Fundamental Rights
The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justiciable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.
The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity.
All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights.
The Fundamental Rights have been classified under six categories:
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 (Articles. 32-35)
Right to Equality (Articles. 14-18)
Right to Equality ensures equal rights for all the citizens. The Right to Equality prohibits inequality on the basis of caste, religion, place of birth, race, or gender. It also ensures equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them.
Right to Freedom (Articles. 19-22)
Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India. These rights are:
» Freedom of speech and expression
» Freedom of assembly without arms
» Freedom to form associations or unions
» Freedom to move freely throughout the territory of India
» Freedom to practice any profession or to carry on any occupation, trade or business
» Freedom to reside and settle in any part of the territory of India
The freedoms guaranteed by Article 19 are further sought to be protected by Articles 20–22.
Article 20 – Protection in respect of conviction for offences.
Article 21 – Protection of life and personal liberty.
Article 22 – Protection against arrest and detention in certain cases.
Right Against Exploitation (Articles. 23-24)
Right against Exploitation condemns human trafficking, child labor, forced labor making it an offense punishable by law, and also prohibit any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. Unless it is for the public purpose, like community services or NGO work.
Right to Freedom of Religion (Articles. 25-28)
Right to Freedom of Religion guarantees religious freedom and ensures secular states in India. The Constitutions says that the States should treat all religions equally and impartially and that no state has an official religion. It also guarantees all people the freedom of conscience and the right to preach, practice and propagate any religion of their choice.
Cultural and Educational Rights (Articles. 29-30)
Cultural and Educational Rights protects the rights of cultural, religious and linguistic minorities by enabling them to conserve their heritage and protecting them against discrimination. Educational rights ensure education for everyone irrespective of their caste, gender, religion, etc.
Right to Constitutional remedies (Articles. 32-35)
Right to Constitutional Remedies ensures citizens to go to the supreme court of India to ask for enforcement or protection against violation of their fundamental rights. The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual.
Right to Education (Article 21A)
The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
On 24 August 2017, the Supreme Court of India in a historic judgement declared the ‘Right to Privacy’ as a fundamental right protected under Part III the Indian Constitution.
Amendments
Initially there were 7 fundamental rights in the Constitution. Currently, there are only six as the ‘Right to Property’ was removed from the list of fundamental rights by the 44th Constitutional Amendment (44th Amendment Act, 1978). It is now only a legal right.
The 86th amendment to the constitution of India in 2002 inserted Article 21A which made ‘Right to Education’ a fundamental right for children between 6-14 years.
