Introduction
- Fundamental Rights are enshrined in Part III of the Indian Constitution and are essential for ensuring justice, liberty, equality, and fraternity.
- They act as limitations on the power of the state and provide a framework for individual freedom and dignity.
- Fundamental Rights are enforceable by the courts, and any violation can be challenged through legal remedies.
1. Right to Equality (Articles 14–18)
- Ensures equality before the law and equal protection of the laws (Article 14).
- Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15).
- Ensures equality of opportunity in matters of public employment (Article 16).
- Abolishes untouchability and its practice in any form (Article 17).
- Abolishes titles, except military and academic distinctions (Article 18).
2. Right to Freedom (Articles 19–22)
- Includes six fundamental freedoms (Article 19):
- Freedom of speech and expression.
- Freedom to assemble peacefully without arms.
- Freedom to form associations or unions.
- Freedom to move freely throughout the territory of India.
- Freedom to reside and settle in any part of India.
- Freedom to practice any profession or carry out any occupation, trade, or business.
- Protection in respect of conviction for offenses (Article 20):
- No ex post facto laws.
- No double jeopardy.
- No self-incrimination.
- Protection of life and personal liberty (Article 21):
- Right to live with dignity.
- Expanded to include right to privacy, education, and clean environment.
- Protection against arrest and detention in certain cases (Article 22).
3. Right against Exploitation (Articles 23–24)
- Prohibits human trafficking and forced labor (Article 23).
- Prohibits the employment of children in factories, mines, or hazardous work (Article 24).
4. Right to Freedom of Religion (Articles 25–28)
- Ensures freedom of conscience and the right to freely profess, practice, and propagate religion (Article 25).
- Provides for the freedom to manage religious affairs (Article 26).
- Prohibits the imposition of taxes for promoting any religion (Article 27).
- Prohibits religious instruction in educational institutions wholly maintained by the state (Article 28).
5. Cultural and Educational Rights (Articles 29–30)
- Protects the rights of minorities to preserve their culture, language, and script (Article 29).
- Grants minorities the right to establish and administer educational institutions of their choice (Article 30).
- Ensures non-discrimination in providing aid to educational institutions (Article 30).
6. Right to Constitutional Remedies (Article 32)
- Empowers individuals to approach the Supreme Court or High Courts for enforcement of Fundamental Rights.
- Provides for five types of writs:
- Habeas Corpus: Ensures personal liberty.
- Mandamus: Commands the performance of a public duty.
- Prohibition: Prevents inferior courts from exceeding jurisdiction.
- Certiorari: Quashes illegal orders of lower courts or tribunals.
- Quo Warranto: Prevents illegal usurpation of public office.
- Described as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar.
Significance of Fundamental Rights
- Uphold the dignity and freedom of individuals.
- Act as a safeguard against state arbitrariness.
- Ensure social, economic, and political justice.
- Promote a spirit of secularism and inclusivity.
- Facilitate the preservation of India’s pluralistic society.
Conclusion
The Fundamental Rights enshrined in the Indian Constitution are a testament to the commitment to individual liberty, equality, and dignity. They play a vital role in maintaining the democratic fabric of the nation while promoting unity in diversity.