Fundamental Rights arebased on bill of rights of U.S Constitution. These right are called 'Fundamental Rights' because they are regarded as very important for an individual to attain his fullest physical, Intectual and spritual grwth to esteblish a true democracy. Part III of the Constitution contains the list of Fundamental Rights.
The most important difference between the government of India Act 1935 and the present Constitution is the presence of the Fundamental Rights in the Present Contitution. This chapter of the constitution is described as the Magma Carta of India.
Right to equality
Every one will be equal in front of law. No citizen shall on grounds of religion, race, caste, sex, place of birth cannot be ristricted to enter shop, public resturant, hotals etc. No one can be stoped from using wells , tanks, roads etc on the name of caste, sex and religion. Every one should have equal opportunity in public employment.
Nothing in this article shall prevent the state from making any special provision for women, children, Scheduled castes and Scheduled tribes person.
Rights to Freedom
It contains protection of certain rights regarding freedom of speec. Provides protection in respect of conviction for offences. Protection of life and personal liberty is provided in it.
Rights Against Exploitation
It prohibits the illigal traffic of human beings and forced labour. Child labour is also prohibited according to this right.
Rights to Freedom of Religion
Everyone is free to follow any religion in our country. Everyone is free to manage their religious affairs
Cultural and Educational Rights
These provides protection of interests of minorities, these also empowers minorities to establish and administrator eductional institutes.
Right to Constitutional Remedies
Remedies for enforcement of rights conferred by this part. Legislation to give effect to the provisions of this part.
Writs Under Right to Constitutional Remedies
Article 32, Dr. B.R. Ambedkar called this Article as "The fundamental of the Fundamental Right" and "the heart and soul of the Constitution". To enforce the Fundamental Rights, the Supreme Court is empowered, under Art 32, to issue writs of various forms. The concept of issuing writs is taken from the Uk. The five forms of writs are as follows:
- Habeas Corpus: It means to have a body, means to be produced before court. This kind of writ is issued to protect peronal freedom of an individual against the inhuman and unlawfull action of state and private individuals. It is generally used for the protection of prisioners. Generally compensation is ordered to be paid in case Habeas Corpus is proved.
- Mandamus: It means command. This writ issues command directed to the inferior court, tribunal, board, coopration or any administrative authority or a person if he missuses its power against any individual
- Prohibition: This writ is issued by the higher courts to lower courts when thy go beyond theri judicial authority.
- Certiorari: It is similar to Prohibitin. This writ is to secure that the juridicion of an inferior court is properly exercised.
- Quo Warranto: It means "what is your authority". This kind of writ is issued to ensure that the person holding a public office is qualifies to hold the office.