Fundamental Rights: Part 3 FR is called Magna Carta of the Indian Const They are called Bill of Rights in USA

SA Fundamental Rights: 1. Right to Equality (Art 14 - 18) | 2. Right to Freedom (Art 19 - 22) | 3. Right against Exploitation (Art 23 -24) 4. Right to Freedom of Religion (Art 25 - 28) | 5. Cultural & Educational Rights (Art 29 - 30) | 6. Right to Property (Art 31) (Deleted) 7. Right to Constitutional Remedies (Art 32) Features of FRs: 1. Some are available to citizens while others are available to aliens also. 2. They are not absolute but qualified. i.e., the state can impose reasonable restrictions. (Reasonable or not is decided by the court) 3. They are justifiable in a court of law, hence persons can move court for their enforcement 4. Aggrieved persons can directly go to the SC and not via appeal against HCs 5. They are not permanent. The parliament can restrict them or invalidate them by an amendment (without affecting basic structure) 6. They can be suspended during an emergency except Art 20 & 21. The 6 rights in Art 19 can be suspended only when emergency is declared on grounds external emergency & not on internal emergency. 7. Their application to Armed forces can be limited by the parliament. 8. Their application can e restricted when Martial Law is in force (i.e., Military Rule) Art 12 Defn of State: Executive & legislatures of India & States, local authorities, other statutory & non statutory bodies. Art 13 All laws inconsistent with any of the FRs shall be void. (Indirectly gives power for Judicial Review) Right to Equality: 1. Equality before law (British) Absence of special privileges, no person is above the law (Rule of Law) 2. Equal Protection of Laws (USA) Equal treatment under equal circumstances It forbids class legislation but permits reasonable classification (For example, Quota System, Creamy Layer) 3. The State cannot discriminate against any citizen on grounds of religion, race, caste, sex or place of birth except when giving special provisions for women & children, socially and educationally backward citizens, SCs, STs for their advancements. 4. Art 17 abolishes untouchability & forbids its practice in any form. (Protection of Civil Rights Act, 1955) Right to Freedom: 1. Art 19 (6 Rights): Right to a) Freedom of Speech & Expression | b) Assemble peacefully & without arms c) Form associations & unions | d) Move freely throughout the territory of our country | e) Reside & settle in any part of the territory of India | f) Practice any profession or to carry on any occupation, trade or business.