Fundamental Rights

Articles 12 and 35 of the Indian Constitution deal with Fundamental rights. The concept of Fundamental rights comes from the United States Constitution, but the Fundamental rights in our Constitution are more elaborate than in the United States. Fundamental rights are guaranteed by the Constitution to all citizens of the country without discrimination. The first request for Fundamental rights came in the form of the Swaraj Act in 1895. Fundamental rights were incorporated into the Constitution of India because they were considered necessary for the development of each individual’s personality and personality and the maintenance of human dignity. These Fundamental rights not only helps to protect human rights and dignity, but also prevent human rights abuses. In the case of infringement of Fundamental rights, the Supreme Court may issue writs such as Habeas Corpus, Mandamus, Prohibition,Certiorari, and Quo warranty. The purpose of Fundamental rights is to promote the ideals of political democracy. The Constitution of India stipulates the following seven Fundamental rights-

  • 1.Right to equality
  • 2. Right to freedom
  • 3. Right against exploitation
  • 4.Right to Freedom of Religion
  • 5. Cultural and educational rights
  • 6.Right to Property
  • 7. Right to Constitutional Remedies
  • However, Right to property were removed by the 44th Constitutional Amendment Act of 1978 and removed from the list of Fundamental rights. Currently, it is a statutory right under Section 300A. Therefore, there are currently six Fundamental rights.

1. Right of Equality -Articles 14-18 deal with the right of equality. Article 14 clarifies that the state must not deny equality before the law, and Article 15 does not discriminates citizens based on religion, caste, race, gender, or place of birth.Article 16 provides for equality of opportunity for all citizens. Article 17 abolishes “untouchable” and Article 18 abolishes the title.

2. Right of Freedom -Articles 19-22 deal with the right to freedom. Article 19 grants all citizens the right to freedom of expression, the right to establish an association and the right to practice any profession. Article 20 protects the accused from arbitrary and excessive punishment. Article 21 makes it clear that no one shall be deprived of his or her life or personal liberty except in accordance with the procedures stipulated by law. Article 21A states that the state should provide free compulsory education for all children aged 6 to 14, and Article 22 provides protection from arrest and detention.

3. Right against Exploitation- Articles 23 and 24 deal with the right against exploitation. Article 23 prohibits trafficking and forced labor, and Article 24 prohibits the employment of children under the age of 14 in factories, mines, construction works, etc.

4. Right to Freedom of Religion -Articles 25-28 deals with the right to freedom of religion. Article 25 recognizes freedom of conscience, free occupation and dissemination of religion, Article 26 recognizes freedom to manage religious issues, Article 27 recognizes freedom of taxation on the promotion of religion, and Article 28 grants freedom from attending Religious Instruction.

5. Cultural and educational rights- Articles 29-30 deal with cultural and educational rights. Article 29 protects the interests of minorities and Article 30 gives minorities the right to establish and operate educational institutions.

6.Right to Constitutional Remedies- Article 32 deals with this provision. Dr BR Ambedkar called this right the “heart and soul” of the Indian Constitution. It gives the right to protect the fundamental right and is itself a fundamental right. Under this article, the Supreme Court has the authority to issue Writs.