Fundamental Rights in India

The Fundamental Rights are enshrined in part 3rd of the Constitution from Articles 12 to 35. This part is considered as the Magna Carta of India.

Following are the rights which are guaranteed by the Constitution.

Right to Equality (Articles 14-18)

  • Equality before Law (Article 14)
  • Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.(Article 15)
  • Equality of opportunity in matters of public Employment. (Article 16)
  • Abolition of untouchability. (Article 17)
  • Abolition of titles. (Article 18)

Right to Freedom (Articles 19-22)

  • Protection of certain rights regarding freedom of speech and expression, freedom to assemble peacefully (Article 19)
  • Protection in respect of conviction for offences. (Article 20)
  • Protection of life and personal Liberty. (Article 21)
  • Right to elementary education (Added by 86th Amendment Act, 2002, Article 21A)
  • Protection against arrest and detention in certain cases. (Article 22)
  • Right to education Article 21A states that the state shall provide free and compulsory education to all children belonging to age group of 6-14 years in such a manner at the state may determine.

Right against Exploitation (Articles 23-24)

  • Prohibition of trafficking in human beings and forced labour (Article 23).
  • Prohibition of employment of children in factories (Article 24).

Right to Freedom of Religion (Articles 25-28)

  • Freedom of conscience and free profession, practice and propagation of religion. (Article 25)
  • Freedom to manage religious affairs.(Article 26)
  • Freedom as to payment of taxes for promotion of any particular religion.(Article 27)
  • Freedom as to attendance at religious instructions or religious worship in certain educational institutions. (Article 28)

Cultural and Educational Right (Articles 29-30)

  • Protection of interest of minorities (Article 29)
  • Right of minorities to establish and administer educational institutions (Article 30)

Freedom of press is implicit in the Article 19, 20 and 21 cannot be suspended during National Emergency.

Originally, the Constitution provided 7 Fundamental Rights, but Right to Property (under Article 31) was repealed by the 44th Amendment Act, 1978, and was made a legal right under Article 300A.

Right to Constitutional Remedies (Article 32)

  • Right to move to the supreme court and the High courts (under Article 226) in case of their violation of Fundamental Rights, it was termed by BR Ambedkar as the Heart and Soul of the Constitution.
  • The Supreme court and High courts have the power to issue writs, if Fundamental Rights are violated under Article 32 and 226 respectively.

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