The Indian Constitution, through Articles 12 to 35, sets essential rights which are known as ‘Fundamental Rights’. These rights are meant to safeguard the dignity and liberty of every individual, whether they are citizens of India or non-citizens of India. Whether it's the Right to Life, the Right to Dignity, or the Right to Education, each right ensures that every citizen is treated equally, fairly, and respectfully.
The Constitution, which was partially adopted on November 26, 1949, contained a Preamble, 395 Articles, and 8 Schedules. But on 26 November, 1950, the remaining provisions of the Constitution came into force, including all fundamental rights, directive principles of state policy, all other provisions, and this day in the Constitution is referred to as the “date of its commencement”
What Are Fundamental Rights?
Fundamental Rights are basic human rights which give protections to citizens of India on the grounds which the Constitution guarantees to every citizen. These fundamental rights are applied without any discrimination and are meant to ensure justice, equality, and freedom for all, regardless of one’s background, religion, gender, caste, or creed. The special thing about these rights is that they are enforceable by law. If someone’s rights are violated, they can directly approach the courts for justice.
Fundamental Rights are borrowed from the Constitution of the USA. Originally, there were 7 Fundamental Rights, which were:
1. Right to equality (Articles 14 to 18)
2. Right to freedom (Articles 19 to 22)
3. Right against exploitation (Articles 23 to 24)
4. Right to freedom of religion (Articles 25 to 28)
5. Cultural and educational rights (Articles 29 to 30)
6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32)
But in the 44th Constitutional Amendment, 1978, Right to Propert (Article 31) was removed from the fundamental rights and placed in legal rights as Article 300A.
How Many Fundamental Rights Are There In Indian Constitution?
Currently, the Indian Constitution guarantees six fundamental rights, each one covered under specific articles:
1. Right to Equality (Articles 14 to 18) – Ensures equal treatment before the law.
2. Right to Freedom (Articles 19 to 22) – Includes freedom of speech, movement, assembly, and personal liberty.
3. Right against Exploitation (Articles 23 to 24) – Prohibits forced labour and child exploitation.
4. Right to Freedom of Religion (Articles 25 to 28) – Protects religious beliefs and practices.
5. Cultural and Educational Rights (Articles 29 to 30) – Safeguards the rights of minorities to preserve their culture and establish educational institutions.
6. Right to Constitutional Remedies (Article 32) – Empowers individuals to move the Supreme Court if any of these rights are violated.
Why Right to Property is removed from the Fundamental Rights?
Initially, the Right to Property was originally included as a fundamental right. However, it was removed in 1978 through the 44th Constitutional Amendment. The reasoning was that it stood in the way of land reforms and wealth redistribution, which were necessary for achieving social and economic equality.
Today, the Right to Property is no longer a fundamental right but is still recognised as a legal right under Article 300A of the Constitution. This means it is protected by law but doesn’t enjoy the same constitutional shield as the other six fundamental rights.
Initially, the Constitution of India had 7 Fundamental Rights borrowed from the Constitution of the USA but the Right to Property was dropped from the Constitution. At present, the Indian Constitution guarantees six Fundamental Rights.
Why Are They Called "Fundamental"?
These rights are considered fundamental for two important reasons:
1. They are guaranteed by the Constitution itself.
2. They are justiciable, which means they can be upheld in a court of law. If someone feels their fundamental rights have been denied or violated, they can file a case and seek legal protection.
This article explains all the Fundamental Rights enjoyed by the citizens of India.
Six Fundamental Rights
1. Right to Equality (Art. 14-18)
Article 14 represents the idea of equality, which states that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Equality before the law is guaranteed to all without regard to race, colour, or nationality.
(Article 15): Non-discrimination on grounds of religion, race, caste, sex, or place of birth
Article 15 states that the state shall not discriminate against any citizen on grounds only of religion, caste, sex, place of birth, or any of them and would not be subject to any disability, liability, restriction, or condition. Nothing in this article shall prevent the state from making any special provisions for women and children.
Nothing in this article or in sub-clause (G) of clause (1) of Article 19 shall prevent the state from making any special provision by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or Scheduled Tribes.
(A woman fetching water from handpump without any discrimination)
(Article 16): Equality of opportunity in public employment
Article 16 states that no citizen shall on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be ineligible for or discriminated against in respect of any employment or office under the state.
It empowers Parliament to make a law prescribing any requirement as to residence within that state or UT prior to employment or appointment in that state or UT. It empowers the state to make special provisions for the reservation of appointments or posts in favour of any backward classes of citizens.
READ| Hijab Controversy: What has Karnataka High Court said so far?
(Article 17): Abolition of Untouchability
Article 17 abolishes Untouchability and forbids its practice in any form. Untouchability refers to a social practice that looks down upon certain oppressed classes solely on account of their birth and makes any discrimination against them on this ground.
(Article 18): Abolition of Titles
Article 18 abolishes all titles and prohibits the state to confer titles on anybody whether a citizen or a non-citizen. However, military and academic distinctions are exempted from the prohibition.
2. (Article 19): Right to Freedom
The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms: 1) Freedom of Speech and Expression, 2) Freedom of Assembly, 3) Freedom to form associations, 4) Freedom of Movement, 5) Freedom to reside and to settle, and 6) Freedom of the profession, occupation, trade, or business.
(Article 20): Protection in respect of Conviction for Offences
Article 20 provides protection against arbitrary and excessive punishment for any person who commits an offence. This article has taken care to safeguard the rights of persons accused of crimes. Moreover, this article cannot be suspended even during an emergency in operation under Article 359.
(Article 21): Protection of Life and Personal Liberty
Article 21 states no person shall be deprived of his life or personal liberty except according to the procedure established by law. However, Article 21 puts a limit on the power of the State given under Article 246, read with the legislative lists. Thus, Article 21 does not recognise the Right to Life and Personal Liberty as an absolute right but limits the scope of the right itself.
(Article 22): Safeguards against Arbitrary Arrest and Detention
Firstly, Article 22 guarantees the right of every person who is arrested to be informed of the cause of his arrest; secondly, his right to consult and to be defended by a lawyer of his choice. Thirdly, every person arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours and shall be kept in continued custody only with his authority.
3. (Articles 23-24): Right against Exploitation
Article 23 prohibits traffic in human beings, women, children, beggars or other forced labour militate against human dignity. Article 24 prohibits employing children below the age of 14 years in any hazardous profession. This right followed the human rights concepts and United Nations norms.
4. (Articles 25-28): Right to Freedom of Religion
Articles 25 and 26 embody the principles of religious tolerance and serve to emphasize the secular nature of Indian democracy, i.e. equal respect to all religions. Article 25 offers freedom of Conscience and Free Profession, Practice, and Propagation of Religion whereas Article 26 helps to manage religious affairs, which is subject to public order, morality, and health, every religious denomination or any section.
Article 27 provides freedom not to pay taxes for religious expenses on the promotion or maintenance of any particular religion. Article 28 prohibits religious instructions in educational institutions wholly maintained by the state.
5. (Articles 29-30): Rights to minorities (cultural and educational rights)
Article 29 provides protection of the interests of minorities. A minority community can effectively conserve its language, script, or culture by and through an educational institution. Article 30 states the rights of minorities whether based on religion or language to establish and administer educational institutions.
The 44th Amendment has abolished the Right to Property as a Fundamental Right guaranteed by Art. 19 (f) and Art. 31 of the Constitution. It is now only a Legal Right under article 300-A, which gives protection against executive action but not against legislative action
6. (Articles 32-35): Right to Constitutional Remedies
Rights, in order to be meaningful, must be enforceable and backed by remedies in case of violation. This article guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights and deals with the Supreme Court’s power to issue orders or writs for the enforcement of Fundamental Rights.
The Supreme Court can issue five types of writs under Article 32:
1. Habeas Corpus: ‘to have the body of’
It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The writ of habeas corpus can be issued against both public authorities as well as private individuals.
2. Mandamus: ‘we command’
It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
3. Prohibition: ‘to forbid’
It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
4. Certiorari: ‘to be certified’ or ‘to be informed’
It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
5. Quo-Warranto: ‘by what authority or warrant’
It is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.
Article 33 empowers Parliament to modify the application of Fundamental Rights to the armed forces or forces charged with the maintenance of public order. On the other hand, Article 35 lays down that the power to make laws to give effect to certain specified Fundamental Rights shall vest only with the Parliament and not with State Legislatures.
Therefore, Fundamental Rights play a significant role because they are most essential for the attainment of the full intellectual, moral, and spiritual status of an individual. Therefore, the objective behind the inclusion of Fundamental Rights in the Constitution was to establish a government of Law to preserve individual liberty, build an equitable society, and establish a welfare state.
Comments
All Comments (0)
Join the conversation