FUNDAMENTAL RIGHTS OF THE INDIAN CONSTITUTION (ARTICLE 12-35)

Content:

• Introduction
• 6 Fundamental Rights of Indian Citizen
• Fundamental Rights- Features & Characteristics
• Fundamental Rights for Indian Citizens and not for Foreigners
• Fundamental Rights for both Indian Citizens and Foreigners

Introduction:

The Fundamental Rights are included in Part 3 of the Indian Constitution from Articles 14 to Article 35.

The Fundamental Rights in the Indian Constitution are taken from or inspired from the Constitution of the USA i.e. the Bill of Rights.

The Fundamental Rights in Indian Constitution are more detailed than those found in the Constitution of any other country in the world. These are guaranteed by the Constitution without any discrimination against all persons. These are intended for promoting the idea of political democracy. They protect the freedoms and liberties of the people against invasion by the State authority.

6 Fundamental Rights of Indian Citizen:

Originally, the Indian Constitution provided 7 Fundamental Rights which have now been revised to 6 Fundamental Rights which are as follows:

1. Right to equality (Articles 14–18)
2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to constitutional remedies (Article 32)

NOTE: The right to property was deleted from the list of Fundamental Rights by the 44th Constitutional Amendment Act of 1978 and made a Legal Right under Article 300-A in Part 12 of the Indian Constitution. At present, there are only 6 Fundamental Rights. They are as follows:

1. Right to equality:

• Article 14 - Equal protection of laws and Equality before law. 
• Article 15 - Prohibition of discrimination on grounds of religion, caste, sex, place of birth or race. 
• Article 16 - Equality of opportunity in terms of public employment. 
• Article 17 - Abolition of untouchability and prohibition of its practice. 
• Article 18 - Abolition of titles except military and academic.

2. Right to freedom:

(a) Article 19 - Protection of six rights regarding freedom of: 

• speech and expression, 
• assembly, 
• association, 
• movement, 
• residence, and 
• profession

(b) Article 20 - Protection in a conviction for offences. 

(c) Article 21 - Protection of life and personal liberty. 

(d)Article 21A - Right to elementary education. 

(e) Article 22 - Protection against arrest and detention in certain cases.

3. Right against exploitation:

• Article 23 - Prohibition of traffic in forced labour and human beings. 
• Article 24 - Prohibition of employment of children in Companies and factories, etc.

4. Right to freedom of religion:

• Article 25 - Freedom of conscience and free profession, practice and propagation of religion. 
• Article 26 - Freedom to manage religious affairs. 
• Article 27 - Freedom from payment of taxes for promotion of any religion or religious affairs.
• Article 28 - Freedom from attending religious instruction or worship in certain educational institutions.

5. Cultural and educational rights:

• Article 29 - Protection of language, script and culture of minorities. 
• Article 30 - Rights of minorities to establish and administer educational institutions.

6. Right to constitutional remedies:

• Article 32 - Right to move the Supreme Court for the enforcement of fundamental rights including the writs of:

1. Habeas corpus - This writ is used to enforce the fundamental right of individual liberty against unlawful detention.
2. Mandamus - This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work.
3. Prohibition - The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
4. Certiorari - This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.
5. Quo war-rento - The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person.

Fundamental Rights- Features & Characteristics:

1. Some Fundamental Rights are available only to the citizens while others Fundamental Rights are available to all persons whether citizens, legal persons like corporations or companies or foreigners.
2. Fundamental Rights are not absolute but qualified.
3. The state can impose reasonable restrictions on them.
4. Some of them place limitations on the authority of the State because they are negative in character.
5. If and when they are violated they allow persons to move the courts for their enforcement.
6. Fundamental Rights are justiciable.
7. They are guaranteed and defended by the Supreme Court. 
8. During the operation of a National Emergency they can be suspended except the rights guaranteed by Articles 20 and 21.

Fundamental Rights for Indian Citizens and not for Foreigners:

• Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
• Article 16 - Equality of opportunity in matters of public employment.
• Article 19 - Protection of six rights regarding freedom of : (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession.
• Article 21  - Protection of life and personal liberty.
• Article 30 - Right of minorities to establish and administer educational institutions.

Fundamental Rights for both Indian Citizens and Foreigners:

• Article 14 - Equality before the law and equal protection of laws 
• Article 20 - Protection in respect of conviction for offences 
• Article 21 - Protection of life and personal liberty 
• Article 21A - Right to elementary education 
• Article 22 - Protection against arrest and detention in certain cases 
• Article 23 - Prohibition of traffic in human beings and forced labour.
• Article 24 - Prohibition of employment of children in factories etc.
• Article 25 - Freedom of conscience and free profession, practice and propagation of religion 
• Article 26 - Freedom to manage religious affairs.
• Article 27 - Freedom from payment of taxes for promotion of any religion
• Article 28 - Freedom from attending religious instruction or worship in certain educational institutions).

Related Topic 

WHAT ARE FUNDAMENTAL DUTIES?