Fundamental rights of India

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Fundamental rights definition

The Fundamental rights are named so because they are guaranteed and protected/safeguarded by the fundamental law of any country i.e by the Constitution of the country.

They are “Fundamental” also because they are the most important for the overall development of the individual person in terms of material, intellectual, spiritual, and moral.

what are fundamental rights?

Fundamental rights are given in Part III of the Constitution of India from Articles 12 to 35. They are borrowed from the Constitution of the USA.

Part III of the Constitution of India is described as the “Magna Carta” of India.

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How many fundamental rights?

Originally Constitution of India had the seven Fundamental rights. But Right to Property (Article 31) was deleted by the 44^th Amendment Act of 1978. And it was made the Legal right under Article- 300A in part XII of the Constitution of India.

Features of Fundamental Rights of India

Following are the features of the Fundamental rights of India:

• Some of the Fundamental rights are available only to the citizen of India, while only a few of the Fundamental rights are available to all persons i.e foreigners or legal persons like corporations or companies.
• The state can impose some reasonable restrictions on the Fundamental rights but that restriction should be reasonable, that’s why Fundamental rights are not absolute but qualified.
• There will be legal remedies, not constitutional remedies when the Fundamental rights of any person is violated by any private individual.
• They are not permanent or sacrosanct.
• Fundamental rights can be suspended during the National Emergency except the articles 20 and 21.
• Fundamental rights under Article 19 are suspended only when an emergency is declared on the ground war or external aggression (external emergency) not on the ground of Armed rebellion (Internal Emergency).
• Their scope of operation is limited by Article 31A, Article 31B, and Article 31C.
• Application of the Fundamental Rights to the members of Armed forces, Para-military, police, etc. is restricted under article 33.

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List of Fundamental Rights of Indian Constitution

Right to equality (Article 14-18)

Article 14

Equality before the law and equal protection of laws.

Article 15

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 16

Equality of opportunity in matters of public employment.

Article 17

Abolition of untouchability and prohibition of its practice.

Article 18

Abolition of titles except military and academic.

Right to Freedom (Article 19-22)

Article 19

Says that all citizens shall have the right:

1. Freedom of speech and expression.
2. Assemble peacefully and without arms.
3. To form associations or unions.
4. To move freely throughout the territory of India.
5. Reside and settle in any part of the territory of India.
6. Practice any profession, or carry on any occupation, trade, or business.

Article 20

The protection in respect of conviction for offenses is dealt with under this article.

Article 21

It gives protection of life and personal liberty.

Article 21 A

It gives the right to elementary education.

Article 22

It gives protection against arrest and detention in certain cases.

Right against Exploitation (Article 23-24)

Article 23

It put the prohibition of traffic in human beings and forced labor.

Article 24

It put the prohibition of employment of children in factories etc.

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Right to Freedom of Religion (Article 25-28)

Article 25

The freedom of conscience and free profession, practice, and propagation of religion is dealt with under this article.

Article 26

It gives them the freedom to manage religious affairs.

Article 27

It gives the freedom as to payment of taxes for the promotion of any particular religion.

Article 28

It gives freedom to everyone as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights (Article 29-30)

Article 29

It gives protection to the script, language, and cultural minorities.

Article 30

It gives the right to minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Article 32)

Article 32

It gives right to move to the Supreme Court for the enforcement of fundamental rights including the writs of:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo war-rento

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