Fundamental Rights of Indian Constitution

The Constitution of India, adopted in 1950, provides a detailed plan for running the world’s largest democracy. One of its most important parts is the Fundamental Rights of Indian constitution, which are found in Part III of the Constitution. These rights are crucial for the growth of every person and for protecting their dignity. These rights apply to everyone in India, regardless of their race, religion, caste, gender, or where they were born. They make sure that everyone is treated equally, has freedom, and can seek justice.

History of Fundamental Rights of Indian Constitution

The Fundamental Rights of the Indian Constitution were incorporated in the initial drafts of the Constitution in 1948 and finally in 1949. Originally, seven fundamental rights were provided, including the right to property, which was later removed by the 44th Amendment in 1978. These rights are enshrined in Part III of the Indian Constitution from Article 12 to 35 and encompass the right to equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies. They are essential for the comprehensive development of individuals and are safeguarded by the Constitution, aiming to preserve individual liberty and democratic principles. The courts are responsible for enforcing these rights, and the Supreme Court can direct the State Machinery if they are violated.

All Fundamental Rights of Indian Constitution

The Indian Constitution ensures six basic rights for its people, which are written in Part III (Article 12-35) of the Constitution. These rights are:

• The Right to Equality (Article 14-18)
• The Right to Freedom (Article 19-22)
• Protection against Exploitation (Article 23-24)
• Freedom of Religion (Article 25-28)
• Cultural and Educational Rights (Article 29-30)
• Right to Legal Solutions (Article 32)

These rights include things like being treated equally under the law, having the freedom to speak and express yourself, practicing your religion freely, and being protected from exploitation. The Constitution of India guarantees these fundamental rights for everyone and ensures they are upheld through the legal system. It’s important to remember that these rights can be changed and have some exceptions and conditions.

6 Fundamental Rights of Indian Constitution

The Indian Constitution, which is the foundation of the world’s biggest democracy, ensures six fundamental rights for every citizen. These rights are crucial for the growth and welfare of individuals and for upholding democracy in the nation. Here are all six fundamental rights of Indian constitution in detail:

Right to Equality

The Right to Equality, as per the Indian Constitution (Articles 14-18), ensures that all individuals are equal before the law. It prohibits discrimination based on religion, race, caste, sex, or place of birth. This means that the laws apply equally to all, irrespective of their status, which is known as the rule of law. The right to equality also includes equal treatment in public employment, the abolition of untouchability, and the prohibition of titles. It is a foundational principle of the Indian Constitution and is enforced through the judiciary. However, it is important to note that this right is not absolute and is subject to certain conditions and exceptions

Freedom to Freedom

The Right to Freedom, as outlined in Articles 19-22 of the Indian Constitution, bestows several crucial freedoms upon the citizens of India. These include

• Freedom of speech and expression
• Right to assemble peaceably and without arms
• Right to form associations or unions
• Freedom to move freely throughout the territory of India
• Freedom to reside and settle in any part of the country
• Freedom to practice any profession or to carry on any occupation, trade, or business, subject to certain restrictions.

It’s important to recognize that while these rights are fundamental, they are not absolute and are subject to certain restrictions in the interest of the sovereignty and integrity of India, public order, and friendly relations with foreign states

Right Against Exploitation

The Right Against Exploitation, found in Articles 23 and 24 of the Indian Constitution, safeguards individuals from different forms of exploitation, such as forced labor, child labor, and human trafficking. This right is crucial for ensuring the dignity and well-being of every person in society.

Article 23 of the Indian Constitution prohibits the following practices:

• Traffic in human beings
• Forced labor
• Bonded labor
• Forced marriage
• Exploitation of beggars

Article 24 of the Indian Constitution further elaborates on the right against exploitation by stating that no child below the age of 14 years shall be employed in any hazardous conditions or factories.The Right Against Exploitation is significant because it:

• Protects both citizens and non-citizens against exploitation
• Protects individuals against state as well as private citizens
• Imposes a positive obligation on the state to abolish immoral practices of exploitation

The Indian Constitution includes specific measures to prevent the exploitation of vulnerable groups in society, such as women, children, and minorities, aiming to ensure that every individual has the opportunity to live a life free from exploitation

Right to Freedom of Religion

The Indian Constitution guarantees the right to freedom of religion to all citizens under Articles 25-28. This right ensures that all religions are equal before the State and no religion shall be given preference over the other. Citizens are free to preach, practice, and propagate any religion of their choice, and the objective of this right is to sustain the principle of secularism in India. The Constitution of India provides for the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health, and to other provisions of the Constitution. India is a secular republic, with all religions offered equality under the law. However, some state-level laws and policies have been reported to restrict religious freedom, such as “anticonversion” laws in certain states. Despite the constitutional protections, there have been instances of religiously inspired violence and restrictions on religious freedom at the state level

Cultural and Educational Rights

The cultural and educational rights in the Indian Constitution are protected under Article 29 and Article 30. Article 29 ensures that citizens have the right to preserve their culture, language, or script, and they can’t be denied admission into state-run or state-aided educational institutions based on religion, race, caste, or language. Article 30 grants religious and linguistic minorities the right to establish and manage educational institutions of their choice. These rights aim to protect minority groups and preserve the diverse cultural and educational fabric of the country.These rights are essential for maintaining the cultural and educational diversity of Indian society, which is a key aspect of the country’s strength. The Constitution guarantees these rights to minorities to ensure the preservation and propagation of their culture and language. The cultural and educational rights are an integral part of the broader framework of fundamental rights provided to the citizens of India, ensuring their all-round development and protection.

Right to Constitutional Remedies

The Right to Constitutional Remedies is a fundamental right stated in Article 32 of the Indian Constitution. This right allows citizens to seek justice and protect their rights through the Indian judiciary. The main features of this right include:

• The ability to file a writ petition
• The ability to seek interim relief
• The ability to seek compensation for damages

Any citizen of India can seek relief under the Right to Constitutional Remedies. The purpose of this right is to make sure that citizens have access to an effective and impartial judicial system. The State is not allowed to make any law that may conflict with the Fundamental Rights. The Supreme Court of India has the authority to issue ‘prerogative writs’ for the enforcement of any of the rights conferred by this Part. The writs include habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. The Right to Constitutional Remedies is considered an important part of the Indian constitutional framework and is considered a basic feature of the Constitution.

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Fundamental Rights and Duties of Indian Constitution

The Indian Constitution includes a group of rights and duties that aim to promote the overall well-being of citizens and uphold the principles of democracy in the country. Here are the fundamental rights and duties of Indian constitution.

Fundamental Rights of Indian Constitution in Hindi

Here are the fundamental rights of the Indian constitution 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 of Indian Constitution with Articles

The fundamental rights of Indian constitution is mentioned in different articles of Part III of Indian constitution. Below are the fundamental rights of Indian constitution article

Interesting Facts about Fundamental Rights of Indian Constitution

• Inspired by Constitutions Worldwide: The Fundamental Rights in the Indian Constitution took inspiration from the Bill of Rights in the United States Constitution, showing how global ideas influenced India’s legal system.
• Originally Included Right to Property: At first, the Right to Property was part of the Fundamental Rights. However, in 1978, the 44th Amendment removed it from that category, making it a regular legal right rather than a fundamental one.
• The Heart and Soul: Dr. B.R. Ambedkar, who played a significant role in creating the Indian Constitution, referred to Article 32 as the “heart and soul of the Constitution” because it embodies the Right to Constitutional Remedies.
• Suspended During Emergencies: Article 359 permits the suspension of Fundamental Rights during a state of emergency, a unique feature not commonly found in other democratic countries’ constitutions.
• Directive Principles and Fundamental Rights: The Directive Principles of State Policy, while not legally binding, aim to create social and economic conditions where people can fully exercise their Fundamental Rights.
• Moral and Human Rights Basis: Fundamental Rights are rooted in moral principles and human rights, emphasizing individual freedom, equality, and dignity.
• Flexibility for Amendments: The Constitution allows for changes to Fundamental Rights, but the courts ensure that such amendments do not undermine the core structure of the Constitution.
• Protection Against State Only: Initially, Fundamental Rights applied only to actions taken by the government. However, over time, courts have interpreted them to also apply to individuals and private organizations.
• Incorporates Environmental Concerns: The Right to Life under Article 21 has been broadly interpreted by the Supreme Court to include the right to a clean and healthy environment, showing how Fundamental Rights evolve with the times.
• Influence of the Freedom Struggle: The drafting of Fundamental Rights was heavily influenced by the ideals and goals of the Indian freedom struggle, reflecting the values fought for during the fight against colonial rule.

FAQs on Fundamental Rights of Indian Constitution

What are 6 fundamental rights?

The Indian Constitution guarantees six fundamental rights: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

Are there 6 or 7 fundamental rights?

Initially, there were seven fundamental rights in the Indian Constitution. However, the right to property was removed, leaving six fundamental rights.

What are the 5 types of fundamental rights?

Five types of fundamental rights in the Indian Constitution include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, and cultural and educational rights.

Which part of the Indian Constitution deals with fundamental rights?

Part III of the Indian Constitution is dedicated to fundamental rights. This part is crucial as it outlines the basic rights provided to citizens.

Which article of the Indian Constitution deals with fundamental rights?

Fundamental rights in the Indian Constitution are covered under Articles 12 to 35. These articles detail various rights and their scope.

How many fundamental rights of the Indian Constitution?

The Indian Constitution originally provided seven fundamental rights. However, now there are six, following the removal of the right to property as a fundamental right.