Fundamental Rights of Indian Constitution: The Backbone of Freedom

The fundamental freedoms and liberties of citizens are safeguarded by the Indian Constitution, which enshrines these rights. These rights are regarded as essential because they are necessary for a democratic society and are fundamental to the growth of the human personality. Let us examine the main points of the Fundamental rights of Indian constitution.

What is Fundamental Rights?

All Indian citizens are entitled to the fundamental rights, which are the basic human rights upheld by the Indian Constitution. The Rights were applicable without regard to factors such as gender, race, or religion. Importantly, the courts can uphold fundamental rights if certain requirements are met.

These rights are known as fundamental rights for two reasons: first, the Constitution guarantees them; second, they are subject to justiciability, which means that courts can enforce them. If there is a violation, someone can go to court.

List of Fundamental Rights of Indian Constitution

Fundamental RightDescription
Right to Equality (Articles 14-18)consists of equality before the law, the outlawing of discrimination based on sex, race, religion, caste, or place of birth, and equal access to public employment opportunities.
Right to Freedom (Articles 19-22)Encompasses freedom of speech and expression, the right to assemble peacefully and without arms, the right to form associations or unions, the right to move freely throughout the territory of India, and the right to reside and settle in any part of India.
Right Against Exploitation (Articles 23-24)Prohibits traffic in human beings and forced labor. Also, it prohibits employment of children below the age of 14 in factories, mines, or other hazardous employment.
Right to Freedom of Religion (Articles 25-28)The right to profess, practice, and propagate religion, as well as freedom of conscience, are guaranteed. Also ensures the right to manage religious affairs.
Cultural and Educational Rights (Articles 29-30)Protects the interests of minorities by allowing them to establish and administer educational institutions of their choice. guarantees that no citizen will ever have their admission to a school denied due to their race, religion, caste, language, or any combination of these.
Right to Constitutional Remedies (Article 32)Provides the right to approach the Supreme Court of India for the enforcement of Fundamental Rights. Considered a fundamental right in itself.

Features Fundamental Rights of Indian Constitution

  • Only citizens may access Articles 15, 16, 19, 29, and 30, while both citizens and lawful foreigners may access the remaining articles.
  • Since reasonable restrictions are placed on its availability to the public, they are qualified rather than absolute.
  • The majority of Fundamental Rights are protected from the state’s capricious actions. They are justifiable because anyone can file a lawsuit to have their fundamental rights upheld if they are violated.
  • The Indian Higher Courts guarantee and preserve them.
  • They are not unchangeable since the Fundamental Rights are subject to repeal through the process of constitutional amendment.
  • Except for the rights guaranteed by Articles 20 and 21, all fundamental rights may also be suspended during a national emergency.

List of Fundamental Rights

  • Right to Equality (Article 14-18)
  • Right to Freedom (Article 19-22)
  • Right against Exploitation (Article 23-24)
  • Right to Freedom of Religion (Article 25-28)
  • Cultural and Educational Rights (Article 29-30)
  • Right to Constitutional Remedies (Article 32)

Why was Article 31 Removed?

The Right to Property is no longer included in the list of fundamental rights, as stated in Article 31. According to the Indian Constitution, property rights are no longer regarded as fundamental rights. The Indian Constitution’s 44th amendment, adopted in 1977, brought about this modification. One fundamental right that was eliminated was the ability to own, acquire, and dispose of property.

FAQ of Fundamental Rights of Indian Constitution

Q1. Which section of the Indian Constitution addresses basic rights?

Ans. The third section of the Indian constitution addresses fundamental rights. Articles 12 through 35 of Part 3 contain the six essential fundamental rights. Articles 12 and 13 discuss judicial review and the definition of the state.

Q2. In India, who is eligible for fundamental rights?

Ans. All Indian citizens are entitled to fundamental rights, irrespective of their caste, religion, gender, or place of birth.

Q3. Is it possible to limit or suspend fundamental rights?

Ans. Yes, there are circumstances in which the government may restrict certain fundamental rights, such as during a state of emergency.

Q4. Why are fundamental rights necessary?

Ans. Establishing “a government of law and not of man” is the primary goal of the Constitution’s inclusion of fundamental rights. The significance of Fundamental Rights was underscored by Justice Bhagwati in the Maneka Gandhi v. Union of India case.

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