Fundamental Rights in Indian Constitution: The Indian Constitution’s fundamental rights include the following: The Constitution, India’s primary law, protects and guarantees the fundamental rights of its citizens. Part III of the Indian Constitution includes Articles 12 to 35, which comprise the fundamental rights. The Indian Constitution’s fundamental rights are derived from or inspired by the Bill of Rights in the United States Constitution. The Magna Carta of India is also known as Part III. It includes a vast and thorough list of “justiciable” fundamental rights.
Fundamental Rights
Fundamental Rights in Indian Constitution: The Indian Constitution has more detailed fundamental rights than any other country’s Constitution. The Constitution guarantees these rights to everyone, without exception. To promote democracy, these are available. They guard people’s rights against the encroachment of the State. They are attempting to build a government not based on men but rather on the rule of law.
In the Indian Constitution, there are fundamental rights
A total of seven fundamental rights were included in the Indian Constitution; however, these have since been reduced to six:
Article 14–18: Right to Equality
Article 19–22: Right to freedom
Articles 23–24: Right Against exploitation
Articles 25–28: Right to Freedom of religion
Articles 29–30: Rights to culture and education
Article 32: Right to Constitutional Remedies
Under Article 300-A in Part VII of the Indian Constitution, a person’s right to property was removed from the list of Fundamental Rights and established a legal right. There are currently just six fundamental rights. The proper explanation is as follows:
| Fundamental Rights | Articles |
| 1. Right to equality | (a) Article 14 – Equal protection of laws and Equality before law. (b) Article 15 – Prohibition of discrimination on grounds of religion, caste, sex, place of birth or race. (c) Article 16 – Equality of opportunity in terms of public employment. (d) Article 17 – Abolition of untouchability and prohibition of its practice. (e) Article 18 – Abolition of titles except military and academic. |
| 2. Right to freedom | (a) Article 19 – Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (b) Article 20 – Protection in a conviction for offences. (c) Article 21 – Protection of life and personal liberty. (d)Article 21A – Right to elementary education. (e) Article 22 – Protection against arrest and detention in certain cases. |
| 3. Right against exploitation | (a) Article 23 – Prohibition of traffic in forced labour and human beings. (b) Article 24 – Prohibition of employment of children in Companies and factories, etc. |
| 4. Right to freedom of religion | (a) Article 25 – Freedom of conscience and free profession, practice and propagation of religion. (b) Article 26 – Freedom to manage religious affairs. (c) Article 27 – Freedom from payment of taxes for promotion of any religion or religious affairs. (d) Article 28 – Freedom from attending religious instruction or worship in certain educational institutions |
| 5. Cultural and educational rights | (a) Article 29 – Protection of language, script and culture of minorities. (b) Article 30 – Rights of minorities to establish and administer educational institutions. |
| 6. Right to constitutional remedies | Article 32 – Right to move the Supreme Court for the enforcement of fundamental rights including the writs of (i) Habeas corpus, (ii) Mandamus, (iii) Prohibition, (iv) Certiorari, (v) Quo war-rento |
Six fundamental rights
The fundamental rights of India are listed and briefly described in this section.
Article 14–18: Right to Equality
The right to equality ensures that everyone has equal ownership regardless of their religion, gender, color, caste, or place of birth. It stops the State from discriminating against people based on their caste, religion, or any other factor regarding employment. Titles and untouchability are both outlawed as part of this right.
Article 19–22: Right to freedom
In any democratic society, freedom is one of the most vital concepts. Indian Citizens hold the right to freedom of expression guaranteed under the country’s Constitution. The right to freedom comprises a wide range of rights, including, but not limited to:
• The right to free speech
• The right to speak one’s mind
• The right to assemble without the use of force
• The right to form one’s organization
• The ability to work in any field
• The right to work and live in any region of the country
State security, public morality and decency, and cordial relations with other countries are among the criteria these rights are granted. Put another way; they are protected from unreasonable limits by the State’s right to regulate them.
Articles 23–24: Right Against exploitation
The ban of human trafficking, beggars, and other forms of forced labor is implicit in this right. It also refers to a prohibition of youngsters working in factories, among other things. Article I, Section 2 of the United States Constitution, prohibits child labor.
Articles 25–28: Right to Freedom of religion
This shows that India’s political system is a secular one. All religions are served with the same level of respect. In this country, religious beliefs are free to express, practice, and propagate. There is no state religion. Religious and benevolent organizations can be founded and maintained by anyone without interference from the government or any other group.
Articles 29–30: Rights to culture and education
Protecting religious, cultural, and linguistic minorities’ rights is one of the primary purposes of these rights. Educational rights strive to ensure that everyone has equal access to education.
Article 32-35: Right to Constitutional Remedies
If people’s fundamental rights are violated, the Constitution provides recourse. The government can’t limit the freedoms of others. Those who feel their rights have been broken can go to court. Individuals can take their complaints to the Supreme Court, which can issue writs to enforce their constitutional rights.
Fundamental Rights for Indian Citizens and not for Foreigners
| Articles | Fundamental Rights |
| 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 19. | Protection of six rights regarding freedom of : (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession |
| Article 21 | Protection of life and personal liberty |
| Article 30 | Right of minorities to establish and administer educational institutions |
Fundamental Rights for both Indian Citizens and Foreigners
| Articles | Fundamental Rights |
| Article 14 | Equality before the law and equal protection of laws |
| Article 20 | Protection in respect of conviction for offences |
| Article 21 | Protection of life and personal liberty |
| Article 21A | Right to elementary education |
| Article 22 | Protection against arrest and detention in certain cases |
| Article 23 | Prohibition of traffic in human beings and forced labour. |
| Article 24 | Prohibition of employment of children in factories etc. |
| Article 25 | Freedom of conscience and free profession, practice and propagation of religion |
| Article 26 | Freedom to manage religious affairs. |
| Article 27 | Freedom from payment of taxes for promotion of any religion |
| Article 28 | Freedom from attending religious instruction or worship in certain educational institutions) |
Characteristics and Features of Fundamental Human Rights
- The enforcement of fundamental rights differs from conventional legal rights. Bypassing the lower courts, an aggrieved individual cannot immediately approach the Supreme Court. First, they should go to the lower courts to seek redress.
- In the United States, sure of the most basic liberties belong to every citizen, while others belong to everyone else (citizens and foreigners).
- Some fundamental rights are not absolute. It indicates that they are subject to the conditions of state security, public morality, and decency, as well as cordial relations with other countries.
- They are justiciable, which implies that courts can enforce them. In a breach of fundamental rights, citizens can immediately approach the Supreme Court.
- As long as a constitutional amendment doesn’t change the Constitution fundamentally, Parliament can amend constitutionally protected fundamental rights.
- During a national emergency, fundamental rights may be suspended. However, Articles 20 and 21 of the Constitution cannot be stopped.
- It is possible to limit the applicability of fundamental rights in a military-controlled region.
FAQs: Fundamental Rights in Indian Constitution:
What are the Indian Constitution’s six fundamental rights?
The Indian Constitution guarantees six fundamental rights: equality before the law, freedom from exploitation, freedom of religion or belief, and the right to an education and cultural heritage, as well as recourse to the courts for violations of these rights.
What does Article 19 have to say about the matter at hand?
To quote from our Constitution, “Protection of 6 rights: speech, expression, assembly, association; mobility; dwelling; and profession” is enshrined in Article 19.
What does Article 51A mean?
Article 51A outlines the essential tasks that every Indian citizen is expected to perform.
Which articles are only for residents of India?
Just these articles, including 15, 16, 19, 21, and 30, is for Indian nationals.
What is Article 21A?
The right to primary education is outlined in Article 21A of the Universal Declaration of Human Rights. It also mandates that all children between the ages of six and fourteen get free and obligatory education from the State.