The Fundamental Rights are the basic human rights guaranteed by the Constitution of India. They are enshrined in Part III of the Constitution, from Articles 12 to 35. These rights are enforceable by the courts, and any violation of these rights can be challenged in the Supreme Court.
There are six Fundamental Rights in India:
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Articles 32-35)
Right to Equality guarantees equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of employment.
Right to Freedom guarantees the freedom of speech and expression, the freedom of assembly, the freedom of association, the freedom of movement, the freedom of residence, and the freedom to practice any profession or occupation.
Right against Exploitation prohibits traffic in human beings and forced labor, and guarantees the right to work, the right to education, and the right to form unions.
Right to Freedom of Religion guarantees the freedom of conscience, the freedom to profess, practice and propagate religion, and the freedom to manage religious affairs.
Cultural and Educational Rights guarantees the right of every religious community or linguistic minority to establish and maintain its own educational institutions, and the right of the minorities to conserve their culture.
Right to Constitutional Remedies guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights.
Fundamental Rights are an important part of the Indian Constitution, and they play a vital role in protecting the rights of the citizens of India. They have been used to challenge many laws and government actions that have been seen as discriminatory or unfair. The Fundamental Rights are a powerful tool for ensuring that all Indians are treated equally and fairly under the law.
Note: There were originally seven Fundamental Rights, but the Right to Property was deleted by the 44th Constitutional Amendment Act, of 1978.
Right to Equality
Equality before the law: Article 14 of the Constitution guarantees that all citizens are equal before the law, and no one can be discriminated against on the basis of religion, race, caste, sex, or place of birth.
Prohibition of discrimination: Article 15 of the Constitution prohibits the State from making any law that discriminates against any citizen on the basis of religion, race, caste, sex, or place of birth.
Equality of opportunity in matters of employment: Article 16 of the Constitution guarantees equality of opportunity in matters of employment for all citizens, regardless of their religion, race, caste, sex, or place of birth.
Abolishes untouchability and prohibits its practice in any form: Article 17 abolishes untouchability and prohibits its practice in any form. This means that no one can be discriminated against on the basis of their caste or social status. The government has taken steps to educate people about the evils of untouchability, and it has also passed laws to protect the rights of the “untouchables.” As a result, the practice of untouchability is now much less common than it was in the past.
Prohibits the State from conferring titles, except military and academic distinctions: Article 18 prohibits the State from conferring titles, except military and academic distinctions. This means that the State cannot give anyone a title, such as “Sir” or “Maharaja,” unless it is a military or academic distinction. The purpose of this article is to prevent the creation of a hereditary aristocracy in India. Article 18 is an important part of the Constitution’s commitment to equality. It ensures that everyone is treated equally, regardless of their social status. It also helps to promote a more meritocratic society, where people are rewarded for their achievements, not their titles.
Right to Freedom
Freedom of speech and expression: Article 19(1)(a) of the Constitution guarantees the freedom of speech and expression to all citizens. This means that everyone has the right to express their opinions freely, without fear of censorship or punishment.
Freedom of assembly: Article 19(1)(b) of the Constitution guarantees the freedom of assembly to all citizens. This means that everyone has the right to assemble peacefully without arms.
Freedom of association: Article 19(1)(c) of the Constitution guarantees the freedom of association to all citizens. This means that everyone has the right to form associations or unions with other people.
Freedom of movement: Article 19(1)(d) of the Constitution guarantees the freedom of movement to all citizens. This means that everyone has the right to move freely throughout India, and to reside in any part of the country.
Freedom of residence: Article 19(1)(e) of the Constitution guarantees the freedom of residence to all citizens. This means that everyone has the right to reside in any part of India, and to change their residence as they please.
Freedom to practice any profession or occupation: Article 19(1)(g) of the Constitution guarantees the freedom to practice any profession or occupation to all citizens. This means that everyone has the right to choose their own profession or occupation, and to practice it without interference from the government.
Right to life and personal liberty: Article 21 guarantees the right to life and personal liberty. This means that no one can be deprived of their life or personal liberty except according to a procedure established by law. The procedure established by law must be fair and just, and it must not be arbitrary or discriminatory. The right to life and personal liberty has been interpreted by the Supreme Court to include a wide range of rights, such as the right to privacy, the right to free movement, and the right to be free from torture or cruel, inhuman, or degrading treatment.
Right against Exploitation
Prohibition of traffic in human beings and forced labour: Article 23 of the Constitution prohibits traffic in human beings and forced labour. This means that no one can be forced to work against their will or to be sold or traded as a commodity.
Right to work: Article 23(1) of the Constitution guarantees the right to work to all citizens. This means that everyone has the right to work, and to be paid a fair wage for their work.
Right to education: Article 21A of the Constitution guarantees the right to free and compulsory education to all children up to the age of 14 years.
Right to form unions: Article 23(2) of the Constitution guarantees the right to form unions to all workers. This means that everyone has the right to form unions with other workers, in order to protect their interests.
Prohibits the employment of children below the age of fourteen years in factories, mines, or other hazardous employment: Article 24 prohibits the employment of children below the age of fourteen years in factories, mines, or other hazardous employment. This means that no child under the age of fourteen can be forced to work in a factory, mine, or other hazardous workplace. The purpose of this article is to protect the health and safety of children.
Article 24 is an important part of the Constitution’s commitment to the welfare of children. It ensures that children are not exploited by employers, and it gives them the opportunity to have a childhood and an education. The prohibition on the employment of children under the age of fourteen in factories, mines, or other hazardous employment has been implemented through the Child Labour (Prohibition and Regulation) Act, of 1986. This Act prohibits the employment of children under the age of fourteen in any hazardous occupation, and it also regulates the employment of children in other occupations.
Right to Freedom of Religion
Freedom of conscience: Article 25(1) of the Constitution guarantees the freedom of conscience to all citizens. This means that everyone has the right to believe in any religion, or no religion at all.
Freedom to profess, practice and propagate religion: Article 25(1) of the Constitution guarantees the freedom to profess, practice and propagate religion to all citizens. This means that everyone has the right to practice their religion freely, and to teach others about their religion.
Freedom to manage religious affairs: Article 26 of the Constitution guarantees the freedom to manage religious affairs to every religious denomination or any section thereof. This means that every religious community has the right to manage its own affairs, without interference from the government.
Cultural and Educational Rights
Right of every religious community or linguistic minority to establish and maintain its own educational institutions: Article 30(1) of the Constitution guarantees the right of every religious community or linguistic minority to establish and maintain its own educational institutions. This means that every religious community or linguistic minority has the right to establish and maintain its own schools and colleges.
Right of the minorities to conserve their culture: Article 30(1) of the Constitution guarantees the right of minorities to conserve their culture. This means that minorities have the right to preserve their own culture and develop it in their own way.
The Right to Constitutional Remedies
The Right to Constitutional Remedies is a Fundamental Right guaranteed by the Constitution of India. It is enshrined in Articles 32 to 35 of the Constitution. This right gives the citizens of India the right to move the Supreme Court or the High Courts for the enforcement of their Fundamental Rights.
Here are the articles related to the Right to Constitutional Remedies in the Indian Constitution:
Article 32: This article guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights.
Article 33: This article empowers the Parliament to modify the right to move the Supreme Court for the enforcement of Fundamental Rights in certain cases.
Article 34: This article empowers the President to suspend the right to move the Supreme Court for the enforcement of Fundamental Rights in certain cases.
Article 35: This article provides for the power of the Supreme Court to issue directions, orders or writs for the enforcement of Fundamental Rights.
The Right to Constitutional Remedies includes the following:
The right to ask for a writ of habeas corpus, which is a writ that demands that a person who has been detained illegally be produced in court.
The right to ask for a writ of quo warranto, which is a writ that asks a person to show by what authority they are holding a public office.
The right to ask for a writ of certiorari, which is a writ that asks a lower court to send up its records to a higher court for review.
The right to ask for a writ of mandamus, which is a writ that orders a public official to perform their duties.
The Right to Constitutional Remedies is a powerful tool for protecting the rights of the citizens of India. It has been used to challenge many laws and government actions that have been seen as discriminatory or unfair. It is an important reminder that the Constitution of India guarantees the rights of all citizens, regardless of their social status or political affiliation.