INDIAN POLITY FOR UPSC/APSC EXAM Part B9: Fundamental Rights-II

Right to Freedom of Religion:

• Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.
• Article 26 says that every religious denomination or any of its section shall have the following rights:
  • Right to establish and maintain institutions for religious and charitable purposes;
  • Right to manage its own affairs in matters of religion;
  • Right to own and acquire movable and immovable property;
  • Right to administer such property in accordance with law.
• Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.
• Under Article 28, no religious instruction shall be provided in any educational institution wholly maintained out of State funds.

Cultural and Educational Rights:

• Article 29 provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.
• Article 30 grants the following rights to minorities, whether religious or linguistic:
  • All minorities shall have the rights to establish and administer educational institutions of their choice.
  • The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational institution shall not abrogate the right guaranteed to them.
  • In granting aid, the State shall not discriminate against any educational institution managed by a minority.

Right to Constitutional Remedies:

Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved person. It contains the following provisions:

• The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights.
• The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any fundamental rights. The writs issued may include:
  • Habeas corpus means ‘to have the body of’. It is issued by the court to a person who has detained another person, to produce the body of the letter to examine the cause and legality of detention.
  • Mandamus means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.
  • Prohibition means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction.
  • Certiorari means ‘to be certified’. It is issued by a higher court to a lower court either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
  • Quo-warranto means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office.
• Parliament can empower any other court to issue directions, order and writs of all kinds.
• The right to move the Supreme Court shall not be suspended except as otherwise provided by the Constitution.

Criticism:

• Fundamental Rights are subjected to a number of exceptions, restrictions, qualifications and explanation.
• The list of Fundamental Rights mainly consists of political rights and there is no provision for important social and economic rights.
• The rights are stated in a vague, indefinite and ambiguous manner.
• They are not immutable as the Parliament can curtail or abolish them.
• The suspension of these rights during National Emergency is another limitation.
• According to many critics, the provision of preventive detention takes away the spirit and substance of the chapter Fundamental Rights.

In spite of all the criticism, Fundamental Rights are very significant as they provide the necessary condition for the protection of individual by checking the absolute authority of the government. They ensure the dignity and respect of individual as well as protect the interest of minorities and weaker sections of society.

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