presented by

NEETHU ALBY

The freedom of profession , occupation , business ( Article 19(1) (g) and 19(6)
Guarantees the freedom to practise any profession , or to carry on any occupation , trade or business. Perhaps the only other Constitution which has given them the status of fundamental rights are those of Ireland & Switzerland. society is often intolerant to persons who change the traditional profession.

Restrictions to the right

the prescribing of professional or technical qualifications necessary for practising any profession or carrying on any occupation , trade or business Or carrying on by the state or by a corporation owned or controlled by the state , of any trade , business , industry or service.

Protection in respect of conviction for offences ( Article 20 ) There are four guaranteed protections a person can be convicted of an offence only if he has violated a law in force at the time when he is alleged to have committed the offence no person can be subjected to greater penalty than what might have been given to him under the law that was prevalent when he committed the offence no persons can be prosecuted and punished for the same offence more than once no person accused of an offence can be compelled to be a witness against himself.

Protection of life and personal liberty (Article 21 ) Article 21 is one of the shortest in the Constitution , over which there took place one of the longest and most thoroughgoing discussions in the Constituent Assembly

It enacts that no person shall be deprived of his life or personal liberty except according to procedure established by law
It does not recognise the to life and personal liberty as an absolute right but limits the scope of the right itself.

Protection against arrest and detention (Article 22) Article 22 guarantees three rights It guarantees the right of every person who is arrested to be informed of the cause of his arrest his right to consult , and to be defended by a lawyer of his choice. every person arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty four hours and shall be kept in continued custody only with his authority.

Two exceptions to the application any person who is for the time being and enemy alien Or Any person who is arrested or detained under any law providing for preventive detention

The right against exploitation Article 23&24 deal with the right against exploitation . Article 23 which prohibits traffic in human being and begar and similar form of forced labour The untouchables were being exploited in several ways by the higher castes and richer classes Evils like the Devadasi system The Constitution-makers were eager to proclaim a war against them

Exception An important exception is made in favour of the state which may impose compulsory service for public purposes. Eg : compulsory military service or compulsory work for nation-building programmes

Prohibition of child labour According to Article 24 , no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment

enforce universal compulsory and free primary education to all children in country upto the age of 14 years
this comes of the realisation that children should prepare during this period for the task of the future as useful and responsible citizens

The right to freedom of religion The freedoms provided under Article 25 , 26 , 27 & 28 are conceived in most generous terms to the complete satisfaction of religious minorities They were in fact the result of an agreement with the minorities , almost unanimously arrived at in the Minorities Committee constituted by the Constituent Assembly. such unanimity created an atmosphere of harmony and confidence in the minority community

Article25 guarantees to every person , subject to public order , health and morality a freedom not only to entertain such religious belief as may be approved of by his judgement and conscience , but also to exhibit his belief in such outward acts as he thinks proper and to propagate or disseminate his ideas for the edification of others..

Article26 According to this , every religious denomination is given the right a) to establish and maintain institution for religious and charitable purposes b) to manage its own affairs in matters of religion c) to own and acquire movable and immovable property d) to administer such property in accordance with law Article27 provides an additional protection to religious activity by exempting fund appropriated towards the promotion or maintenance of any particular religion from the payment of taxes. Article28 Religious instruction in schools Article 28 prohibits religious instruction in any education institution wholly maintained out of State funds whether such instruction is given by the State or by any other body But this prohibition will not apply to any educational institution which is established under any endowment or trust which requires that religious instruction should be imparted in such institution , even if it happens to be administered by the State

Cultural and Educational rights

Under Articles 29 & 30 , certain cultural and educational rights are guaranteed.
Article29 Section(1) guarantees the right of any section of the citizens residing in any part of the country having a distinct language , script or culture of its own , to conserve the same. Section(2) prohibits any discrimination based only on religion , race , caste , language or any of them in the matter of admission to State or State-aided educational institutions. Article30 Section(1) provides that all minorities, whether based on religion or language, shall have the right to establish and administer Educational institutions of their choice.

Section(2) the state shall not in granting aid to educational institution, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Other key aspects Article 29 & 30 create two separate rights although it is possible that they may meet , in a given case. Whether a particular community is a minority or not is to be judged on the basis of the entire population of the area to which the particular legislation applies. A minority can effectively conserve its script, language and culture by and through the establishment and maintenance of educational institutions of its choice. The language of Article29(2) is wide and unqualified and cover all citizens whether they belong to the majority or minority groups. The right of getting admission to an educational institution is a right which an individual citizen has as a citizen and not as a member of a community or class of citizens. Hence this right cannot be denied to citizens on ground only of religion, race , caste, language or any of them.

 An educational institution run by a minority community , cannot reserve more than 50 per cent of seats for members of that minority community. In the case of minority based on religion or language , the right to impart instruction in their own institution to the children of their community in their own language must be protected. In such a case , the power of the State to determine the medium of instruction must yield the fundamental right of the minority to the extent it is necessary to give effect to that right The words establish and administer in Article 30(1) must be read conjunctively and if done so , the minority is entitled to the right to administer an educational institution provides the said institution has been established by the minority and not otherwise. The protection implied in Article 29&30 applies not only to educational institution established after the commencement of the constitution but also to those established before it.

The right to Constitutional Remedies (Article 32) Article 32 has four sections Section(1) the right to move the Supreme Court by appropriate proceedings for the enforcement of the right conferred by this part of guaranteed. Section(2) Supreme Court to issue writs, including writs in the nature of habeans corpus , mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the rights. Section(3) It empower parliament to confer the power of issuing writs or order on any other court without prejudice to the power of the Supreme Court in this respect. So far , parliament has not passed any law conferring the power of issuing writs on any courts. The Constitution itself has conferred upon all High Courts in India the power of issuing writs by Article 226 . Section(4) it deals with the conditions under which this right can be suspended.

UNITY IN DIVERSITY The country where unity blends with diversity India is a land which comprises of many racial groups with a large number of spoken language and dialects. A large number of festivals are celebrated with a great enthusiasm in India irrespective of the reasoning All creeds are treated with equality . This projects a secular and impartial image to people of any religion . A verity of languages are spoken in regions falling in different geographies. Modern India presents a picture of unity in diversity where people hailing from different faiths and beliefs coexist in an environment of peace and harmony.