Fundamental
Right is contained in the Constitution Of India. It guarantees civil freedom such
that all Indians can lead their lives in peace and harmony as citizen of India.
Right to Freedom is one of the Fundamental Rights in Indian constitution acts
as a guarantee that all Indian citizens have and can live their life with
freedom and peace. See the below Rights according to the our Constitute
Assembly, 26th November, 1949.
Protection of certain rights regarding freedom of speech, etc.
1)
All
citizens shall have the right
(a) To freedom of
speech and expression;
(b) To assemble
peaceably and without arms;
(c) To form
associations or unions;
(d) To move freely
throughout the territory of India;
(e) To reside and
settle in any part of the territory of India; and
(g) To practice any
profession, or to carry on any occupation, trade or business.
2)
Nothing
in sub-clause (a) of clause (1) shall affect the operation of any
existing law, or prevent the State from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred by the
said sub-clause in the interests of the sovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order,
decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.
3)
Nothing
in sub-clause (b) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing, in the interests of the sovereignty and integrity of India or public
order, reasonable restrictions on the exercise of the right conferred by the
said sub-clause.
4)
Nothing
in sub-clause (c) of the said clause shall affect the operation of any excising
law in so far as it imposes, or prevent the State from making any law imposing,
in the interests of the sovereignty and integrity of India or public order or
morality, reasonable restrictions on the exercise of the right conferred by the
said sub-clause.
5)
Nothing
in sub-clauses (d) and (e) of the said clause shall affect the
operation of any existing law in so far as it imposes, or prevent the State
from making any law imposing, reasonable restrictions on the exercise of any of
the rights conferred by the said sub-clauses either in the interests of the
general public or for the protection of the interests of any Scheduled Tribe.
6)
Nothing
in sub-clause (g) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing, in the interests of the general public, reasonable restrictions on
the exercise of the right conferred by the said sub-clause, and, in particular,
nothing in the said sub-clause shall affect the operation of any existing law
in so far as it relates to, or prevent the State from making any law relating
to,
(a) The
professional or technical qualifications necessary for practising any
profession or carrying on any occupation, trade or business, or
(b) The
carrying on by the State or by a corporation owned or controlled by the State,
of any trade, business, industry or service, whether to the exclusion, complete
or partial, of citizens or otherwise.
Protection in respect of conviction for
offences.
(1)
No
person shall be convicted of any offence except for violation of a law in force
at the time of the commission of the Act charged as an offence, nor be
subjected to a penalty greater than that which might have been inflicted under
the law in force at the time of the commission of the offence.
(2)
No
person shall be prosecuted and punished for the same offence more than once.
(3)
No
person accused of any offence shall be compelled to be a witness against
himself.
Protection of life and personal liberty
No person shall be
deprived of his life or personal liberty except according to procedure
established by law.
Protection against arrest and detention in
certain cases
(1)
No
person who is arrested shall be detained in custody without being informed, as
soon as may be, of the grounds for such arrest nor shall he be denied the right
to consult, and to be defended by, a legal practitioner of his choice.
(2)
Every
person who is arrested and detained in custody shall be produced before the
nearest magistrate within a period of twenty-four hours of such arrest
excluding the time necessary for the journey from the place of arrest to the
court of the magistrate and no such person shall be detained in custody beyond
the said period without the authority of a magistrate.
(3)
Nothing
in clauses (1) and (2) shall apply—
(a) to any
person who for the time being is an enemy alien; or
(b) to any
person who is arrested or detained under any law providing for preventive
detention.
No law providing
for preventive detention shall authorize the detention of a person for a longer
period than three months unless—
(a) an
Advisory Board consisting of persons who are, or have been, or are qualified to
be appointed as, Judges of a High Court has reported before the expiration of
the said period of three months that there is in its opinion sufficient cause
for such detention:
Provided that
nothing in this sub-clause shall authorize the detention of any person beyond
the maximum period prescribed by any law made by Parliament under sub-clause (b)
of clause (7); or
(b) such
person is detained in accordance with the provisions of any law made by
Parliament under sub-clauses (a) and (b) of clause (7).
(4)
When
any person is detained in pursuance of an order made under any law providing
for preventive detention, the authority making the order shall, as soon as may
be, communicate to such person the grounds on which the order has been made and
shall afford him the earliest opportunity of making a representation against
the order.
(5)
Nothing
in clause (5) shall require the authority making any such order as is referred
to in that clause to disclose facts which such authority considers to be
against the public interest to disclose.
(6) Parliament may
by law prescribe
(a) the
circumstances under which, and the class or classes of cases in which, a person
may be detained for a period longer than three months under any law providing
for preventive detention without obtaining the opinion of an Advisory Board in
accordance with the provisions of sub-clause (a) of clause (4);
(b) the
maximum period for which any person may in any class or classes of cases be
detained under any law providing for preventive detention; and
(c) the
procedure to be followed by an Advisory Board in an inquiry under sub-clause (a)
of clause (4).
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