FUNDAMENTAL RIGHTS: BASIC INTRODUCTION

FUNDAMENTAL RIGHTS

What are we having this liberty for? We are having this liberty in order to reform our social system, which is full of inequality, discrimination and other things, which conflicts with our fundamental rights. – Dr. B.R. Ambedkar

INTRODUCTION

Fundamental Rights are provided under Part- III of the Indian Constitution from Article 12-35. Fundamental Rights are the basic human rights guaranteed to the citizens India by the Constitution, without any discrimination.

Did you know that Part III of the Constitution of India is also known as Magna Carta of India.

Note: Magna Carta was the first written document related to the Basic Right to the citizens.

Initially, there were 7 fundamental rights provided to the citizens, but now there are 6 fundamental rights provided to the citizens of India, named-

 Right to equality (Article 14-18)

 Right to freedom (Article 19-22)

 Right against exploitation (Article 23-24)

 Right to freedom of religion (Article 25-28)

 Cultural and educational rights (Article 29-30

 Right to Constitutional Remedies (Article 32)

And the seventh fundamental right was Right to property, which removed by 44th Constitutional Amendment. And now Right to property is a legal right provided under Article 300A in Part XII of Indian Constitution.

Now, let’s discuss about these fundamental rights in brief.

RIGHT TO EQUALITY

The right to equality is the most important right provided to the citizens of India because it provides equal rights to all the citizens of India without any discrimination of race, caste, religion, language, gender, etc. It is provided under Articles 14-18 of the Indian Constitution. It also abolishes untouchability and titles.

RIGHT TO FREEDOM

India Constitution guarantees right to freedom to every citizen because, it is the most essential right, which can be guaranteed and cherished.

Right to freedom includes-

• Freedom of Speech and Expression 
• Freedom to assemble without arms
• Freedom of Association 
• Freedom to Practice any occupation 
• Freedom to reside at any part comes under the territory of India.

RIGHT AGAINST EXPLOITATION 

Right against exploitation deals under Article 23 and 24 of the Indian Constitution, which states right against exploitation, dignity and it also prohibits human trafficking and various forms of forces labour.

No one can force any individual into labour activities without their will. 

And every labour can be paid a decent amount of their work.

No one can force any child to be labour who are below 14 years, it is a illegal practice.

RIGHT TO FREEDOM OF RELIGION 

As the Preamble of our Indian Constitution states that India is a secular state. So here all religions get equal respect and also get freedom to practice, profess and propogate any religion. And they also have right to establish and maintain their religious institutions.

CULTURAL AND EDUCATIONAL RIGHTS 

Cultural and educational rights refer to the rights which guaranteed to individuals and communities in terms of preserving their culture, language, and educational institutions. These rights are also enshrined in national constitutions or international human rights instruments to ensure diversity, identity preservation, and access to education. They includes-

•  right to education in one's own language

•  access to cultural institutions

•  protections against discrimination based      on cultural or educational background.

RIGHT TO CONSTITUTIONAL REMEDIES 

The Indian Constitution empowers the fundamental rights to every citizens and also guarantees them the remedies, if any of their fundamental rights got infringed, by any state or any individual.

And also, when these rights gets infringed, then the aggrieved party have right to directly approach to the Supreme Court of India, which can issue writ for enforcing fundamental rights.

FEATURES OF FUNDAMENTAL RIGHTS

• Some fundamental rights are only provided for the citizens of India, but some rights are provided for both citizens and foreigners.

• These rights are not absolute, state can impose reasonable restrictions on them, whereas the court will decide whether these restrictions are reasonable or not.

• These rights are justiciable; the individual have right to move to the court on the violation of these rights.

• These rights can be suspended during the operation of a National Emergency except Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when an emergency is declared on the grounds of war or external aggression i.e., external emergency and not on the ground of armed rebellion, which is an internal emergency.

• These rights are not sacrosanct or permanent. Parliament have the power to amend these rights but without disturbing basic features of the constitution.

• All the fundamental rights are provided against the arbitrary actions of the state.

• Individuals have the power to directly move to the Supreme Court on the violation of their fundamental rights.

• Some fundamental rights are negative in nature, which means they impose some restrictions on the state. On the other hand, some are positive in nature, which provides certain privileges to the citizens.

Fundamental rights are essential pillars of democracies that ensures individual liberties, equality, and justice. These rights protects citizens from arbitrariness of the state. Upholding fundamental rights fosters societal cohesion and progress, embodying the core values of democracy and human rights.

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