SRM INSTITUTE OF SCIENCE AND TECHNOLOGY

DELHI-NCR CAMPUS, MODINAGAR, GHAZIABAD

MINI PROJECT
On

FUNDAMENTAL RIGHTS

Submitted By:
SL.
Registration Number Student’s Name Department
No.

1 RA2311026030011 Himanshu Kumawat CSE (AI & ML)

2 RA2311026030012 Harshit Tyagi CSE (AI & ML)

3 RA2311026030013 Deepanshu Gupta CSE (AI & ML)

4 RA2311026030014 Ananya Sriramsankar CSE (AI & ML)

5 RA2311026030015 Krish Sharma CSE (AI & ML)

Subject Incharge

Ms. Khyati Pal

Introduction
The fundamental rights of all the citizens of India are given in the
Constitution of India. These fundamental rights are mentioned in part
three of the Constitution of India. The Constitution of India not only
provides fundamental rights to its citizens but also mentions the
limitations of those rights.
The six Fundamental Rights given in the Constitution of India are
listed below:

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Right to Constitutional Remedies
6. Cultural and Educational Rights

The Fundamental Rights is defined as the basic human rights of all

citizens. These rights, defined in Part III of the Constitution, apply
irrespective of race, place of birth, religion, caste, creed or gender.
They are enforceable by the courts, subject to specific restrictions.
The Directive Principles of State Policy are guidelines for the framing
of laws by the government. These provisions, set out in Part IV of the
Constitution, are not enforceable by the courts, but the principles on
which they are based are fundamental guidelines for governance that
the State is expected to apply in framing and passing laws. The
Fundamental Duties are defined as the moral obligations of all
citizens to help promote a spirit of patriotism and to uphold the unity
of India. These duties, set out in Part IV–A of the Constitution. Like
the Directive Principles, they are not legally enforceable.
Articles of the Constitution of India Covering Various Fundamental
Rights

 Articles 14-18 cover the Right to Equality

 Articles 19-22 cover the Right to Freedom
 Articles 23-24 cover the Right against Exploitation
 Articles 25-28 cover the Right to Freedom of Religion
 Articles 29-30 cover Cultural and Educational Rights
 Article 32 covers the Right to Constitutional Remedies.

RIGHT TO EQUALITY
As per the Constitution of India, the Right to Equality provides the
following to the citizens of India:

 Abolition of untouchability
 Equal opportunities when it comes to public employment.

 Every citizen will be equal in front of the law. Every citizen of

India will get equal protection of laws.
 All the citizens will have equal access to bathing ghats, hotels,
shops, roads, wells, etc.
 Discrimination of citizens is completely prohibited on the
grounds of place of birth, sex, caste, race, religion, etc.
One of the biggest examples of inequality was untouchability, which
was practised in India. The Constitution of India has completely
abolished it thereby bringing equality among all citizens. No person
will be given any kind of title, except for people who have excelled in
the fields of military and academics.
The preamble of the Indian Constitution says that every citizen will
have equality in opportunity and status.
Equality before the law (Article 14)
Article 14 of Indian Constitution treats all people the same in the eyes
of the law. Article 14 is described in two parts – which states and
commands the State not to deny to any person ‘equality before the
law’. Another part of it also commands the State not to deny the
‘equal protection of the laws.

 This provision states that all citizens will be treated equally

before the law and avoids any kind of discrimination.
 The law of the country protects everybody equally.
 Under the same circumstances, the law will treat people in the
same manner.

Prohibition of discrimination (Article 15)

This article prohibits discrimination in any manner. This article
secures the citizens from every sort of discrimination by the State, on
the grounds of religion, race, caste, sex or place of birth or of them.

 No citizen shall, on grounds only of race, religion, caste, place

of birth, sex or any of them, be subject to any liability,
disability, restriction or condition with respect to:

 Access to public places

 Use of tanks, wells, ghats, etc. that are maintained by the

State or that are meant for the general public

 The article also mentions that special provisions can be made for
women, children and the backward classes notwithstanding this
article.

Equality of opportunity in matters of public employment (Article 16)

Article 16 provides equal employment opportunities in State service
for all citizens.
  No citizen shall be discriminated against in matters of public
employment or appointment on the grounds of race, religion,
caste, sex, place of birth, descent or residence.
 Exceptions to this can be made for providing special provisions
for the backward classes.

Abolition of untouchability (Article 17)

Article 17 prohibits the practice of untouchability.

 Untouchability is abolished in all forms.

 Any disability arising out of untouchability is made an offence.

Abolition of titles (Article 18)

Article 18 abolishes titles.

 The State shall not confer any titles except those which are
academic or military titles.
 The article also prohibits citizens of India from accepting any
titles from a foreign State.
 The article abolishes the titles that were awarded by the British
Empire such as Rai Bahadur, Khan Bahadur, etc.
 Awards like Padma Shri, Padma Bhushan, Padma Vibhushan,
Bharat Ratna and military honours like Ashok Chakra, Param
Vir Chakra do not belong to this category.

RIGHT TO FREEDOM
As per the fundamental rights of India mentioned in the Constitution
of India, the Right to Freedom provides the following rights:

 Right to life and liberty.

 Right to live and settle in any part of India.
 Right to form unions or associations.
 Right to carry out trade or business, right to work in any
occupation, and right to work in any profession.
  Right to assemble peacefully.
 Right to freedom of speech and expression.

The Right to Freedom and the Right to Equality are the two most
essential rights in a democracy. When the Constitution of India
mentions liberty, it means freedom of action, expression, and
thoughts.
However, it must be noted that such freedom comes with its
limitations.

Article 19:

It deals with protecting the rights to freedom for Assembly,

Profession, Movement, Speech and expression, Association, and
Residence.

Article 20:

Article 20 of Indian Constitution guarantees the protection of

conviction in some instances to Indian citizens, including double
jeopardy, ex-post facto law, and self-incrimination. These are
explained as:

 Protection against double jeopardy: As per Article 20 of the

Indian Constitution, the person enjoys the right to freedom
concerning conviction for offences, but he cannot convict of the
same offence more than once.
 Retrospective criminal legislation/ Prohibition of ex-post facto
law: If a person commits an act that was declared a crime/
offence later. This means that the legislation for criminal acts
cannot be applied retrospectively. However, this protection is
not applied to all crimes. Also, per this article, the criminal
cannot be punished harder than the said law for the committed
offence.
 Protection against self-incrimination: As per this Article, the
Indian Constitution gives the right to the accused person he must
not be compelled to bear a witness against himself.

Article 21:
According to Article 21 of the Indian Constitution, no person shall be
deprived of his life or personal liberty except according to
the procedure established by law. According to this fundamental right,
no person, whether Indian or foreigner, should be deprived of his life
or personal liberty.

Article 22:

It protects against arrest, detention, and post-arrest procedures (only

in some instances). This Article provides the right to counsel the
accused.

 As per Article 22 (1), the accused has the right to be informed of

the grounds for arrest.
 As per Article 22 (2), one has the right to go to the nearest
magistrate within 24 hours of arrest.
 Lastly, Article 22 (3) states that an individual cannot be kept in
custody for the period determined by the judicial magistrate.

RIGHT AGAINST EXPLOITATION

As per the fundamental rights of India mentioned in the Constitution

of India, the Right against Exploitation provides the following rights
to the citizens of India:

 Children are prohibited from employment in hazardous jobs.

 Forced labour is prohibited.
 Trafficking of human beings is prohibited by the Constitution of
India.

Article 23 – Prohibition of traffic in human beings and forced labour

Article 23(1): Traffic in human beings and the beggar and other
similar forms of forced labour are prohibited and any contravention of
this provision shall be an offence punishable in accordance with the
law.
Article 23(2): Nothing in this article shall prevent the State from
imposing compulsory service for public purposes, and in imposing
such service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.

Article 24 – Prohibition of employment of children in factories, etc.

Article 24 says that “No child below the age of fourteen years shall be
employed to work in any factory or mine or engaged in any other
hazardous employment.”

 This Article forbids the employment of children below the age

of 14 in any hazardous industry or factories or mines, without
exception.
 However, the employment of children in non-hazardous work is
allowed.

RIGHT TO FREEDOM OF RELIGION

As per the Constitution of India, the Right to Freedom of Religion
provides the following rights:

 Citizens of India will have the freedom to attend religious

instruction or worship in certain educational institutions.
 People have the freedom to pay taxes for the promotion of any
religion of their choice.
 Citizens are given the right to manage the religious affairs
 Freedom of conscience and free profession, practice and
propagation of a particular religion.

Article 25

 Freedom of conscience and free profession, practice, and

propagation of religion
 It guarantees the freedom of conscience, the freedom to profess,
practice, and propagate religion to all citizens.

Article 26 (Freedom to manage religious affairs)

This Article provides that every religious denomination has the
following rights, subject to morality, health, and public order.
 1. The right to form and maintain institutions for religious and
charitable intents.
2. The right to manage its own affairs in the matter of religion.
3. The right to acquire the immovable and movable property.
4. The right to administer such property according to the law.

Article 27 (Freedom as to payment of taxes for promotion of any

particular religion)
According to Article 27 of the Constitution, there can be no taxes, the
proceeds of which are directly used for the promotion and/or
maintenance of any particular religion/religious denomination.

Article 28 (Freedom as to attendance at religious instruction or

religious worship in certain educational institutions)
 This article permits educational institutions that are maintained
by religious groups to disseminate religious instruction.

 This provides that no religious instruction shall be provided in

State-run educational institutions.

RIGHT TO CULTURAL AND EDUCATIONAL RIGHTS

As per the fundamental rights of India mentioned in the Constitution
of India, the Cultural and Educational Rights provide the following
rights to the citizens of India:

 Minorities have the right to establish educational institutions.

 The culture and language of the minorities will be protected.

Article 29 – Protection of Interests of Minorities

This article is intended to protect the interests of minority groups.
Article 29(1): This provides any section of the citizens residing in
India having a distinct culture, language, or script, the right to
conserve their culture, language and script.
Article 29(2): The State shall not deny admission into educational
institutes maintained by it or those that receive aid from it to any
person based only on race, religion, caste, language, or any of them.

Article 30 – Right of Minorities to Establish and Administer

Educational Institutions
This right is given to minorities to form and govern their own
educational institutions. Article 30 is also called the “Charter of
Education Rights”.
Article 30(1): All religious and linguistic minorities have the right to
establish and administer educational institutions of their choice. (Read
about Minority Protection in India in the linked article.)
Article 30(2): The State shall not, when granting aid to educational
institutions, discriminate against any educational institution on the
ground that it is under the management of a minority, whether based
on religion or language.

RIGHT TO CONSTITUTIONAL REMEDIES

As per the fundamentals rights of India mentioned in the Constitution
of India, the
Right to Constitutional Remedies provides the following rights to the
citizens of India:

 Citizens have the right to ask the courts to enforce their

fundamental rights by requesting the courts to issue writs,
orders, and directions to the Government.
Article 32 of the Constitution (Right to Constitutional Remedies):

It is a fundamental right, which states that individuals have the right

to approach the Supreme Court (SC) seeking enforcement of other
fundamental rights recognised by the Constitution.

Right to Property

It was removed from the list of Fundamental Rights. Since this Right
created a lot of problems in the way of attaining the goal of socialism
and equitable distribution of wealth, it was removed from the list of
Fundamental Rights in 1978 by the 44th constitutional amendment.
However, its deletion does not mean that we do not have the right to
acquire, hold and dispose of the property. Citizens are still free to
enjoy this right. But now it is just a legal right and not a Fundamental
Right.