Introduction of fundamental rights
Fundamental Rights are rights that every citizen in a country has that are essential to the development of an individual. The Indian Constitution, the longest Constitution in the world, contains the Fundamental Rights of Indian Citizens under Part 3. Articles 12 to 35 are the sections. Six fundamental rights are derived from the Constitution of the U.S.A. There were initially 7 fundamental rights, but the “Right to Property”, later abolished by the 44th Constitutional Amendment of 1978, made it six.
Fundamental Rights of the Indian Constitution
The Indian Constitution outlines six fundamental rights and duties of Indian citizens. These include the right to equality, freedom of religion, culture, education, freedom and right to constitutional remedies. These are the Individual Fundamental Rights and Duties of Indian Citizens:
- Equality before the law
- Freedom of religion
- Freedom of association, peaceful assembly
- Freedom of speech
- Constitutional remedies are available to protect civil rights
Fundamental Rights of Indian Citizens
This is the complete list of Indian Fundamental Rights of the Indian Constitution that every Indian citizen can access with articles. The detailed list of fundamental rights for each article in the Fundamental Rights of the Indian Constitution can be viewed by candidates.
Know about the 6 fundamental rights of the Indian constitution
The Constitution gives people certain inalienable rights that are unalienable and infallible. This allows them to live dignified, meaningful lives. These rights are commonly known as the “Fundamental Rights of the Indian Constitution, ” enshrined in part 3 of the Indian Constitution. These fundamental rights were used to determine the legality of subordinate laws. These fundamental rights are also known as the “Magna Karta of India.”
List of fundamental rights
Six fundamental rights of the Indian Constitution can be broadly divided into the following:
- Right to Equality Article 14-18
- Freedom (Article 19-22).
- Right Against Exploitation (Article 23-24)
- Freedom of religion (Article 26-28)
- Fundamental and Cultural Rights (Article 29-30).
- Constitutional remedies (Article 32–35)
Right to Equality Article 14-18
This article is the foundation of fundamental rights, seeking to eliminate all societal inequalities. Article 14 covers two types of equality: equality before the law or equal protection of the law. The former is a negative concept and provides equal subjection for all citizens before the law, while the latter is a positive concept that provides equal treatment in similar circumstances.
Article 14 does not apply to the exception of reasonable classification. This means that classification of persons may be made based on intelligible differentiation, but a reasonable goal of such classification must accompany it. The process must not be arbitrarily conducted.
Article 15 prohibits discrimination based on race, religion, sex, caste, and place of birth. The article also allows the state to make affirmative discrimination to protect children and women’s welfare and reserve for the economically and socially backward classes. Article 16 guarantees equality in public employment. This article is always contentious due to reservations about the promotion process. Article 17 bans all forms of untouchability within society.
Also Read – Top 20 Most Important One Word Substitution Quiz
Freedom of Expression (Article 19-22).
This right is a sign of the progressive nature of our society. Article 19 of the Constitution guarantees various freedoms, including speech and expression, freedom of movement, trade, and speech. It is important to note that the article is not necessarily absolute. The state can place restrictions on security, public order, and sovereignty. A clause in Article 19 allowed exceptions to justify the recent ban on the Chinese app.
Article 20 contains 3 main points: The criminal legislation cannot be applied retroactively to impose any punishment (2). A person cannot be convicted twice of a similar offence (3). The person cannot be made to testify on his behalf.
Article 21: This article is the most important since its incorporation. It guarantees everyone the right to life, liberty and security in Maneka Gandhi and the Union of India. It was held that the essence of the right to life is in the right to a dignified existence. There are many other aspects, including the right to a dignified burial. To a safe environment. The Constitution made the Right to Life a fundamental right in 2002. Article 22 protects against the arbitrary detention of any person.
Right against Exploitation (Article 23-24)
Article 23 of the Constitution banned trafficking in human beings, beggars, and other forms of forced labour. Important to remember that any payment below the minimum wage attracts the definitions of the beggar as well as the ramifications. Article 24 states that children under 14 years old cannot be employed in dangerous places. The apex court also ruled that construction sites fall within its purview. To enforce the Articles in their spirit, the parliament also passed the Child Labour (Prohibition and Regulation Act, 1986 and Bonded Labour System (Abolition Act, 1976).
Freedom from religion (Article 25–28)
India, being a secular country, allows equal treatment for all religions. According to Article 25, citizens can practise any religion they believe in. This article does not apply to public order or morality. Article 26 allows complete individual autonomy in religion and managing their affairs. They can acquire and hold property on behalf of a religious organization.
Article 27 states that no tax may be imposed solely to promote any religion. Additional Article 28 allows for the distribution of religious instruction within certain institutions. This article expressly forbade religious education in state-run or state-aided organisations.
Fundamental and Cultural Rights (Article 29-30).
They sought to preserve the country’s diversity by protecting the rights of religious, cultural and educational minorities. They have the right to preserve their culture, spirit, and ethnicity under Article 29. They also have the right to create their institutions under Article 30. The National Commission for Minority Educational Institutions was created for this purpose. Article 30 provides for the establishment of madrasas.
Constitutional Remedies (Article32-35)
This article is the spirit and essence of the Constitution. It allows citizens to petition the Supreme Court to enforce their fundamental rights. As a Custodian of fundamental rights, the Supreme Court can issue five types of writs to reverse the damage. The Habeas Corpus writ protects liberty. It’s usually issued in cases of unlawful detention.
The Writ to Certiorari was issued to transfer the case from a lower judge. The Writ of Prohibition can be issued to inject inactivity into the jurisdictional issues. The Mandamus is an order for the government, officers, etc., to perform certain tasks. The writ de quo-warranto, an inquiry of authority, can be used to determine the legality and validity of a claim.
We are very proud of the fundamental rights in the Indian Constitution. They have a significant impact on establishing egalitarian societies by eliminating all inequalities. These rights are a catalyst for the development of individuals without any obstacles, which in turn leads to the growth and prosperity of the country. The non-obstante clause demonstrates the sanctity and value of these rights. It declares that any legal action not in line with the fundamental rights will be null. These rights cannot be waived and are inalienable.