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.
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