Fundamental Rights

The Fundamental Rights are a cornerstone of the Indian Constitution, enshrined in Part III (Articles 12-35). They are considered essential for the all-round development of individuals and are designed to protect the liberties and freedoms of citizens against arbitrary actions of the State. These rights are fundamental in the sense that they are guaranteed and protected by the Constitution, which is the supreme law of the land.

Originally, there were seven Fundamental Rights, but the Right to Property (Article 31) was removed as a Fundamental Right by the 44th Amendment Act of 1978 and made a legal right under Article 300A.

Currently, there are six Fundamental Rights in India:

1. Right to Equality (Articles 14-18)
   • Article 14: Equality before Law and Equal Protection of Laws: Guarantees that all persons are equal before the law and are entitled to equal protection of the laws within the territory of India.
   • Article 15: Prohibition of Discrimination on grounds of Religion, Race, Caste, Sex or Place of Birth: Prevents the State from discriminating against any citizen on these grounds.
   • Article 16: Equality of Opportunity in matters of Public Employment: Ensures equal opportunities for all citizens in matters relating to employment or appointment to any office under the State.
   • Article 17: Abolition of Untouchability: Abolishes untouchability and forbids its practice in any form.
   • Article 18: Abolition of Titles: Prohibits the State from conferring titles (except military and academic distinctions) and restricts citizens from accepting titles from foreign states.
2. Right to Freedom (Articles 19-22)
   • Article 19: Protection of Six Rights regarding Freedom:
     • Freedom of Speech and Expression
     • Freedom to Assemble Peacefully and Without Arms
     • Freedom to Form Associations or Unions or Co-operative Societies
     • Freedom to Move Freely Throughout the Territory of India
     • Freedom to Reside and Settle in any part of the Territory of India
     • Freedom to Practice any Profession, or to Carry on any Occupation, Trade or Business
     • Note: These freedoms are subject to reasonable restrictions by the State.
   • Article 20: Protection in respect of Conviction for Offences: Deals with protection against ex-post facto laws, double jeopardy, and self-incrimination.
   • Article 21: Protection of Life and Personal Liberty: States that no person shall be deprived of his life or personal liberty except according to procedure established by law. This article has been interpreted broadly by the Supreme Court to include various rights like the right to privacy, right to live with dignity, right to clean environment, etc.
   • Article 21A: Right to Education: Guarantees the right to free and compulsory education for all children between the ages of six and fourteen years. (Inserted by the 86th Amendment Act, 2002).
   • Article 22: Protection against Arrest and Detention in certain cases: Provides safeguards against arbitrary arrest and detention.
3. Right against Exploitation (Articles 23-24)
   • Article 23: Prohibition of Traffic in Human Beings and Forced Labour: Prohibits human trafficking, forced labor (begar), and other similar forms of forced labor.
   • Article 24: Prohibition of Employment of Children in Factories, etc.: Prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous occupations.
4. Right to Freedom of Religion (Articles 25-28)
   • Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion: Grants freedom to individuals to profess, practice, and propagate any religion.
   • Article 26: Freedom to Manage Religious Affairs: Allows every religious denomination to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, own and acquire movable and immovable property, and administer such property according to law.
   • Article 27: Freedom as to Payment of Taxes for Promotion of any particular Religion: States that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.
   • Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in certain Educational Institutions: Deals with religious instruction in educational institutions maintained by the State.
5. Cultural and Educational Rights (Articles 29-30)
   • Article 29: Protection of Interests of Minorities: Protects the interests of any section of citizens residing in India having a distinct language, script, or culture of its own, by allowing them to conserve the same. It also prohibits discrimination based on religion, race, caste, or language in admission to educational institutions maintained by the State or receiving aid from the State.
   • Article 30: Right of Minorities to Establish and Administer Educational Institutions: Grants all minorities (religious and linguistic) the right to establish and administer educational institutions of their choice.
6. Right to Constitutional Remedies (Article 32)
   • Article 32: Remedies for Enforcement of Rights conferred by this Part: This is considered the “heart and soul” of the Constitution by Dr. B.R. Ambedkar. It grants individuals the right to move the Supreme Court directly for the enforcement of their Fundamental Rights. The Supreme Court (and High Courts under Article 226) can issue various writs to protect these rights:
     • Habeas Corpus: To produce a person who has been illegally detained.
     • Mandamus: To command a public authority to perform its duty.
     • Prohibition: To prohibit a lower court from exceeding its jurisdiction.
     • Certiorari: To quash an order of a lower court or tribunal.
     • Quo Warranto: To inquire into the legality of a claim by a person to a public office.