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What are fundamental rights? Explain.
What are fundamental rights? Explain.
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2 Replies
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Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. These rights are given to each and every individual of the country without discrimination on the basis of race, religion, gender, etc.
List of Fundamental Rights
There are six fundamental rights of Indian Constitution along with the constitutional articles related to them are mentioned below:
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)
the fundamental rights in India and briefly described
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
Freedom of speech
Freedom of expression
Freedom of assembly without arms
Freedom of association
Freedom to practise any profession
Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts.
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Fundamental Rights The Fundamental Rights is defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed, or gender. They are enforceable by the courts, subject to specific restrictions. There are six fundamental rights recognized by the Indian constitution :
1. Right to equality (Article 14-18)
(a)Equality before law and equal protection of law (Article 14). (b) Prohibition of discrimination on grounds of religion, race, caste, sex of place of birth (Article 15). (c)Equality of opportunity in matters of public employment (Article 16). (d) Abolition of untouchability and prohibition of its practice (Article 17). (e)Abolition of titles except military and academic (Article 18).
2. Right to freedom (Article 19-22)
(a)Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 19). (b)Protection in respect of conviction for offences (Article 20). (c)Protection of life and personal liberty (Article 21). (d) Right to elementary education (Article 21A). (e)Protection against arrest and detention in certain cases (Article 22).
3.Right against exploitation (Articles 23-24)
(a) Prohibition of traffic in human beings and forced labour (Article 23). (b)Prohibition of employment of children in factories, etc. (Article 24).
4.Right to freedom of religion (Article 25-28)
(a)Freedom of conscience and free profession, practice and propagation of religion (Article 25). (b)Freedom to manage religious affairs (Article 26). (c)Freedom from payment of taxes for promotion of any religion (Article 27). (d)Freedom from attending religious instruction or worship in certain educational institutions (Article 28).
5. Cultural and educational rights (Article 29-30)
(a)Protection of language, script and culture of minorities (Article 29). (b)Right of minorities to establish and administer educational institutions (Article 30).
6.Right to constitutional remedies (Article 32)
(a)Right to move the Supreme Court for the enforcement of fundamental rights including the writs of (i) Habeas Corpus , (ii) Mandamus, (iii) Prohibition, (iv) Certiorari, and (v) quo warranto
