In this Article We will be discussing about the different fundamental rights that are available in India, Importance of Fundamental Rights, Salient Features of Fundamental Rights.
Fundamental Rights of Indian Constitution:
Fundamental rights are the basic or general rights which are enjoyed by the citizens of the country. The Fundamental Rights are named so because they are protected and guaranteed by the Constitution, which is the fundamental law of India. The Fundamental Rights are included in Part III of the Indian Constitution from Articles 14 to Article 35.
Related Post: Difference between Fundamental Rights and Fundamental Duties
Fundamental Rights of Indian Constitution:
Originally, the Indian Constitution provided 7 Fundamental Rights which have now been revised to 6 Fundamental Rights which are as follows-:
- Right to equality (Articles 14–18)
- Right to freedom (Articles 19–22)
- Right against exploitation (Articles 23–24)
- Right to freedom of religion (Articles 25–28)
- Cultural and educational rights (Articles 29–30)
- Right to constitutional remedies (Article 32)
The right to property was deleted from the list of Fundamental Rights by the 44th Constitutional Amendment Act of 1978 and made a legal right under Article 300-A in Part XII of the Indian Constitution. At present, there are only 6 Fundamental Rights.
Right to equality (Article 14 - Article 18)
It guarantees equality before the law and equal protection laws, and prohibits discrimination on certain grounds such as religion, race, caste, sex or place of birth creating equal opportunities. equality in public employment. Abolish the right to be untouchable and ban its practice, Abolish all titles except military and academic.
Right to freedom (Article 19 - Article 22)
Protect the six rights related to freedom of speech and expression, assembly, association, movement, residence and profession. These six rights are protected only against state action and not against individuals.
These rights are not for foreigners but only for citizens. Provides protection against excessive and arbitrary punishment of the accused. It is available to citizens and foreigners. Right to Freedom also provides that no person may be deprived of his life or personal liberty except in accordance with due process prescribed by law. It also stipulates that the State shall provide free and compulsory education to all children between the ages of six and fourteen. It provides protection to people who are arrested or detained.
Right against exploitation (Article 23 - Article 24)
Trafficking, forced labor, and similar forms of forced labor are prohibited. It also prohibits to hire minors under the age of 14 for mining, factories, or other dangerous activities such as construction work or railroads.
Right to freedom of religion (Article 25 - Article 28)
Everyone has the same access to religious freedom, including the right to freely practise, spread, and declare their religion. Each religious group shall be granted the following privileges:
1. Uphold and create institutions with a religious and charitable focus
2. Conduct its own business with regard to religion
3. Purchase and own real estate, both mobile and stationary.
4. Manage such assets in compliance with the law
The phrase "Gives Freedom from Taxation for the Promotion of a Religion" signifies that no one shall be required to pay taxes in order to support or advance any specific religious group or denomination.
Cultural and educational rights (Article 29- Article 30)
Any group of Indian residents, no matter where they live, who have a distinct script, culture, or language is entitled to protect it. No citizen will be excluded on the basis of caste, language, religion, or race from any educational institution supported by the State or receiving financial assistance from State resources. The right to lead and found educational institutions of one's choosing belongs to all minorities.
Right to constitutional remedies (Article 32- Article 35)
Article 32 of the Indian Constitution mentions the right to remedies for the enforcement of a citizen's fundamental rights (if somebody violated the fundamental rights). It is also known as the right to have one's fundamental rights upheld, which is a fundamental right in and of itself. Fundamental rights are made actual by Article 32.
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 |
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