Fundamental Rights - Articles 12-35 (Part III of Indian Constitution)
Fundamental rights are the basic human rights enshrined in the Part III of Indian Constitution,
(Articles 12-35) which are guaranteed to all citizens. They are applied without discrimination
on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by
the courts, subject to certain conditions.
Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights are
conferred upon the citizens of India for the Constitution tells that these rights are inviolable.
Right to Life, Right to Dignity, Right to Education etc. all come under one of the six main
fundamental rights.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
(a) They are enshrined in the Constitution which guarantees them
(b) They are justiciable (enforceable by courts). In case of a violation, a person can approach
a court of law.
Features of Fundamental Rights (FRs)
(a) Some FRs are available only to citizens: Article 15, 16, 19, 29 and 30
(b) Fundamental Rights are not absolute but qualified. Reasonable restrictions can be
imposed on FRs. The reasonability of such restrictions is decided by the SC.
(c) These rights strike a balance between the rights of the individual and those of the society
as a whole, between individual liberty and social control
(d) Most rights are available against the actions of the state but some are available against the
actions of the private individuals too
(e) Some FRs is negative in character while others are positive. Negative FRs entail
limitations on the government, while positive FRs imposes an obligation on government to
take measures.
(f) FRs are justiciable in nature
(g) FRs are defended and guaranteed by the constitution. Hence, an aggrieved party can
approach the SC for any violation directly rather than by the way of appeal
(h) Parliament can amend the provisions of the FRs by the way of a constitutional
amendment act so long as they do not violate the basic structure of the Indian constitution
(i) FRs can be suspended during the operation of a National Emergency except the rights
guaranteed by Article 20 and 21.
(j) FR can be restricted while martial law is in force
Importance' of Fundamental Rights:
(a) Fundamental Rights create a feeling of security amongst the minorities in the country.
(b) No democracy can function in the absence of basic rights such as freedom of speech and
expression.
(c) Fundamental Rights grant the standards of conduct, citizenship, justice and fair play.
(d) They act as a check on the government.
(e) Fundamental Rights allow human beings to live a dignified life.
(f) Fundamental Rights are extremely important for growth, development and prosperity of a
nation and its citizens.
1. Right to Equality (Articles 14 – 18)****
Right to equality is one of the important fundamental rights of Indian
constitution that 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:
(a) Freedom of speech
(b) Freedom of expression
(c) Freedom of assembly without arms
(d) Freedom of association
(e) Freedom to practice any profession
(f) Freedom to reside in any part of the country
3. Right against Exploitation (Articles 23 – 24)**************
This right implies the prohibition of traffic in human beings, beggar, and other
forms of forced labour. It also implies the prohibition of children in factories,
etc. This 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. Citizens can
even go directly to the Supreme Court which can issue writs for enforcing FR.
