Fundamental Rights in India

Introduction:- In this article, we will cover all the detail which related with Fundamental Rights. We will also discuss about the importance of Fundamental Rights and other general information.

What are Fundamental Rights ?

Fundamental Rights are the basic human rights inducted in the Constitution of India which are guaranteed to all citizens. These rights are applied without discrimination on the basis of race, birthplace, religion, gender etc. Fundamental Rights are inducted in Part III (Article 12-35) Constitution of India. The Indian Penal Code (IPC) and other laws allow punishment for the violation of these rights, subject to the discretion of the judciary. These rights are delivered to the citizens of India for Constitution tells that these Fundamental Rights are inviolable. 

Why are they called Fundamental Rights ?

These rights are called Fundamental Rights because of :-

(1) These rights are inducted in the Constitution of India, which guarantees them.

(2) These rights are justiciable by courts. In case of a violation, any person can approach a court by law.

List of Fundamental Rights

There are six Fundamental Rights in Indian Constitution under Article 12-35 are mentioned below.

(1) Right to Equality (Article 14-18)

(2) Right to Freedom (Article 19-22)

(3) Right against Exploitation 

      (Article 23-24)

(4) Right to Freedom of Religion

      (Article 25-28)

(5) Cultural and Educational Rights 

      (Article 29-30)

(6) Right to Constitutional Remedies.                (Article 32-35)

Right to Property is now Legal rights not a Fundamental Rights. It is deleted from the Fundamental Rights by the 44th Constitutional ammendment.

Introduction of Fundamental Rights

1. Right to Equality - In Constitution of India, Right to Equality include rights for everyone irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportnities in the goverment. It also includes the abolition of titles as well as untouchability.

Article 14 - The state shall not deny to person equality before the law or equal protection of the laws the territory of India.

Article 15 - The state shall not discriminate against any citizen on grounds only of religion , race, caste, sex, place of birth.

Article 16 - There shall be equality of opportunity for all citizens in matter relating to employment or appointment to any office under the state.

Article 17 - Abolition of untouchability.

Article 18 - Abolition of all titles except military and academic.

2. Right to Freedom - Freedom is the right of everyone. The Indian Constitution guarantees the freedom to citizens. 

Article 19 - Protection of six rights which concern the freedom of:-

(i) Speech and expression

(ii) Assembly

(iii) Association

(iv) Movement

(v) Residence

(vi) Profession

Article 20 - Protection with respect to conviction for offences.

Article 21 - Right to life, personal liberty and die with dignity (passive euthanasia).

Article 21A - Free education for all children of the age of 6 to 14 years such manner as the state may, by law determine.

Article 22 - Protection against arrest and detention in certain cases.

3. Right against Exploitation - Prohibits all forms of forced labour, child labour and trafficking of human beings.

Article 23 - Traffic in human beings and begar and other similar forms of forced labour are prohibited and punishable according with law.

Article 24 - Prohibition of children employment in factories.

4. Right to Freedom of Religion - All religions are equal. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions. 

Article 25 - Freedom of conscience and free profession, practice and propagation of religion.

Article 26 - Freedom to manage religious affairs.

Article 27 - Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Article 28 - Freedom as to attendance at religious instructions or religious worship in certain educational institutions.

5. Cultural and Educational Rights - These rights preserve the right of citizens to conserve their culture, language and right of minorities to establish and administer educational institutions of their choice.

Article 29 - Protection of interssrs of minorities by making law that any citizens having distinct language, culture and script  or have the right to conserve the same.it also mandates that no discriminiation would be done on the ground of religion, cast, birth language etc.

Article 30 - Right of minorities to establish and administer educational institutions. It is also called the Charter of Education Right.

6. Right to constitutional Remedies - These rights comes under Article 32 - 35. The Constitution guarantees if citizens Fundamental Rights are violated. Citizens can approach the courts. They can even go directly to the Supreme Court, which can issue writs for enforcing Fundamental Rights.

• Habeas Corpus
• Certiorari
• Prohibition
• Mandamus
• Quo Warranto

Amendability of Fundametal Rights

Fundamental Rights may be amended. The amendment bill should be passed by the both house of the parliament with special majority. It means that an amendment requires the approval of the two-third of the members present and voting.

Importance of Fundamental Rights

Fundamental Rights are the most important. These rights are like the backbone of our country. These rights are essential for spiritual development of individuals.