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Fundamental Rights
Fundamental Rights are a set of rights guaranteed to all citizens of a country to
ensure their freedom, dignity, and equality. In India, these rights are enshrined
in Part III of the Indian Constitution (Articles 12 to 35). They form the
cornerstone of democracy in India and are enforceable by the courts.
Here’s a detailed explanation of the six Fundamental Rights in the Indian
Constitution:
1. Right to Equality (Articles 14 – 18)
Purpose:
Ensures equal treatment before the law and equal protection of the laws.
Key Provisions:
Article 14: Equality before the law and equal protection of laws.
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex,
or place of birth.
Article 16: Equality of opportunity in matters of public employment.
Article 17: Abolition of untouchability and prohibition of its practice.
Article 18: Abolition of titles (except for military or academic distinctions).
Example:
Untouchability is a crime; public jobs must be open to all without discrimination.
2. Right to Freedom (Articles 19 – 22)
Purpose:
Guarantees individual freedoms essential for personal development and democracy.
Key Provisions:
Article 19: Six fundamental freedoms: Freedom of speech and expression
Freedom to assemble peacefully
Freedom to form associations or unions
Freedom to move freely throughout India
Freedom to reside and settle in any part of India
Freedom to practice any profession or occupation
Article 20: Protection in respect of conviction for offenses (no ex post facto
laws, no double jeopardy, no self-incrimination).
Article 21: Protection of life and personal liberty.
Article 21A: Right to education (free and compulsory education for children aged 6–
14).
Article 22: Protection against arrest and detention in certain cases.
Example:
You have the right to express opinions freely and move anywhere in India, but
subject to reasonable restrictions (like national security).
3. Right against Exploitation (Articles 23 – 24)
Purpose:
Aims to eliminate exploitation of vulnerable sections of society.
Key Provisions:
Article 23: Prohibition of human trafficking and forced labor.
Article 24: Prohibition of employment of children below 14 years in factories,
mines, or hazardous jobs.
Example:
Child labor in dangerous industries is illegal.
4. Right to Freedom of Religion (Articles 25 – 28)
Purpose:
Guarantees religious freedom and the right to follow one’s faith.
Key Provisions:
Article 25: Freedom of conscience and the right to freely profess, practice, and
propagate religion.
Article 26: Freedom to manage religious affairs.
Article 27: No compulsion to pay taxes for promoting any religion.
Article 28: Freedom from religious instruction in state-funded educational
institutions.
Example:
People can follow any religion or change their religion, subject to public order
and morality.
5. Cultural and Educational Rights (Articles 29 – 30)
Purpose:
Protects the rights of minorities to preserve their culture and establish
educational institutions.
Key Provisions:
Article 29: Protection of interests of minorities to conserve their language,
script, and culture.
Article 30: Right of minorities to establish and administer educational
institutions of their choice.
Example:
Linguistic or religious minorities can set up their own schools or colleges.
6. Right to Constitutional Remedies (Article 32)
Purpose:
Empowers citizens to move the Supreme Court or High Courts to enforce Fundamental
Rights.
Key Provisions:
Article 32: Right to approach the Supreme Court for enforcement of Fundamental
Rights.
Types of writs (issued by courts): Habeas Corpus – "produce the body" (protection
against illegal detention)
Mandamus – "we command" (compel authority to perform duty)
Prohibition – issued to lower courts to stop acting beyond their powers
Certiorari – higher courts reviewing decisions of lower courts
Quo-Warranto – questioning authority of a person holding public office
Example:
If your right to free speech is denied, you can go to court under Article 32.
Special Notes:
Fundamental Rights are not absolute: They are subject to reasonable restrictions
(e.g., for national security, public order, etc.).
They can be suspended during National Emergency, except Articles 20 and 21.
Importance of Fundamental Rights:
Protects individual freedom
Strengthens democracy
Prevents arbitrary actions by the State
Empowers marginalized sections
Ensures rule of law
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