Fundamental Rights of Indian Constitution
Fundamental Rights of Indian Constitution are the fundamental human rights that the Indian Constitution guarantees and are stated in Part III. The six fundamental rights are the following: the right to equality, the right to freedom, the right against exploitation, the right to religious liberty, the right to cultural and educational freedom, and the right to legal recourse.
The Fundamental Rights originally also contained the right to property (Article 31). However, it was removed from the list of Fundamental Rights by the 44th Constitutional Amendment Act of 1978 and made a legal right under Article 300A in Part XII of the constitution.
Read about: Salient Features of Constitution of India
List of Fundamental Rights of Indian Constitution
|Right to Equality||14||Equality Before Law|
|15||Prohibition of Discrimination|
|16||Equality of Opportunity in Public Employment|
|17||Abolition of untouchability|
|18||Abolition of Titles|
|Right to Freedom||19||Protection of 6 Rights
|20||Protection in Respect of Conviction for Offences|
|21||Protection of Life and Personal Liberty|
|21-A||Right to Education|
|22||Protection Against Arrest and Detention|
|Right Against Exploitation||23||Prohibition of Human Trafficking and Forced Labour|
|24||Prohibition of Child Labour|
|Right to Freedom of Religion||25||Freedom of Conscience, Profession, Practice and Propagation|
|26||Freedom to Manage Religious Affairs|
|27||Freedom from Taxation for the Promotion of a Religion|
|28||Freedom from Attending Religious Instruction|
|Educational and Cultural Rights||29||Protection of Interests of Minorities|
|30||Right of Minorities to Establish and Administer Educational Institutions|
|Right to Constitutional Remedies||32||Right to use five writs as remedies for enforcing one’s fundamental rights:
|33||Provides the Parliament with the authority to limit or abolish the fundamental rights of “Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces”|
|34||Provides for the restrictions on fundamental rights while martial law(military rule) is in force|
|35||Empowers the Parliament to make laws on Fundamental Rights|
Fundamental Rights of Indian Constitution: Articles 12-35
The United States Bill of Rights served as a major model for India’s creation of Fundamental Rights. These rights are protected by the constitution because it is believed that they are necessary for each person’s personality to grow and for the preservation of human dignity.
Part III of the Indian Constitution sometimes referred to as the Magna Carta of the Indian Constitution, contains provisions for fundamental rights. Due to their justified nature, which enables people to petition courts for their enforcement if and when they are violated, these rights are known as basic rights.
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Six Fundamental Rights of Indian Constitution
Everyone’s moral and intellectual development depends on fundamental rights. Fundamental rights are necessary for a person’s development. The post-independence era in India has led to the inclusion of a number of crucial fundamental rights in the Indian constitution. The Constitution of India grants specific legal rights to each citizen. Knowing what they are is essential to prevent the violation of anyone’s rights. The following Six Fundamental Rights of Indian Constitution are guaranteed to Indian citizens:
1. Right to Equality (Articles 14 – 18)
The right to equality entirely protects the equal legal rights of all citizens. The right to equality absolutely forbids discrimination on the basis of caste, creed, and religion, place of birth, race, or sexual orientation. It ensures that everyone has an equal chance to work for the government and prohibits the government from treating anyone differently at work just because of their religion, caste, race, gender, ancestry, place of birth, place of residency, or any other of these factors.
Equality before the law is provided for in Articles 14 through 18. The Constitution ensures that everyone is treated equally in front of the law and guarantees equality before the law. The state is not permitted to treat citizens differently based on their caste, race, religion, gender, or place of birth. This is required to achieve equality.
2. Right to Freedom (Articles 19 – 22)
It is also known as the right to liberty. The most cherished wish of every person is to be free. A few of the rights guaranteed by the right to freedom include the freedom of speech, the freedom of expression, the freedom of assembly without the use of force, the freedom of movement across the entire territory of our nation, the freedom of association, the freedom to practice any profession, and the freedom to live anywhere in the nation. These rights, however, are constrained in many ways.
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3. Right against Exploitation (Articles 23 – 24)
Due to Indian society’s historical hierarchical structure, various forms of exploitation have occurred. It’s critical to understand that being exploited is equivalent to, if not worse than, being abused. This fundamental right is essential for preventing any citizen from being forced to perform forced labour of any kind. Even if money is offered, no one may be made to work against their will.
Forced labour of any kind is forbidden by the Indian constitution. Forced labour is defined as work performed for less than the legal minimum pay. The article also cites human trafficking as a constitutional violation. Therefore, it is forbidden to buy and sell people for illegal or immoral reasons. Additionally, this paragraph declares that this “bound labor” is unconstitutional.
4. Right to Freedom of Religion (Articles 25 – 28)
One is completely free to practice whichever religion one choose. Because India is a multireligious nation where Hindus, Christians, Sikhs, and many more religions live, the Constitution designates it as a “secular state.” It indicates that there is no “national” religion or “state religion” in India.
However, it completely allows residents to practice any religion they like and to worship anybody they choose. This shouldn’t, however, obstruct another person’s religious beliefs and/or practices. Foreigners can also exercise this freedom.
5. Cultural and Educational Rights (Articles 29 – 30)
All members of society have the right to maintain their native language or script thanks to cultural and educational rights. The first thing that comes to mind when thinking of Indian society is its diversity. In such a diverse nation, our Constitution believes that variation is our strength. The freedom of minorities to maintain their culture is thus one of their fundamental rights.
Minorities are ethnic or religious groups that are native to a certain area of the nation and who practice a similar language or religion. Minority linguistic and religious groups are also permitted to set up their own educational establishments. This will enable them to maintain and advance their own culture.
6. Right to Constitutional Remedies (32 – 35)
A citizen in India has the option to appeal to the Supreme Court to have their fundamental rights upheld. This privilege is protected for the Supreme Court and the High Court, respectively, under Articles 32 and 226 of the Constitution. It is known as the constitutional remedy right. The Supreme Court and the high courts have the authority to impose fundamental rights under this Article. Local courts may also have the ability to extend the rights. However, because it is subject to military law, the court-martial is excluded from this safeguard.
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Fundamental Rights of Indian Constitution Features
The way that fundamental rights are upheld differs from the way that other legal rights are. A person who feels their legal rights have been violated cannot go straight to the SC and avoid going through lower courts. He or she ought to go to the lower courts first. All citizens have access to some fundamental rights, while the rest are universal (citizens and foreigners).
Fundamental freedoms aren’t unqualified rights. They are subject to reasonable constraints, which include those related to public morality and decency, state security, and good ties with other nations. They are justifiable, which suggests that courts will uphold them. In the event that their fundamental rights have been violated, they may directly contact the SC.
Only if the revision does not change the Constitution’s fundamental design can the Parliament amend fundamental rights by a constitutional amendment. During a national emergency, fundamental rights may be suspended. However, Articles 20 and 21’s guarantees of rights are unalterable. In areas that have been subjected to martial law or military control, the exercise of fundamental rights may be limited.
Read about: Important Articles of Indian Constitution
Six Fundamental Rights of India
|Right to Equality|
|Right to Freedom||
|Right Against Exploitation||
|Right to Freedom of Religion||
|Educational and Cultural Rights||
|Right to Constitutional Remedies||
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