Fundamental Rights

Fundamental Rights in India appear in Part III of the Constitution, encompassing Articles 12 to 35. These rights guarantee essential freedoms and protections to all citizens for the development of their personalities and maintaining equality, liberty, and justice. Historically, the concept of Fundamental Rights in India was inspired by various democratic documents, primarily drawing from the Constitution of the United States and the Bill of Rights of England, along with influences from other countries. The framers of the Indian Constitution incorporated these rights to ensure the protection of civil liberties and to promote social justice in a newly independent democratic nation. Part III of the Constitution systematically enshrines these rights, making them justiciable and enforceable by the courts, including rights like equality before law, freedom of speech, freedom of religion, and protection against exploitation.

The six fundamental rights in India along with their article.

  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)
Detailed Articles of Fundamental Rights

Here is a detailed table of each article under the Fundamental Rights of India as enshrined in Part III (Articles 12 to 35) of the Indian Constitution. These rights are categorized into six groups:

Article No.Title / SubjectDetails
12Definition of StateDefines “State” for enforcing fundamental rights.
13Laws inconsistent with or in derogation of Fundamental RightsDeclares laws inconsistent with Fundamental Rights void.
14Equality before lawGuarantees equality before the law and equal protection of laws within India.
15Prohibition of discriminationProhibits discrimination on grounds of religion, race, caste, sex, or place of birth.
16Equality of opportunityProvides equality of opportunity in public employment and prohibits discrimination therein.
17Abolition of untouchabilityAbolishes untouchability in any form and forbids its practice.
18Abolition of titlesAbolishes all titles except military and academic distinctions.
19Protection of certain rights regarding freedomGrants six freedoms: speech & expression, assembly, association, movement, residence, and profession/business practice.
20Protection in respect of conviction for offensesProtects against ex post facto laws, double jeopardy, self-incrimination, and excessive punishment.
21Protection of life and personal libertyProtects life and personal liberty except as per procedure established by law; right to privacy recognized under this article.
21ARight to educationProvides free and compulsory education to children aged 6–14 years.
22Protection against arrest and detentionSafeguards relating to arrest, legal representation, and timely judicial review.
23Prohibition of trafficking in human beings and forced laborProhibits human trafficking, forced labor, and begar.
24Prohibition of child laborProhibits employment of children below 14 years in factories and hazardous jobs.
25Freedom of conscience and religionGuarantees freedom of conscience and free profession, practice, and propagation of religion.
26Freedom to manage religious affairsFreedom to manage religious institutions and affairs.
27Freedom from payment of taxes for promotion of any particular religionExempts taxes for promoting any particular religion.
28Freedom from attending religious instruction or worship in certain educational institutionsProhibits compulsory attendance at religious instruction/worship in certain educational institutions.
29Protection of interests of minoritiesProtects cultural, linguistic, and religious minorities and their rights to conserve their culture and language.
30Right of minorities to establish and administer educational institutionsMinorities have the right to run educational institutions of their choice.
31(Repealed)Originally the right to property, now a legal right under Article 300A.
32Remedies for enforcement of Fundamental RightsGuarantees the right to constitutional remedies through the Supreme Court (writ jurisdiction).
33Power of Parliament to modify Fundamental Rights for Armed ForcesParliament can modify rights for armed forces and other security forces.
34Restriction on Fundamental Rights in areas under martial lawRestricts rights when martial law is in force in any area.
35Legislation to give effect to Fundamental RightsParliament empowered to enact laws to implement Fundamental Rights provisions.

This table summarizes the scope and content of the Fundamental Rights provided in the Constitution of India, which aim to protect individual liberties and ensure equality, freedom, and justice


Posted

in

by

Tags: