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Kalyanrao Peddireddi
Resource Centre / Categories :- Miscellaneous  » Miscellaneous
Constitutional rights for non-resident Indians
Kalyanrao Peddireddi | 01/01/1970

The Manusmriti, Arthashastra by Kautilya and Quran refer to Law, Judges, Courts and Advocates.  “The profession of law is called a noble profession keeping in view the high and rich, traditions consistent with its grace, dignity, utility and prestige.” As a matter of fact the Bar is the mother of the Bench. The popular version about the relationship of the Bar and the Bench is regarded as both being the “Wheels of the chariot of Justice.”

    

Indian constitution is the World's lengthiest written constitution which had 395 articles in 22 parts and 8 schedules at the time of commencement. Now Constitution of India has 448 articles in 25 parts, 12 schedules and 5 appendices. There are 122 amendments have been made in the Indian constitution under Article 368 of The Constitution by the Parliament of India. ( The last was of G.S.T. Amendment).

                   

Fundamental Rights are the basic rights of the people and the rights were contained in Part III of Constitution. It guarantees these Rights such that all Indians can lead their lives in peace and harmony as people of society. These include individual rights common to most of the rights, such as Constitutional rights and basic rights, religious and cultural freedom and right to live, right to employment, and the right to livelihood with enforceable remedies for the protection of rights by means of such as Constitutional  Rights.  Violation of these rights result in punishments as prescribed in the Constitution or other special laws, subject to discretion of the reasonable restrictions. The Fundamental Rights are defined as basic right that 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 Castes, place of birth, religion, or community. Aliens (persons who are not citizens) are also considered in matters like equality before law. They are enforceable by the Courts, subject to certain restrictions.             The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV–A of the Constitution, concern individuals and the nation. Like the Directive Principles, they are not enforceable by the law.

     

 

The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society.The seven fundamental rights recognized by the Indian

constitution are:

 

1.    Right to equality: Which includes equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. Right to equality is provided from Article 14 to Article 18 of Indian constitution.

2.    Right to freedom: Which includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation, right to life and liberty, protection in respect to conviction in offences and protection against arrest and detention in certain cases. Right to freedom is provided from Article 19 to 22 of constitution.

3.    Right against exploitation: Which prohibits all forms of forced labour, child labour and traffic of human beings. It is provided under Articles 23 and 24 of Indian constitution.                                   

4.    Right to freedom of religion: Which includes freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes. Article 25 to 28 enumerates the right to freedom of religion.

5.    Cultural and Educational rights: Preserve the right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice. Article 29 and Article 30 of Indian constitution provides for cultural and educational rights.

6.    Right to constitutional remedies: Which is present for enforcement of  Fundamental Rights. It is provided under Article 32 to 35 of Indian constitution.

7.    Right to Privacy: Which is an intrinsic part of  Article 21 that protects life and liberty of the citizens.

8.    The Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of public interest. The Fundamental Rights can be enhanced, removed or otherwise altered through a Parliament, passed by a two-thirds majority of each House.

 

9.    Right to Constitutional Remedies (Important) The Right to Constitutional Remedies empowers citizens to approach the Supreme Court or the High Court to seek enforcement, or protection against infringement, of their Fundamental Rights. Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution.

         

THE JUDICIAL SERVICES AND LEGAL FRATERNITY ARE ADOPTING ONLINE SERVICES FOR FAST INFORMATION TO THE CLIENTS AND EARLY JUSTICE TO CONSUMERS OF JUSTICE THEREBY THE LEARNED ADVOCATES GET HIGH RESPECT IN THE SOCIETY , REPUTATION FOR THE HON’BLE PRIME MINISTER OF INDIA AND GLORY FOR INDIAN JUDICIARY.IN THE GLOBALIZATION.

    

    LIVE LIFE LOVELY LIVELY WITH HAPPINESS & MAKE OTHERS HAPPY

                    

By P KALYAN RAO B.Com(Hons)., LL.M(Constitutional Law),          FORMER DISTRICT & SESSIONS JUDGE Now Lives at Hyderabad.

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