Fundamental Rights

Fundamental Rights
What are Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the Constitution of India which
are guaranteed to all citizens. They are applied without discrimination on the basis of race,
religion, gender, etc. Significantly, fundamental rights are enforceable by the courts,
subject to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
1. They are enshrined in the Constitution which guarantees them.
2. They are justiciable (enforceable by courts). In case of a violation, a person can
approach a court of law.
How many Fundamental Rights are there in the Indian Constitution?
There are six fundamental rights in the Indian Constitution. They are mentioned below along
with the constitutional articles related to them:
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
Why Right to Property is not a Fundamental Right?
There was one more fundamental right in the Indian Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th
Constitutional Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism
and redistributing wealth (property) equitably among the people.
Fundamental Rights of India
In this section, we list the fundamental rights of India and briefly describe each of them.
1. Right to Equality (Articles 14 – 18)
The right to equality is one of the important fundamental rights of the Indian Constitution that
guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of
birth. It ensures equal employment opportunities in the government and insures against
discrimination by the State in matters of employment on the basis of caste, religion, etc. This
right also includes the abolition of titles as well as untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practise any profession
 Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and
decency and friendly relations with foreign countries. This means that the State has the right
to impose reasonable restrictions on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar (labour without payment)
and other forms of forced labour. It also implies the prohibition of employment of children in
factories, etc. The Constitution prohibits the employment of children under 14 years in
hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions.
There is freedom of conscience, profession, practice and propagation of religion. The State
has no official religion. Every person has the right to freely practice his or her faith, and
establish and maintain religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating
them to preserve their heritage and culture. Educational rights are for ensuring education for
everyone without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are violated, the
aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court
which can issue writs for enforcing fundamental rights.
Salient Features of Fundamental Rights
The features of Fundamental Rights in the Indian Constitution are as follows:
1. Some of these rights are available only to citizens, while others are available to all
persons whether citizens, foreigners, or legal persons like corporations, companies,
etc.
2. These rights are not absolute but qualified, which means the state can impose
reasonable restrictions on them. This balances individual liberties with societal needs.
3. These rights are enforceable by the courts, allowing citizens to seek legal remedies if
their rights are violated. This ensures that individuals have access to justice and can
hold the government accountable for its actions.
4. These rights are protected and safeguarded by the Supreme Court. Hence, the
aggrieved person can directly proceed to the Supreme Court without necessarily
appealing against the judgment of the high courts.
5. These rights are not considered permanent. They can be amended by the Parliament
through a constitutional amendment process, provided such amendments do not
violate the basic structure of the Constitution.
6. During a state of national emergency, certain rights can be suspended by the
President,.
7. During the operation of martial law in any area, the application of these rights can be
restricted (Article 34).
8. Most of them are directly enforceable, while others can be enforced based on a law
specifically made to give effect to them. Only Parliament can enact laws regarding
these rights to ensure uniformity across the nation (Article 35).

Fundamental Rights

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What are Fundamental Rights?

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