FUNDAMENTAL RIGHTS IN INDIAN CONSTITUTION
TheĀ Fundamental Rights in IndiaĀ enshrined in Part III of theĀ Constitution of India guaranteeĀ civil liberties such that all Indians can lead their lives in peace and harmony asĀ citizens of India.
The development of Fundamental Rights in India is heavily inspired by the United States Bill of Rights. These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.
- Fundamental Rights are included in Part-III of the Indian constitution which is also known as the Magna Carta of the Indian Constitution.
- These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated.
Ā the Indian Constitution provided 7 Fundamental Rights which have now been revised to 6 Fundamental Rights which are as follows-:
Originally Right to property (Article 31) was also included in the Fundamental Rights. However, by the 44th Constitutional Amendment Act, 1978, it was deleted from the list of Fundamental Rights and made a legal right under Article 300A in Part XII of the constitution.
1. Right to equality (Articles 14ā18)
Ā 2. Right to freedom (Articles 19ā22)
Ā 3. Right against exploitation (Articles 23ā24)Ā
4. Right to freedom of religion (Articles 25ā28)Ā
5. Cultural and educational rights (Articles 29ā30)
Ā 6. Right to constitutional remedies (Article 32)
Features of The Fundamental Rights
Some of the salient features of Fundamental Rights include:
- FRs are protected and guaranteed by the constitution.
- FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for a fixed period of time. However, the court has the power to review the reasonability of the restrictions.
- FRs are justiciable: The constitution allows the person to move directly to the Supreme Court for the reinforcement of his fundamental right as and when they are violated or restricted.
- Suspension of Fundamental Rights: All Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Articles 20 and 21.
- Restriction of Fundamental Rights: The Fundamental Rights can be restricted during military rule in any particular area.
| Fundamental Rights | Articles |
| 1. Right to equality | (a) Article 14 ā Equal protection of laws and equality before the law (b) Article 15 ā Prohibition of discrimination on grounds of religion, caste, sex, place of birth, or race. (c) Article 16 ā Equality of opportunity in terms of public employment. (d) Article 17 ā Abolition of untouchability and prohibition of its practice. (e) Article 18 ā Abolition of titles except military and academic. |
| 2. Right to freedom | (a) Article 19 ā Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (b) Article 20 ā Protection in a conviction for offenses. (c) Article 21 ā Protection of life and personal liberty. (d)Article 21A āĀ Right to elementary education.ā (e) Article 22 āĀ Protection against arrest and detention in certain cases. |
| 3.Ā Right against exploitation | (a) Article 23 ā Prohibition of traffic in forced labour and human beings. (b) Article 24 ā Prohibition of employment of children in Companies and factories, etc. |
| 4. Right to freedom of religion | (a) Article 25 ā Freedom of conscience and free profession, practice, and propagation of religion .(b) Article 26 ā Freedom to manage religious affairs. (c) Article 27 ā Freedom from payment of taxes for promotion of any religion or religious affairs. (d) Article 28 ā Freedom from attending religious instruction or worship in certain educational institutions |
| 5. Cultural and educational rights | (a) Article 29 ā Protection of language, script, and culture of minorities.Ā (b) Article 30 ā Rights of minorities to establish and administer educational institutions. |
| 6. Right to constitutional remedies | Article 32 ā Right to move the Supreme Court for the enforcement of fundamental rights including the writs of (i)Ā Habeas corpus,Ā (ii) Mandamus,Ā Ā Ā (iii) Prohibition, (iv) Certiorari, (v) Ā Quo warrento |
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