Fundamental Right is a charter of rights contained in the Constitution of India. Fundamental Rights assured all Indians to ensure that we live in peace and harmony as citizens of India. In this article, we look at the Fundamental Rights of Indian citizens as per the Indian Constitution.
The Constitution of India is the supreme law of the land, which lays down the basic framework and principles for the governance of the country. It was adopted by the Constituent Assembly of India on 26th November 1949 and came into effect on 26th January 1950. The Indian Constitution is unique in the sense that it not only guarantees a set of fundamental rights to its citizens but also imposes certain duties and responsibilities upon them. This blog aims to explain the fundamental rights and duties enshrined in the Indian Constitution.
The concept of fundamental rights and duties in the Indian Constitution has evolved significantly since its inception. These elements form the bedrock of Indian democracy, ensuring a balance between individual freedoms and societal responsibilities. Understanding the historical evolution of these rights and duties is crucial to appreciate their current interpretation and application in India’s diverse and dynamic society.
Right to Equality
The Right to equality ensures that every citizen is the same under the law. Hence, any person irrespective of age, gender, caste, creed, religion, language, and social status are considered equal. The Right to equality ensures that all persons are treated equally. The Right to equality discriminates on the grounds of religion, race, caste, gender or place of birth, and equality – illegal in India.
The following Articles in the Constitution ensure the Right to equality for all Indians:
- Article 14: Equality before the law
- Article 15: Prohibition of discrimination on grounds only of sex, religion, race, caste, or place of birth.
- Article 16: Equality of opportunity in matters of public employment
- Article 17: Abolition of untouchability
- Article 18: Abolition of titles, Military, and academic distinctions are exempted
Right to Freedom
Indian Citizens enjoy six freedoms as per the Constitution. The Right to freedom ensures that Indian citizens can carry out their daily lives peacefully without undue restriction, harassment, or oversight by the Government.
Six fundamental freedom provided under Article 19 of the Constitution are:
- Freedom of speech and expression
- Freedom to assemble peacefully without arms
- Freedom to form associations or unions or co-operative societies
- Freedom to move freely throughout the territory of India
- Freedom to reside and settle in any part of the territory of India
- Freedom to practise any profession or to carry on any occupation, trade or business
In addition to Article 19 above, the following Articles of the Constitution ensure the Right to freedom for all Indian Citizens:
- Article 20: Protection in respect of conviction for offences
- Article 21: Protection of life and personal liberty
- Article 22: Protection against arrest and detention in certain cases
Right against Exploitation
All Indian Citizens enjoy a right against being exploited or misused. The Right against exploitation provided under the Constitution protects children, the vulnerable and the poor from bonded labour, child labour, and human trafficking.
The following Articles in the Constitution ensure Right against exploitation for all Indians:
- Article 23: Prohibition of traffic in human beings and forced labour
- Article 24: Prohibition of employment of children (Employment for the Indian below the age of 14 years is not possible.)
Right to Freedom of Religion
India is a secular country with people of different faiths living in harmony. Indian citizens can practice a religion of choice and perform rituals or activities as per their religious customs. According to the Constitution, all religions are equal before the State, and no religion has a preference over the other. Further, Indian Citizens are free to preach, practise, and propagate any religion of their choice.
The following Articles in the Constitution ensure the Right to freedom of religion:
- Article 25: Freedom of conscience and free profession, practice and propagation of religion
- Article 26: Freedom to manage religious affairs
- Article 27: Freedom to pay tax for promotion of any particular religion – No person is compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination
- Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Cultural and Educational Rights
The Cultural and Education Rights in the Constitution protect the rights and customs of the minorities. Further, the Constitution provides for any community that has a language, and a script of its own has the Right to conserve and develop it.
The following Articles in the Constitution protect cultural and education rights:
- Article 29: Protection of interests of minorities
- Article 30: Right of minorities to establish and administer educational institutions
Right to Constitutional Remedies
Right to Constitution Remedies empowers Indian citizens to approach a court of law, in case of any denial of the fundamental rights. This Right gives also empowers Courts to preserve or safeguard the citizens’ fundamental rights as laid out in the Constitution.
- Article: 32: Remedies for enforcement of rights
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