Sunday 17 March 2019

FUNDAMENTAL RIGHTS (INDIA)



Part III (Articles 12 – 30) contain the fundamental rights of Indian citizens.

Our Fundamental Rights are as follows:
-          Right to Equality – Articles 14 to 18
-          Right to Freedom – Articles 19 to 22
-          Right Against Exploitation – Articles 23 to 24
-          Right to Freedom of Religion – Articles 25 to 28
-          Cultural and Educational Rights – Articles 29 to 30

Right to Equality

Article 14 – Equality before Law – This provision guarantees that the State shall not deny any person equality before law or equal protection of laws within the territory of India.

Article 15 – Prohibition of discrimination on grounds of religion, race, caste, gender, place of birth.

Article 16 – Equality in matters of public employment – guarantees equal opportunities for all citizens in matters relating to employment to any office under the State.

Article 17 – Abolition of Untouchability – prohibits untouchability in any form and such acts are an offence punishable in accordance with the law.

Article 18 – Abolition of Titles – No title shall be conferred by the state except for military and academic distinctions and no citizen of India shall accept any title from any foreign state.

Right to Freedom

Article 19 – Protection of certain rights regarding freedom of speech etc. – This article provides for all citizens the right
-          To freedom of speech and expression
-          To assemble peacefully without arms
-          To from associations or unions
-          To move freely throughout the territory of India
-          To reside and settle in any part of the territory of India
-          To practice any profession, occupation, trade or business.

Article 20 – Protection in respect of conviction of offences – protects citizens from ex-postfacto legislation, double jeopardy and self-witness.

Article 21 – Protection of life and personal liberty – no person shall be deprived of his life or personal liberty except according to the procedure established by law.

Article 21 A – Right to education – State shall provide free and compulsory education to all children of the age 6 to 14.

Article 22 – Protection against arbitrary arrest and detention – no person shall be detained in custody without being informed of the ground on which he has been arrested. He will not be denied the right to consult a lawyer of his choice.

Right to Freedom of Religion

Article 25 – Freedom of conscience and free profession, practice and propagation of religion.

Article 26 – Freedom to manage religious affairs.

Article 27 – Freedom as to payment of taxes for promotion of any particular religion.

Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions – guarantees that no religious instruction shall be provided in any educational institution maintained wholly out of state funds. Also a person attending an educational institution maintained partially out of state funds or recognized by the state cannot be compelled by the institution to attend religious instruction without consent of his or her guardian.


ELECTION COMMISSION (INDIA) DUTIES



1.       The Election Commission prepares the General Electoral Roll for the country comprising adult citizens who have registered themselves as voters. When the Electoral Roll is drafted, the Election Commission makes it available to the public through the internet as well as through special centers established for the same. This gives the people a chance to check whether their names are correct and are a part of the electoral roll.

2.       The Election Commission calls for an All Party Meeting to discuss the Poll Dates.

3.       The Election Commission meets the outgoing Prime Minister to determine whether General Elections would be practicable and feasible in the light of current national issues and circumstances.

4.       The Election Commission welcomes suggestions for Political parties regarding ways in which the conduct of elections may be improved.

5.       The Election Commission prepares a schedule for elections in a way that minimum inconvenience is caused to people and at the same time it is administratively feasible.

6.       The Election Commission ensures that the polls are free and fair, people are able to exercise their vote independently and that a law and order situation is avoided.

7.       The Election Commission organizes polling in ‘phases’ because of the huge size of Indian territory and population.

8.       Polls in different states are held on different dates within the same time frame.

9.       The Code of Conduct prescribed by the Election Commission comes into force when the Election Dates are declared. The Code of Conduct is a list of do’s and don’ts to be adhered to by all political parties contesting elections.

10.   According to the rule set down by the Election Commission. Campaigning must end forty eight hours before polling closes.