Fundamental rights are covered under articles 12-35 of the Indian constitution. These human rights are given to Indian citizens because the Constitution states that they are inviolable. Fundamental rights are regarded as an essential aspect of the Indian Constitution for the development of each individual’s personality and the preservation of human dignity. Fundamental rights are included in Part III of the Indian constitution which is popularly known as the Indian Constitution Magna Carta.
What are the Fundamental Rights?
Fundamental rights are the basic human rights established under the constitution of India guaranteed to all citizens of the country. They are applied without any discrimination based on race, religion, gender, or other factors. These rights, in particular, are enforceable by the courts, subject to specific conditions.
According to Wikipedia, Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution or have been found under due process of law.
Features of Fundamental Rights
- The constitution protects and guarantees fundamental rights.
- Some Fundamental Rights are only available to Indian citizens, while others are available to everyone, including Indian citizens, foreign nationals, and businesses and corporations.
- The state can limit these rights in legitimate ways, making them conditional rather than absolute.
- The Supreme Court of India defends and guarantees these fundamental rights, therefore an aggrieved party can take their case directly to the Supreme Court if their rights are violated.
- Except for the rights provided under Articles 20 and 21, all Fundamental Rights are suspended during National Emergencies.
- During military control, fundamental rights can be restricted in any particular area.
General Rights
Article 12 – In this article,the definition of fundamental rights is given.
Article 13 – This Article comprises Laws of inconsistent with or in derogation of the Fundamental Rights.
The Six Fundamental rights in India
- Right to Equality – Article 14-18 deals with this right.This right guarantees equal rights to everyone, Irrespective of their gender, religion, caste, etc. It guarantees equitable job opportunities in the government and protects against discrimination in employment by the state based on caste, religion, and other factors.
- Right to Freedom – Article 19-22 deals with this right.Citizens in India are guaranteed freedom under the Indian Constitution. The right of freedom includes many rights such as :
- Freedom of speech
- Freedom of expression
- Freedom of association
- Freedom to reside in any part of the country.
- Freedom to practice any profession
- Right against Exploitation – Articles 23 and 24 deal with this right. This right implies that human exploitation, beggaring, and other forms of forced labour are prohibited and children under the age of 14 are not allowed to work in hazardous conditions, according to this right.
- Right to Freedom of Religion – Article 25-28 deals with this right. Articles 25 to 28 imply that the State will not discriminate, patronise or meddle in the profession of any religion as the state has no official religion. The constitution has given equal respect to all religions. Every individual has the freedom to freely exercise his or her religion, as well as to establish and maintain religious and philanthropic organisations.
- Cultural and Educational Rights – Articles 29 and 30 deal with this right. These rights protect religious, cultural, and linguistic minorities’ rights by facilitating them to preserve their heritage and culture. Educational rights aim to ensure that everyone has access to quality education, regardless of their background.
- Right to Constitutional Remedies – Articles 32-35 deal with this right.If citizen’s fundamental rights are violated, the Constitution provides for remedies. No one’s rights can be infringed upon or curtailed by the government. When these rights are violated, the aggrieved party has the option of filing a lawsuit in court. Citizens can also go straight to the Supreme Court, which has the power to issue writs to enforce fundamental rights.