Fundamental Rights
Meaning
The constitution of India set out the basic human rights which are guaranteed to all citizens irrespective if
there caste, creed, religion, gender, race etc. Most importantly, subject to certain condition the
fundamental rights are enforceable by the courts.
Why these rights are called Fundamental Rights?
There are 2 reasons as follows:
They are set out in the constitution of India which guarantees them.
They are enforceable by courts and a person can approach court of law in case of violation of
any fundamental rights.
Fundamental rights
There are 6 fundamental rights which are as follows:
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Right
6. Right to Constitutional Remedies
Note: There was one more fundamental rights in the constitution of India along with the 6 mentioned
above which was Right to Property, but this was removed from the list by the 44th constitutional
amendment.
1. Right to Equality
Right to equality ensures equal rights to all the citizens without any discrimination on the basis of
caste, creed, religion, gender, place of birth etc. It guarantees equal opportunities of employment
in government and state preventing discrimination in matter of employment on the basis of
gender, religion, caste etc. This right also includes eradication of Untouchability.
2. Right to Freedom
Right to freedom ensures freedom to all the citizens and this right includes many such rights
which are as follows:
Freedom of speech- legal right to express ones opinion freely
Freedom of expression- right to communicate ideas without any restrictions
Freedom of association- implies to form or not to form, to join or not to join, an
association or union.
Freedom of assembly without arms- right to hold public meeting without the intervention
of the government
Freedom to reside in any part of the country- right to reside/ live in any part of the
country.
Freedom to practice any profession- citizens can carry on any trade, profession or
occupation based on their choice, provided that the occupation is not illegal.
3. Right against Exploitation
Right against exploitation implies prohibition of human trafficking, forced labour, beggar and this
right also includes prohibition of child labour etc. in the constitution of India employment of
children under 14 years of age in hazardous condition is prohibited. This right also include
prohibition of any act that forces a person to work without any wages where that person was
legally entitled to work or to receive the reimbursement for it, unless and until it is for public
purpose.
4. Right to Freedom of Religion
Right to freedom of religion ensures right to choose any religion i.e. religious freedom and ensures
secular states in India. The constitution of India states that all the religion should be treated
equally and impartially in the states. And that there will not be any official religion for states. It
also implies that every person has the right of freedom of conscience, profession practice and
propagation of religion and can freely practice his or her faith.
5. Cultural and Educational Right
Cultural right secures the right of linguistic minorities, cultural, religious by allowing them to
preserve their heritage and securing them from discrimination. Educational right guarantees
education to each and every individual regardless of their gender, religion, caste etc.
6. Right to Constitutional Remedies
Right to constitution remedies ensures that if any fundamental rights are violated the government
guarantees remedies to its citizen. Citizen can even go to the Supreme Court for enforcement or
protection against violation of fundamental rights. The government cannot break upon or infringe
any citizen’s right.
