Fundamental Rights in The Indian Constitution

Fundamental Rights in the Indian Constitution
• The Motilal Nehru committee had demanded a bill of rights as far back as in 1928.
• The Constitution listed the rights that would be specially protected and called them 'fundamental
rights'.
• Fundamental Rights are so important that the Constitution has separately listed them and made
special provisions for their protection.
• The Fundamental Rights are so important that the Constitution itself ensures that they are not
violated by the government.
Ordinary Rights and Fundamental Rights
• Ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are
protected and guaranteed by the constitution of the country.
• Ordinary rights may be changed by the legislature by ordinary process of law making, but a
fundamental right may only be changed by amending the Constitution itself.
• Judiciary has the powers and responsibility to protect the fundamental rights from violations by
actions of the government, Executive as well as legislative actions can be declared illegal by the
judiciary if these violate the fundamental rights or restrict them in an unreasonable manner.
Fundamental Rights
Right to Equality
• Equality before law

• Equal protection of laws
• Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth Equal
access to shops, hotels, wells, tanks, bathing ghats, roads etc.
• Equality of opportunity in public employment
• Abolition of Untouchability
• Abolition of titles
Right to Freedom
• Protection of Right to:
→ freedom of speech and expression;
assemble peacefully;
→ form associations/unions;
→ move freely throughout the territory of India;
→ reside and settle in any part of India;
→ practice any profession, or to carry on any occupation, trade or business.
• Protection in respect of conviction for offences.
• Right to life and personal liberty.
• Right to education.
• Protection against arrest and detention in certain cases.
Right against Exploitation
• Prohibition of traffic in human beings and forced labour.

• Prohibition of employment of children in hazardous jobs.
Right to Freedom of Religion
• Freedom of conscience and free profession, practice and propagation of religion.

• Freedom to manage religious affairs.
• Freedom to pay taxes for promotion of any particular religion.
• Freedom to attend religious instruction or worship in certain educational institutions
Cultural and Educational Rights
• Protection of language, culture of minorities.

• Right of minorities to establish educational institutions.
• Right to Constitutional Remedies.
• Right to move the courts to issue directions/orders/writs for enforcement of rights
Overview of Rights
• The Constitution clarifies that the government can implement special schemes and measures for
improving the conditions of certain sections of society: children, women, and the socially and
educationally backward classes.
• In fact Article 16(4) of the constitution explicitly clarifies that a policy like reservation will not
be seen as a violation of right to equality. If you see the spirit of the Constitution, this is required
for the fulfillment of the right to equality of opportunity.
• Right to freedom of speech and expression is subject to restrictions such as public order, peace
and morality etc.
• Freedom to assemble too is to be exercised peacefully and without arms.
• The government may impose restrictions in certain areas declaring the assembly of five or more
persons as unlawful.
Preventive detention
• Ordinarily, a person would be arrested after he or she has reportedly committed some offence.
However there are exceptions to this.
• Sometimes a person can be arrested simply out of an apprehension that he or she is likely to
engage in unlawful activity and imprisoned for some time. This is known as preventive detention.
It means that if the government feels that a person can be a threat to law and order or to the peace
and security of the nation, it can detain or arrest that person. This preventive detention can be
extended only for three months
Rights of accused
• To ensure a fair trial in courts, the Constitution has provided three rights:
→ no person would be punished for the same offence more than once
→ no law shall declare any action as illegal from a backdate, and
Freedom of faith and worship
• Freedom of religion also includes the freedom of conscience.
• It means that a person may choose any religion or may choose not to follow any religion.
• Freedom of religion includes the freedom to profess, follow and propagate any religion.
Certain Limitations
• That, the government can imposes restrictions on the practice of freedom of religion in order to
protect public order, morality and health.
t is not an unlimited right.
• The government can interfere in religious matters for rooting out certain social evils.
• The Constitution does not allow forcible conversions.
• It only gives us the right to spread information about our religion and thus attract others to it.
Cultural and Educational Rights
• All minorities, religious or linguistic, can set up their own educational institutions. By doing so,
they can preserve and develop their own culture.
• The government will not, while granting aid to educational institutions, discriminate against any
educational institution on the basis that it is under the management of minority community.
Right to Constitutional Remedies
• Dr. Ambedkar considered the right to constitutional remedies as heart and soul of the
constitution' because this right gives a citizen the right to approach a High Court or the Supreme
Court to get any of the fundamental rights restored in case of their violation.

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Fundamental Rights in the Indian Constitution

Ordinary Rights and Fundamental Rights

• Equality before law

• Prohibition of traffic in human beings and forced labour.

Right to Freedom of Religion

• Freedom of conscience and free profession, practice and propagation of religion.

• Protection of language, culture of minorities.

• Freedom to assemble too is to be exercised peacefully and without arms.

• Freedom of religion also includes the freedom of conscience.

Cultural and Educational Rights

Right to Constitutional Remedies

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