Which Fundamental Rights Are Available Against Private Individuals?

Is company a citizen and enjoy fundamental rights?

Juristic persons such as companies or corporations are not citizens within the meaning of Article 19.

Union of India the Court said that the Fundamental Rights of the citizens are not lost when they associate to form a company..

What is Article 21 of the Indian Constitution?

Constitution of India. Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law.

Why is Article 21 so important?

“Article 21 of the Constitution guarantees the life and personal liberty to all persons. It guarantees the right of persons to life with human dignity. Therein are included, all the aspects of life which go to make a person’s life meaningful, complete and worth living.

Is Article 32 available for foreigners?

Therefore, to summarize, a foreign juristic person can file a petition under Articles 226 and 32 to enforce the fundamental rights which are available to all citizens. However, the same cannot be used to invoke the rights that are denied to it under Article 19.

Who can violate fundamental rights?

But then, the five Judge decision of the Supreme Court in 2002 in Rupa Ashok Hurrahas held that “it is a settled position in law that no judicial order passed by any superior court in judicial proceedings can be said to violate any of the fundamental rights enshrined in Part III” of the Constitution and that “the …

Is Article 21 available against private individuals?

In fact, Article 21, the right to life and liberty, reads as follows: ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’. There is thus nothing in this article either to restrict its application to State actors only.

Which fundamental rights are only for citizens?

Under the Indian constitution, certain fundamental rights are available only to the citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in matter of public employment (Article 16); freedom of speech and expression, …

Why do we need fundamental rights?

Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, prevent the establishment of the authoritarian and dictatorial rule in the country. They are very essential for the all-round development of the individuals and the country.

Is Article 21 an absolute right?

Judicial Interpretation in Right to Life and Personal Liberty Under Article 21 of Indian Constitution. According to the Constitution, Parliament and the state legislatures in India have the power to make laws within their respective jurisdictions. This power is not absolute in nature.

Is Article 14 available to foreigners?

Article 14 of the Indian Constitution essentially guarantees equality before the law. … Article 14 is applicable not just to Indian citizens but also extends benefits of equality to anyone within Indian territory, even a foreigner.

What is the Article 23?

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work.

Who can claim right under Article 23 24?

Article 24 says that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.” The fundamental right against exploitation guaranteed to all citizens prohibits child labour in mines, factories, and hazardous conditions.

What is Article 25 A?

Article 25-A of the Constitution, that guarantees the right to free and compulsory education to children between the ages of five to sixteen years old, was inserted in the Constitution by the 18th Amendment. At the time of its passage in 2010, the move was lauded as a step in the right direction.

How is CAA against the Constitution?

It’s been suggested that the Citizenship (Amendment) Act (CAA) goes against Article 14 of the Constitution and that there are enough provisions in the unamended Citizenship Act to provide citizenship to persecuted minorities. … Therefore, this CAA does not relate to any Indian, even Muslims.

Who can claim fundamental rights against whom fundamental rights are available?

Rights are the social claims without which, a man cannot give his best to the society. The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners.

What is the Article 18?

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

What is Article 21 A?

Right To Education – Article 21(A): This article says state shall provide free and compulsory education to all children of the age of six to fourteen years.