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Article: "Fundamental Rights: Your Undeniable Rights" by Arnab Pal

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Fundamental Rights: Your Undeniable Rights

- by Arnab Pal *

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Page - 2

Originally, the right to property was also included in the Fundamental Rights; however, the Forty-fourth Amendment, passed in 1978, revised the status of property rights by stating "No person shall be deprived of his property save by authority of law." Freedom of speech and expression, generally interpreted to include freedom of the press, can be limited "in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence".

The provision of Part III of our Constitution, which enumerates the Fundamental Rights, are more elaborate than those of any other existing written Constitutions of the World and cover a wide range of topics and is the most important part of the Constitution. It contains 29 Articles and embodies the Fundamental Rights and is classified under seven groups as follows: -

  1. Right to Equality (Articles 14 to 18)

  2. Right to Particular freedoms (Art.19-22)

  3. Right against Exploitation (Art. 23-24)

  4. Right to freedom of religion (Art.25-28)

  5. Cultural and educational rights (Art.29-31)

  6. Right to Constitutional remedies (Art.32 to 35)

  7. Right to property - has been eliminated by the 44th amendment Act, thus only six freedom now remain, in Article 19 (1)

(*) - Articles 17, 18, 24, 27, 29, 30, 31 &35 have not been discussed, as they are technical in nature and require slightly more profound understanding.

Right to Equality

14. Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

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* Contributed by: -
Arnab Pal,
Xavier Institute of Management,
Bhubaneswar.



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