Fundamental Rights in India: An Overview
The fundamental rights in India are the basic human rights that are guaranteed to all citizens by the Constitution of India. They are enshrined in Part III (Article 12-32) of the Constitution and are essential for the proper and harmonious development of personality and life. They apply universally to all citizens, irrespective of their race, place of birth, religion, caste, gender or any other grounds. They are enforceable by the courts, subject to certain restrictions.
The fundamental rights in India have their origins in various sources, such as England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man. They also aim to overturn the inequalities and injustices of pre-independence social practices, such as untouchability, discrimination and exploitation. They also protect the cultural and educational rights of ethnic and religious minorities.
The Constitution of India originally provided seven fundamental rights to its citizens. However, the right to property was removed as a fundamental right by the 44th Constitutional Amendment in 1978 and made a legal right instead. Currently, there are six fundamental rights in India, which are:
| Fundamental Rights | Article Number | Description |
|---|---|---|
| Right to Equality | Article 14 | Ensures equality before the law and equal protection of laws to all persons within the territory of India. |
| Article 15 | Prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. | |
| Article 16 | Guarantees equality of opportunity in matters of public employment. | |
| Article 17 | Abolishes untouchability and forbids its practice in any form. | |
| Article 18 | Abolishes titles and prohibits the State from conferring any titles, except military and academic distinctions. | |
| Right to Freedom | Article 19 | Protects the freedoms of speech and expression, assembly, association, movement, residence, and the right to pursue any profession or occupation. |
| Article 20 | Provides protection against ex post facto laws, double jeopardy, and self-incrimination. | |
| Article 21 | Ensures the protection of life and personal liberty. | |
| Article 21A | Guarantees the right to education for children between the ages of 6 and 14 years. | |
| Article 22 | Protects individuals against arrest and detention in certain cases. | |
| Right against Exploitation | Article 23 | Prohibits trafficking in human beings and forced labor. |
| Article 24 | Prohibits the employment of children below the age of 14 years in hazardous occupations. | |
| Right to Freedom of Religion | Article 25 | Ensures freedom of conscience and the right to profess, practice, and propagate any religion. |
| Article 26 | Grants the right to manage religious affairs and establish religious institutions. | |
| Article 27 | Prohibits the use of public funds for promoting religious activities of any particular religion. | |
| Article 28 | Gives the right to attend religious instruction or worship in certain educational institutions, subject to specified conditions. | |
| Cultural and Educational Rights | Article 29 | Protects the interests of minorities by granting them the right to conserve their distinct language, script, or culture. |
| Article 30 | Provides minorities with the right to establish and administer educational institutions of their choice. | |
| Right to Constitutional Remedies | Article 32 | Grants the right to move the Supreme Court for the enforcement of Fundamental Rights. |
Please note that Article 31 (Right to Property) was removed from the list of Fundamental Rights by the 44th Amendment Act, 1978, and was subsequently made a legal right under Article 300A.
In this article, we will discuss each of these rights in detail and explain their significance and scope.
Right to Equality (Article 14-18)
The right to equality is one of the most important and foundational rights in India. It guarantees equality before law and equal protection of laws to all persons within the territory of India. It also prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. It also abolishes untouchability and titles (except military and academic).
The right to equality includes the following provisions:
- Article 14: Equality before 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
- Article 18: Abolition of titles
The right to equality ensures that every citizen is treated with dignity and respect by the state and society. It also promotes social justice and inclusion by removing barriers and prejudices that hinder the participation and empowerment of marginalized groups.
Right to Freedom (Article 19-22)
The right to freedom is another key right that enables citizens to enjoy civil liberties and express themselves freely. It includes six freedoms that are subject to reasonable restrictions imposed by law in the interests of sovereignty, security, public order, morality, etc.
The right to freedom includes the following freedoms:
- Article 19: Freedom of speech and expression, assembly, association, movement, residence and profession
- Article 20: Protection in respect of conviction for offences
- Article 21: Protection of life and personal liberty
- Article 21A: Right to education
- Article 22: Protection against arrest and detention in certain cases
The right to freedom empowers citizens to voice their opinions, form associations, pursue their occupations, travel within and outside India, access education and seek legal remedies against arbitrary actions by the state. It also safeguards their life and liberty from any unlawful deprivation or violation.
Right against Exploitation (Article 23-24)
The right against exploitation is a humanitarian right that protects citizens from various forms of exploitation and abuse by individuals or groups. It prohibits trafficking of human beings and forced labour, as well as employment of children below the age of 14 years in hazardous occupations.
The right against exploitation includes the following provisions:
- Article 23: Prohibition of traffic in human beings and forced labour
- Article 24: Prohibition of employment of children in factories, etc.
The right against exploitation ensures that citizens are not subjected to any form of coercion or compulsion that violates their dignity or deprives them of their basic rights. It also protects children from being exploited for economic gain or exposed to harmful environments.
Right to Freedom of Religion (Article 25-28)
The right to freedom of religion is a secular right that guarantees religious freedom and tolerance to all citizens. It allows citizens to profess, practice and propagate any religion of their choice, subject to public order, morality and health. It also grants them the freedom to manage their religious affairs and institutions.
The right to freedom of religion includes the following provisions:
- 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 payment of taxes for promotion of any particular religion
- Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions
The right to freedom of religion respects the diversity and pluralism of India’s religious landscape. It also ensures that citizens are not discriminated or coerced on the basis of their religion or forced to contribute to any religious cause.
Cultural and Educational Rights (Article 29-30)
The cultural and educational rights are minority rights that preserve and promote the cultural and educational interests of ethnic and religious minorities in India. They allow minorities to conserve their languages, scripts and cultures, and also establish and administer their own educational institutions.
The cultural and educational rights include the following provisions:
- Article 29: Protection of interests of minorities
- Article 30: Right of minorities to establish and administer educational institutions
The cultural and educational rights recognize the rich and diverse heritage of India’s minority communities. They also enable them to impart education in their own languages and according to their own traditions.
Right to Constitutional Remedies (Article 32)
The right to constitutional remedies is a remedial right that empowers citizens to seek judicial redressal for the enforcement of their fundamental rights. It authorizes the Supreme Court and the High Courts to issue writs for the protection of these rights.
The right to constitutional remedies includes the following provision:
- Article 32: Remedies for enforcement of rights conferred by this Part
The right to constitutional remedies is considered as the heart and soul of the Constitution, as it makes the fundamental rights meaningful and effective. It also acts as a check and balance on the powers of the state and ensures its accountability.
Power of Parliament to modify or regulate the application of fundamental rights (Article 33-35)
In addition to the six fundamental rights, there are three other articles that deal with the power of Parliament to modify or regulate the application of these rights in certain situations. They are:
- Article 33: Power of Parliament to modify the rights conferred by this Part in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order or persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence or persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to above.
- Article 34: Restriction on rights conferred by this Part while martial law is in force in any area within the territory of India.
- Article 35: Legislation by Parliament to give effect to the provisions of this Part and to prescribe punishment for those acts which are declared to be offences under this Part.
These articles enable Parliament to restrict or abrogate some or all of the fundamental rights in certain situations where it is necessary for ensuring proper discharge of duties and maintenance of discipline among certain categories of persons employed by the State or where it is necessary for maintaining or restoring order in any area where martial law is in force. They also enable Parliament to make laws for giving effect to these rights and prescribing punishment for violating them.
These articles are exceptions to the general rule that fundamental rights cannot be abridged or taken away by any authority. They are meant for safeguarding national security, public order, public interest and public welfare in exceptional circumstances.
Conclusion
The fundamental rights in India are the cornerstone of democracy and human dignity. They protect the rights and freedoms of citizens from any infringement by the state or society. They also promote social justice and inclusion by ensuring equality, liberty, fraternity and justice for all. They are an integral part of the Constitution and and together with Fundamental Duties, reflect the aspirations and values of the people of India.
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