Table of Contents
The Fundamental Rights of India are basic human freedoms enshrined in Part III (Article 12-35) of the Constitution of India. These rights are essential for the all-round development of individuals and are guaranteed to all citizens, allowing them to lead their lives in peace and harmony. The six fundamental rights include the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Constitutional Remedies, and Cultural and Educational Rights. These rights are enforceable by the courts and are designed to prevent the state from encroaching on an individual’s rights. They emphasize the fundamental unity of India by guaranteeing access and use of the same facilities to all citizens, irrespective of background
6 Fundamental Rights of India
The six fundamental rights of India are essential human rights guaranteed by the Constitution of India. Below we have discussed 6 fundamental rights of india
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Right to Constitutional Remedies
- Cultural and Educational Rights
Importance of Fundamental Rights in India
- The fundamental rights of India are essential for safeguarding the people’s liberties and are the backbone of the country.
- They are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justiciable.
- The Constitution offers all citizens, individually and collectively, some basic freedoms, and these rights are conferred upon the citizens of India.
- The Supreme Court is the guardian of Fundamental Rights in India and can issue writs directing the State Machinery for the enforcement of the fundamental rights.
- These rights are known as “fundamental” as they are the most essential for all-round development and are protected by the fundamental law of the land, i.e., the constitution.
- Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to the discretion of the judiciary.
- The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the right.
- The six fundamental rights are the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Constitutional Remedies, and Cultural and Educational Rights.
Fundamental Rights of India in Hindi
- समानता का अधिकार
- स्वतंत्रता का अधिकार
- शोषण के विरुद्ध अधिकार
- धर्म की स्वतंत्रता का अधिकार
- सांस्कृतिक और शैक्षिक अधिकार
- संवैधानिक उपचार का अधिकार
Fundamental Rights and Duties of India
The Fundamental Rights and Duties of India are two important concepts enshrined in the Constitution of India. The Fundamental Rights are the basic human rights guaranteed to all citizens of India, while the Fundamental Duties are the moral obligations of all citizens to help promote a spirit of patriotism and uphold the unity of India
Fundamental Rights
- The six fundamental rights are:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Right to Constitutional Remedies
- Cultural and Educational Rights
- These rights are guaranteed to all citizens of India and are enforceable by the courts.
- The Fundamental Rights are designed to prevent the state from encroaching on an individual’s rights.
Fundamental Duties
- The Fundamental Duties are the moral obligations of all citizens to help promote a spirit of patriotism and uphold the unity of India.
- The Fundamental Duties were added to the Indian Constitution by the 42nd Constitution Amendment Act 1976.
- The Fundamental Duties are focused on promoting the collective good and ensuring that citizens contribute to the welfare of the country and their fellow citizens.
- Some of the key Fundamental Duties include abiding by the Constitution and respecting its ideals and institutions, cherishing and following the noble ideals which inspired our national struggle for freedom, upholding and protecting the sovereignty, unity, and integrity of India, and promoting harmony and the spirit of common brotherhood amongst all the people of India
6 Fundamental Rights of India in Detail
Right to Equality
The Right to Equality in India is a fundamental right that ensures all citizens are treated fairly and equally under the law, regardless of their religion, caste, or gender. This right is enshrined in Article 14 of the Constitution of India and is essential for the all-round development of individuals. The importance of this right can be summarized as follows:
- Equal treatment: The Right to Equality guarantees that all citizens are treated fairly and equally, ensuring that no one is discriminated against based on their religion, caste, or gender.
- Justice and fairness: This right promotes justice and fairness in society, as it prevents unfair treatment and discriminatory practices. It ensures that everyone has an equal opportunity to access resources, education, and employment.
- Social harmony: The Right to Equality contributes to social harmony by discouraging prejudice and promoting unity among different sections of society. It helps in creating a more cohesive and harmonious society.
- Rule of law: This right strengthens the rule of law by ensuring that all citizens are treated fairly and equally under the law. It prevents arbitrary and unjust actions by the state or individuals.
Right to Freedom
The Right to Freedom is a fundamental right guaranteed by the Constitution of India. It includes various freedoms such as freedom of speech and expression, freedom of assembly, freedom to form associations, freedom of movement, freedom to reside and settle in any part of the territory of India, and freedom of profession, occupation, trade, or business. This right is essential for the all-round development of individuals and is enforceable by the courts, ensuring that the state does not encroach upon the rights of the citizens
The history of the Right to Freedom can be traced back to the freedom struggle of India, where the leaders and activists fought for the independence of the country and the rights of its citizens. The importance of this right lies in its ability to safeguard the liberties of the people and promote a democratic and egalitarian society
Right against Exploitation
The Right against Exploitation is a fundamental right enshrined in the Constitution of India under Articles 23 and 24. It prohibits all forms of forced labor, child labor, and human trafficking, and aims to prevent the exploitation of weaker sections of society by individuals or the state. The practice of exploitation violates the basic concept of the Indian Constitution and opposes the Directive Principle of State Policy given under Article 39, which stimulates economic equality among individuals. The right against exploitation is designed to protect the dignity and freedom of individuals and is enforceable against both the state and private individuals. Article 23 prohibits human trafficking, making it an offense punishable by law, and also prohibits forced labor or any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. The right against exploitation is a crucial fundamental right that ensures the protection of the weaker sections of society and upholds the dignity and freedom of individuals.
Right to Freedom of Religion
The Right to Freedom of Religion is a fundamental human right that protects the conscience of all people, allowing them to think, express, and act upon their deeply held beliefs. This right has been a core value in America since its founding, even though it has been contested and difficult to live out perfectly. The First Amendment to the U.S. Constitution guarantees the separation of church and state, which has helped the country avoid many religious conflicts that have torn other nations apart. The importance of the Right to Freedom of Religion can be summarized as follows:
- It allows different faiths and beliefs to flourish, contributing to the diversity and richness of society.
- It protects the rights of all groups and individuals, including the most vulnerable, whether religious or not.
- It ensures that the government does not encroach upon an individual’s religious beliefs, allowing them to practice, profess, and propagate any religion of their choice or choose not to follow any religion at all.
- It promotes social harmony and prevents religious conflicts from escalating into larger disputes, as seen in the United States.
In India, the Right to Freedom of Religion is a key feature of the six fundamental rights guaranteed to citizens, ensuring that the state does not infringe upon an individual’s religious beliefs
Right to Constitutional Remedies
The Right to Constitutional Remedies is a fundamental right guaranteed under Article 32 of the Indian Constitution. It empowers citizens to seek justice and protection of their rights through the Indian courts, making it one of the most powerful legal remedies available to citizens. This right allows individuals to directly approach the Supreme Court or High Court in the event of a violation of their fundamental rights and seek remedy in the form of writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari. It serves as a safeguard for the protection of the fundamental rights of citizens, ensuring access to justice and the rule of law in the country. Dr. Bhim Rao Ambedkar considered the right to constitutional remedy as the heart and soul of the constitution, emphasizing its significance in the Indian constitutional framework.
Cultural and Educational Rights
Cultural and Educational Rights are guaranteed under Articles 29 and 30 of the Indian Constitution. These rights are designed to protect the interests of linguistic and religious minorities in India, allowing them to preserve their culture, script, or language. Article 29 ensures that no State educational institute or any institute receiving aid from the state shall discriminate against anyone based on race, caste, creed, etc. Article 30 gives minorities the right to establish and administer educational institutions of their choice, free from external control. The state can regulate the management of such institutions, including fee structure, admission of students, and employment of teachers. These rights are aimed at minority rights protection, although the meaning of “minority” varies in both the sections. The Cultural and Educational Rights are essential for the all-round development of individuals and are designed to ensure that the state does not encroach upon an individual’s cultural and educational beliefs
Guardian of Fundamental Rights in India
The guardian of Fundamental Rights in India is the Supreme Court. It is responsible for ensuring that the Fundamental Rights are guaranteed to every citizen and that they are granted to all the citizens of India. The Supreme Court can issue writs under Articles 32 and 226 of the Constitution, directing the State Machinery for the enforcement of the fundamental rights. These rights are essential for the all-round development of individuals and are designed to prevent the state from encroaching upon an individual’s rights
| Capital of Punjab | List of US State Capitals |
| 7 Continents and 5 Oceans | Most Populated States in India |
| Capital of Sikkim | Capital of Haryana |
| Capital of Tamil Nadu | Capital of Gujarat |
Fundamental Rights of India
The Constitution of India, which was adopted in 1950, guarantees several fundamental rights to its citizens. These rights represent the values of the Indian democracy and are regarded as essential for the proper moral and material development of citizens. Here are the seven fundamental rights enshrined in the Indian Constitution:
- Right to Equality: This includes equality before the law, the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of employment. It also abolishes untouchability and titles.
- Right to Freedom: Including speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation.
- Right against Exploitation: This prohibits all forms of forced labor, child labor, and trafficking of human beings.
- Right to Freedom of Religion: This right ensures freedom of conscience and the right to freely profess, practice, and propagate any religion.
- Cultural and Educational Rights: These rights protect the interests of minorities by allowing them to conserve their distinctive culture, language, and script.
- Right to Constitutional Remedies: This is a very special right as it allows individuals to move the Supreme Court (and High Courts) for the enforcement of their fundamental rights.
- Right to Privacy: Although not explicitly mentioned in the original Constitution, the Supreme Court of India, in a landmark judgment in 2017 (Justice K.S. Puttaswamy (Retd.) vs Union of India), declared the Right to Privacy as a fundamental right under the Constitution.
Fundamental Rights Available Only to Citizens of India
Article 15 and Article 16 of the Indian Constitution provide Fundamental Rights that are available only to citizens of India. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth, while Article 16 guarantees equality of opportunity in matters of public employment. The other Fundamental Rights are available to both citizens and foreigners alike, except for enemy aliens. These rights include the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. The Fundamental Rights are essential for the all-round development of individuals and are designed to ensure that the state does not encroach upon an individual’s rights
List of Fundamental Rights Available to Foreigners in India
Foreigners in India are entitled to most of the Fundamental Rights guaranteed by the Indian Constitution, except for a few. However, certain rights are solely available to Indian nationals as Fundamental Rights.
The Fundamental Rights available to foreigners in India are:
- Right to Equality before the law and equal protection of the laws (Article 14)
- Protection in respect of conviction for offenses (Article 20)
- Right to Life and Personal Liberty (Article 21)
- Freedom from attending religious instruction or worship in certain educational institutions (Article 28)
Foreigners do not have the same rights as Indian citizens in the following areas:
- Right against discrimination on the grounds of religion, race, caste, sex, or place of birth (Article 15)
- Equality of opportunity in matters of public employment (Article 16)
- Right to Freedom of speech and expression, assembly, association, movement, residence, and profession (Article 19)
- Protection of interests of minorities (Article 29)
- Right of minorities to establish and administer educational institutions (Article 30).
Fundamental Rights of Children’s in India
In India, children’s fundamental rights are protected by the Constitution. These rights include equal treatment for all, protection against discrimination, and the right to personal freedom. Children are also safeguarded from trafficking, forced labor, and any form of exploitation. The Constitution ensures free and compulsory education for kids aged 6-14 and protects them from hazardous work until they are 14. Additionally, children have the right to be safe from abuse and from being forced into jobs that are not suitable for their age or strength. These rights align with the United Nations Conventions on the Rights of the Child.
fundamental rights of children’s in India are:
- Right to free and compulsory education
- Right to be protected from any hazardous employment until the age of 14
- Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength
- Right to be protected from any form of exploitation
- Right to be protected from being trafficked and forced into bonded labor
- Right to be raised in a nurturing, loving family, with basic needs like food, primary health care, and formal education
- Right to be protected from abuse, neglect, and maltreatment
- Right to protection under the law, and to have decisions made in their best interests
- Right to express their views in matters concerning them
- Right to freedom of thought, conscience, and religion
- Right to health care
- Right to protection from discrimination
- Right to protection from kidnapping and trafficking
- Right to a name
- Right to life
Fundamental Rights of India Articles
The fundamental rights of India are enshrined in Part III (Article 12-35) of the Constitution. These rights include:
- 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)
These rights are essential for the all-round development of individuals and are designed to ensure that the state does not encroach upon an individual’s rights.
Violation of Fundamental Rights in India
The violation of fundamental rights in India is a serious issue that can result in legal action and punishment. The Constitution of India guarantees fundamental rights to all citizens, and the Supreme Court and High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, to enforce these rights. Violations of fundamental rights can result in punishments as prescribed in the Indian Penal Code, subject to the discretion of the judiciary. The fundamental rights are essential for the all-round development of individuals and are designed to prevent the state from encroaching upon an individual’s rights. While most fundamental rights are available to both citizens and foreigners, certain rights are exclusive to Indian citizens, such as the right to equality of opportunity in matters of public employment and the right to non-discrimination on grounds of religion, race, caste, sex, or place of birth.
FAQs on Fundamental Rights of India
How many fundamental rights of India?
There are six fundamental rights enshrined in the Constitution of India.
What are the fundamental rights of India?
The fundamental rights of India include the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
Who demanded fundamental rights in India?
The demand for fundamental rights in India was made by the Indian National Congress during the freedom struggle.
Who is the guardian of fundamental rights in India?
The guardian of fundamental rights in India is the Supreme Court, which has the power to issue writs for the enforcement of fundamental rights.
Who is the father of Fundamental Rights?
Dr. Bhim Rao Ambedkar is often referred to as the father of Fundamental Rights in India due to his significant contribution to the drafting of the Indian Constitution.
Where has India taken fundamental rights from?
The fundamental rights in India are inspired by the Constitution of the USA, particularly the Bill of Rights. The framers of the Indian Constitution adapted and modified these rights to suit the Indian context.
