Fundamental Rights

Six Fundamental Rights have been provided by the Constitution:

1.       Right to equality

2.       Right to liberty

3.       Right against exploitation

4.       Right to freedom of religion

5.       Cultural and educational rights

6.       Right to constitutional remedy

Article 14 of the constitution provides that the State shall not deny any person equality before the law or equal protection of the laws within the territory of Iida.

Exceptions to the provision of equality before law, allowed by the Indian Constitution are:

The president or the Governor of a State is not answerable to any Court for the exercise and performance of the powers and duties of his office.   No criminal proceeding can be instituted or continued against the President of a Governor in any Court during his term of office.  No Civil proceeding in which relief is claimed against the President or the Governor of a State can be instituted during his term of office in any Court in respect of any act done by him in his personal capacity, without a prior notice of two months. The above immunities do not bar impeachment proceeding against the President and Suits or other appropriate proceeding against the Government of India or the government of a State.  Exceptions acknowledged by the comity of nations in every civilized country, in favour of foreign Sovereigns and ambassadors. The guarantee of ‘equal protection is a guarantee of equal treatment of persons in ‘equal circumstances ‘, permitting differentiation in different circumstances.

Article 15 of the Constitution states that: The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

·         No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them be subjected to any disability, liability restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public.

·         Nothing in this article shall prevent the State from making any special provisions for women, children or nay socially and educationally backward classes.

Article 16 guarantees equality of opportunity in matters of public employment. It says that:

·         There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. ‘

·         No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth or nay of them, be ineligible for any employment under the State.