An assessment of the Fundamental Rights on various parameters

Note: Work in progress article

Legend

Article: The Article number under Part III of the Constitution
Focus: The particular ‘area’ of Rights that the Article focuses on
Form: Whether the wording of the Article is in the form of a grant of Right, restriction on the State, prohibition of an ‘evil’, protection from exploitation, etc
Subject: Whether the Article addresses the People or State
Beneficiary: The intended beneficiary of the Article
Restrictions: Are any restrictions pre-built into the Article already
Attribute: Which particular attribute of human/natural Rights does the Article focus on?

Guide to interpretation:

The second row of the below table can be interpreted as follows:

Article 15 of the Indian Constitution focuses on Non-discrimination and places a restriction on the State. It is intended to benefit Citizens of India, but comes with Restrictions. It aims at increasing Equality within the nation.

The sixth row can be understand as below:

Article 19 of the Indian Constitution focuses on guaranteeing Freedom, and awards Rights to People. It benefits only Citizens and comes along with certain Restrictions. It aims to promote Liberty amongst the people.

Article Focus Form Subject Beneficiary Restrictions Attribute
14 Equality Restriction State Persons No Equality
15 Non-discrimination Restriction State Citizens Yes Equality
16 Opportunity Right People Citizens Yes Equality
17 Untouchability Prohibition People Persons No Equality
18 Titles Prohibition State, People None Yes NA
19 Freedom Right People Citizens Yes Liberty
20 Conviction Protection People Persons No Liberty
21 Life Protection People Persons Yes Liberty
21A Education Duty State Persons (?) No NA
22 Arrest Protection People Persons Yes Liberty
23 Forced Labour Prohibition People Persons Yes Liberty
24 Child Labour Prohibition People Persons No Liberty
25 Religion Right People Persons Yes Freedom
26 Religion Right People Institutions No Freedom
27 Religion Protection State Persons No Freedom
28 Religion/Education Prohibition State Persons Yes Freedom
29 Culture Right People Citizen No Liberty
30 Education Right People Minorities No Liberty
31 Property Withdrawn        
32 Judicial Right People Not Clear Yes Liberty
33 Rights Prohibition State None No NA

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Blog at WordPress.com.

Up ↑

%d bloggers like this: