Fundamental rights
Fundamental rights
Fundamental rights( part 3)
Important features
πArticle 12 to 35 of the constitution deals with the fundamental rights constitution does not define fundamental rights but say that they are fundamental and superior to ordinary laws fundamental rights cannot be altered except with constitutional amendment.
π Fundamental rights incorporate provisions of "American bill of rights" and are very elaborate in comprehensive. They provide for absolute right with judiciary having power to impose limitations Legislature can impose limitations on fundamental rights during national emergency.
π These can be negative obligation on the state not to in enroach on individual Liberty in its activities .
π They promote political democracy and prevent authoritative rule.
π In USA legislature is competent to interfere with individual rights if they are in danger safety of the state and collective interests.
π Original the constitution class 5 fundamental rights under 7 groups.
π Now there are only six group is right to property has been eliminated by the 44th amendment act 1978 and transposed to a new article -article 300a which is outside of part 3 of the constitution and has been labelled in chapter 4 of part 12 but that is not a fundamental right fundamental right.
π Fundamental rights under article 15,16, 19, 29 and 30 are applicable to Indian citizens.
π Fundamental rights under article 14, 20,21, 23 ,25, 26, 27 and 28 are available to all resident of India both citizen and foreigner.


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