1. FUNDAMENTAL
RIGHTS AND DUTIES

2. Rights and duties
Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality.
These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender.

3. What are fundamental rights?
Fundamental rights guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizen of India.
These rights are fundamental because of two reasons.
1.These are mentioned in the Constitution under Part-III in Art as guarantees to few freedoms
2. These are justiciable, i.e. enforceable through courts.
Anyone guilty of non-compliance to such fundamental rights will be punished as per the Indian penal code.

4. FUNDAMENTAL RIGHTS AND DUTIESC IN INDIA
There are fundamental rights documented by the constitution of India such as -
Right to equality(Art 14-18).
Right to freedom & information(Art 19-22).
Right to Education(Art 21A & Art 51)
Right against exploitation.(Art 23-24)
Right to freedom of religion.(Art 25-28)
Cultural and Educational rights(Art 29-30)
Right to Property(Art-31) has been deleted in 1976 under 42nd Amendment
Right to constitutional remedies(Art32)

5. Fundamental Rights
Article 13 {Laws inconsistent with the fundamental rights}
All laws came in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Nothing in this article shall apply to any amendment of this Constitution made under article 368.

6. RIGHT TO EQUALITY(Art 14-18)
Foremost among the fundamental rights guaranteed by the constitution of India is the right to equality.
 Article 14 :- Equality before law and equal protection of laws.
Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or
place of birth.
Article 16 :- Equality of opportunity in matters of public employment
Article 17 :- End of untouchability
Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted.

7. Equality before laws and equal protection of laws (article 14) (Legal, Social and Economic Employment)
1. Equality Before Law:
It ensures that every citizen shall be likewise protected by the laws of the country.
The State will not distinguish any of the Indian citizens on the basis of their Status, gender, caste, creed, religion or even the place of birth.(Exception President and Governors) only Impeachment
“equality before the law” implies that all are equal in the eyes of law and all will be tried by the same law and will be given the same punishment for same crime.

8. The constitution stipulates some exceptions:
The President of India or the Governor of a State is not answerable to any court for his official act ions.
The President or the Governor is not subject to criminal prosecution during his term of office.
Civil suits claiming relief for personal actions cannot be brought against the President, or the Governor when in office.

9. Equal protection of laws:
It implies equality of treatment in equal circumstances both in privileges conferred and liabilities imposed.
So all the persons must be treated alike on reasonable classification. .
The classification should be reasonable.
The state may also make some exceptions.
Equal protection thus ensures equal treatment in equal circumstances and differing treatment in differing circumstances.

10. 2. Social Equality and Equal Access to Public Areas
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) 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 the general public.

11. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) The State can make special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. as such special provisions relate to Reservation in their admission to educational institutions including private educational institutions and govt. Employment

12. 3. Equality in Matters of Public Employment
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
These are some exceptions to prohibition of discrimination ( For Equity) under Art. 16.(I)

13. 3. Equality in Matters of Public Employment
The state may reserve some appointments for backward classes and Deprived sections of the society.
Offices in the religious institutions may be kept reserved for the followers of the religion concerned.
Posts in the state services may be kept reserved for the scheduled castes and tribes.
Finally Art. 16 forbid discrimination in matters of state employment only on the grounds stated in the article itself.

14. Abolition of Untouchability and titles
Article 17 of the Constitution of India abolishes the practice of untouchability in India.
Practice of untouchability is declared as a crime and anyone doing so is punishable by law.
Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of India are not allowed to accept titles from a foreign State.
However honors conferred by the government of India such as Bharat Ratna or Padmashri etc. are not titles but are only recognition of meritorious services.

15. Right to Freedom Article 19 to 22

16. Right to Freedom( Art 19-22)
Freedom of speech and expression Article-19
Right to information is linked to the freedom of speech and expression granted in Article 19 in the constitution.
Freedom to assemble peacefully without Arms.
Freedom to form associations and unions.
Freedom to move freely throughout the territory of
India.
Freedom to reside and settle in any part of the t
territory of India.(exception J & K)
Freedom to practise any profession or to carry on
any occupation, trade or business.
Right to information for citizens" under Freedom of information Act, (except Jammu and Kashmir)

17. Right to Freedom
Protection in respect of conviction of an offence Article-20
Protection of life, Education and personal liberty Article-21 & Article-21 A
Protection against arrest and detention against certain cases Article-22
Freedom of Press – Article-361 A has been inserted according to which the press has been given the power to publish an account of the proceedings of the Indian Parliament and states legislatures.

18. Right against Exploitation Article 23-24

19. Right against exploitation,Article 23-24
Prohibition of traffic in human beings and forced labour Article 23: This article prohibits the traffic in human beings and forced labour.
Prohibition of compulsary services Article 23 : under this article the state can force people to do compulsory service for public purposes.
Prohibition of Child Labour Article-24: Children below the age of forteen years will not be allowed to work in factories, mines or in other dangerous places so that their health is not adversely affected.

20. Right to Religious Freedom Article 25 to 28

21. Right to religious freedom, Article-25 to 28
Freedom to profess and propagate any religion,Article-25
Freedom to manage religious affairs, Artcle-26
Freedom not to pay taxes for the promotion of any particular religion, Article-27
No religious instructions in government educational institutions,Artcle-28(1)
In private/minority educational institutions religious education not against the will, Article- 28(3)

22. Cultural and educational rights Article 29 to 30

23. Cultural and educational rights, Article 29 to 30
Protection against interest of minorities, Article-29(1)
Freedom to get admission in educational institutions, Article-29(2)
Right to minorities to establish educational institutions, Article-30(1)
No discrimination while giving grants-Article-30(2)

24. Right to Constitutional Remedies. Article-32

25. RIGHT TO CONSTITUTIONAL REMEDIES (article 32-35)
Mere declaration of fundamental rights is meaningless until and unless there is a machinery for its enforcement.
Article 32 which was referred to “as the very soul of the constitution” by Dr. Ambedkar, provides for constitutional remedies.
This right empowers the citizens to move a court of law in case of any denial of the fundamental rights.
The Supreme Court shall have the power to issue directions or order or writs for the enforcement of any of the rights conferred by fundamental rights.

26. Right to constitutional remedies,Article-32
Article-31(1), provides that a citizen can approach the supreme court of India by due process of law for the implementation of the Fundamental Rights included in Chapter 3 of the constitution.
Article-32(2), the Supreme court of India has the right to issue writs in the nature of the
Habeas Corpus: A writ of habeas corpus (literally to "produce the body") is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order with in 24 hrs of his arrest.
Mandamus: A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
Prohibition : Supreme court may prohibit lower court to hear special case in special circumstances
Certiorari: Right to appeal
Quo warranto: (Right to Writ to be hear)
Article-32(3), The Indian Parliament can empower any court to issue notice within its jurisdiction without infringing or influencing the powers of the Supreme Court of India.
Article-32(4), the state cannot suspend the right to constitutional remedies except in cases ( emergency) provided in the Indian Constitution.

27. Habeas Corpus:
Habeas Corpus literally means ‘to have the body of’. Via this writ, the court can cause any person who has been detained or imprisoned to be physically brought before the court. The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free. Such a writ can be issued in following example cases:
When the person is detained and not produced before the magistrate within 24 hours
When the person is arrested without any violation of a law. When a person is arrested under a law which is unconstitutional
When detention is done to harm the person or is malafide.
Thus, Habeas corpus writ is called bulwark of individual liberty against arbitrary detention. A general rule of filing the petition is that a person whose right has been infringed must file a petition.
But Habeas corpus is an exception and anybody on behalf of the detainee can file a petition. Habeas corpus writ is applicable to preventive detention also. This writ can be issued against both public authorities as well as individuals.

28. Mandamus:
Mandamus means “we command”.  This writ is a command issued by court to a public official, public body, corporation, inferior court, tribunal or government asking them to perform their duties which they have refused to perform. Due to this, Mandamus is called a “wakening call” and it awakes the sleeping authorities to perform their duty. Mandamus thus demands an activity and sets the authority in action.
Mandamus cannot be issued against the following:
a private individual or private body. if the duty in question is discretionary and not mandatory.
against president or governors of state against a working chief justice to enforce some kind of private contract.
A petition for writ of mandamus can be filed by any person who seeks a legal duty to be performed by a person or a body.

29. Prohibition: Difference between Mandamus and Prohibition
The writ of ‘prohibition’ means that the Supreme Court and High Courts may prohibit the lower courts such as special tribunals, magistrates, commissions, and other judiciary officers who are doing something which exceeds to their jurisdiction or acting contrary to the rule of natural justice.
For example if a judicial officer has personal interest in a case, it may hamper the decision and the course of natural justice.
Difference between Mandamus and Prohibition
While Mandamus directs activity, Prohibition directs inactivity.
While Mandamus can be issued against any public official, public body, corporation, inferior court, tribunal or government;
prohibition can be issued only against judicial and quasi-judicial authorities and NOT against administrative authorities, legislative bodies

30. Certiorari:
Certiorari means to “certify”. It’s a writ that orders to move a suit from an inferior court to superior court. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with that to itself or squash its order. This is generally done because superior court believes that either the inferior court had no jurisdiction or committed an error of law. Thus, certiorari is a kind of curative writ

31. Quo warranto:
Quo warranto means “by what warrant”? This writ is issued to enquire into legality of the claim of a person or public office. It restrains the person or authority to act in an office which he / she is not entitled to; and thus stops usurpation of public office by anyone. This writ is applicable to the public offices only and not to private offices.

32. Fundamental Rights
Article 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.- Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to:- (a) The members of the Armed Forces; or (b) The members of the Forces charged with the maintenance of public order; or (c) Persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or (d) Persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

33. Fundamental Rights
Article 34. Restriction on rights conferred by this Part while martial law is in force in any area.-
Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

34. Fundamental Rights
Article 35. Legislation to give effect to the provisions of this Part.- Notwithstanding anything in this Constitution,- (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws-
(i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and (ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii)
(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

35. THANKS