 to 300 in the part XI and XII are
related to Centre –State Relationship
The Parliament has the power to legislate any part of
the territory of India
Parliament has the power of extra territorial
legislation that means Union Parliament will govern
any person property and Indian subjects anywhere in
the world
Predominance of Union Law in the Jurisdiction of
State in case of repungency

Expansion of the Legislative
Power of the Union
For the sake of National Interest
Under the Proclamation of National or Financial
Emergency
On agreement between states or on consent of State
Legislature
To Implement Treaties
Under a Proclamation of Failure of Constitutional
Machinery in the States ,The President as Executive
Head(Article 356-A)
During Emergency , State Govt. under complete control
of the Union(Article 353-A)
Financial Emergency-(Article 360-3/4)

Reforming The relation
The Stalvad Study Team: recommended an Inter-
State Council to rationalize the relationship
The Administrative Reforms Commission:
Formation of Inter-State Council taking
representatives from 5 Zonal Councils
Rajamannar Committee: Recommended
abolition of Planning Commission, Deletion of
some articles empowering Centre ,Equal
representation to Rajya sabha
Sarkaria Commission: Recommended Inter –
Govt. Council, Inter-State Council Minimal Use of
Art.356

Fundamental rights and Education related articles in Indian constitution.

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