Fundamental Rights: Fundamental rights are mentioned in the part 3 of Indian Constitution. Fundamental rights are essential for the moral, physical and spiritual development of a person. The way in which food and water is essential for life similarly fundamental rights are essential for the development of person’s personality and without home no one can make their complete development.
Difference between fundamental rights and general legal rights
Fundamental rights are enforced by the constitution of India and no changes can be made to these rights, where as the general legal rights are enforced by the state or Central government of India. It it will vary from state to States.
Types of fundamental Rights
In the constitution of India the fundamental rights are described in the Article 14 to Article 39. Fundamental rights are divided into six parts.
- Right to equality
- Right to freedom
- Right to Exploitation
- Cultural and educational rights
- Right to constitutional Remedies
Right to Equality
Equality Before Law
Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of birth
Equality of Opportunity in matters of public employment
Abolition of untouchability
Abolition of Titles
Right to Freedom
Protection of certain rights regarding freedom of speech
Protection in respect of conviction for offences
Protection of life and Personality
Protection against arrest and detention in certain cases
Right Against Exploitation
Prohibition of traffic in human beings and forced labour
Prohibition of Employment of Children in factories
Right to Freedom of Religion
Freedom of Conscience and Free profession, practice and propagation of religion
Freedom to manage religious affairs
Freedom as to Payment taxes in religion
Freedom as to attendance at religious institution
Cultural and Educational Rights
Protection of Interest of Minorities
Right of Minorities to establish and administer educational Institutes
Omitted by 44th Amendment Act,1978
Rights to constitutional Remedies
Violation of Fundamental Rights
Right to Equality
The Right to equality states that there will be no interference or any quality in the name of caste religion gender in the state. However for women children backward class people the state have to provide special facility and special reservation. Right to equality is mentioned in the article 14, 15, 16, 17 and article 18.
Article 14 states that the states shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 15 prohibition of discrimination on grounds of religion, caste, sex and all places of birth.
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office on the state.
Abolition untouchability age abolished and its practice in any form is forbidden.
No title, not being a military or academic distinction shall be conferred by the state.
Right to freedom
Freedom is essential for a man to live in the society for a citizen of a country. It is essential that the country have to provide you to speak right and express yourself in the state. Right to freedom is mentioned in the article 19 of Indian constitution
Article 19 guarantees following six fundamental freedoms:
- Freedom of speech and expression
- Freedom of assembly
- Freedom to form the Association.
- Freedom of residence and settlement
- Freedom of profession, occupation trade or business.
Right Against Exploitation
The right against Exploitation is mentioned in the article 23 and article 24 of Indian Constitution.
Traffic in human beings and ‘beggar’ and other similar forms of forced labor is prohibited and any contravention of this provision shall be an offense punishable in accordance with the law.
Article 24 States that no child below the age of 14 can be employed in any factory or mine or any other employment sector.
Article 25 states that freedom of cosines and free profession, practice and propagation of religion.
Article 26 subject to public order, morality and health every religion shall have the right.
Articles 27 indicate that, no person shall be compelled to pay any tax for the promotion or maintenance of any particular religion or religious denomination.
Article 28 is about the steps to freedom as to attendance at religious institution or religious worship in certain educational institutes.
Cultural and Educational Rigt
Education is the backbone of a country’s development. So in Indian constitution Article 29 and Article 30 states about the Cultural and Educational Rights.
Article 29 is about protection of interest of minorities.
Article 30 is to provide right of minority to establish and administer educational institute.
Article 31 is emitted by the 44th amendment act 1978. It also was a part of Cultural and Educational Rights.
Rights to Constitutional Remedies
Article 32 Two States to the right to move the supreme court in case of violation of fundamental rights. Every citizen has the right to pray from Supreme Court to protect fundamental rights.
Important Points about the Fundamental Rights
- The fundamental rights are given by the Parliament of India.
- Fundamental Rights are collected from the Parliament of USA.
- The rights are limited when the crisis (Emergency) is announced. (1975 to 1977, Declared by Indira Gandhi)
- In the area where military law is applicable, at that time the officers can encroach or abrogate the fundamental rights.