Fundamental rights in the Indian Constitution

FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION

Fundamental rights are the basic or general rights which are enjoyed by the citizens of the country. These rights are very important and basic which is to be known by each and every person residing in the country so that every person can enjoy the rights and does not get exploited. The fundamental rights are enshrined in part 3 of the Indian constitution.

Article 12-35 of the part 3 of the Indian constitution describes various types of fundamental rights. They are sacrosanct in nature. Fundamental rights are heart of the constitution they need to be protected in every way. The very idea of the fundamental rights was borrowed from America’s bill of rights. There are six fundamental rights in the Indian constitution these are as follows that is

1. right to equality
2. right to freedom
3. right against exploitation
4. right to freedom of religion
5. cultural and educational rights
6. right to constitution remedies which is also quoted by DR BR. AMBEDKAR as the heart and soul of the constitution.

These 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 the people irrespective of gender, caste, creed, race and religion ,sex have been given the rights to move to either high courts or supreme courts for the breach of fundamental rights now we will look into various types of fundamental rights in the next para.

Let’s start with Article 12 of the part 3 of the Indian constitution what does article 12 say about? It describes the definition of state what all bodies are included in the definition of state so we can conclude from this article that the government and parliament of India and the legislature of each of the states and all local and or other authorities within the territory of India or under the control of the government of
India.

Article 13 of the Indian constitution : It talks about the law which are derogatory and inconsistent of the fundamental rights it says that the state shall not make any law which takes away or abridges the rights conferred by part 3 of the constitution.

Article 14 of the Indian constitution: It talks about the equality before law it states that all the person are equal before law ,the state shall not deny any person equality before the law or equal protection of laws within the territory of India. It also states that equals should be treated equals and unequal’s should be treated as unequal’s.

Article 15 : It talks about prohibition of discrimination on grounds of religion, race, caste, sex or place of birth it states that the state shall not discriminate against any citizen on grounds on the basis of religion, race, caste, sex, place of birth .It states that no citizen should have restriction with regard to access to shops, public restaurants, or places of public entertainment, the use of wells, tanks, bathing gaths, or places of public resort maintained or dedicated to the use of general public.

Article 16: It talks about the equality of opportunities in matters of public employment it states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under state. There are 5 clauses in this article .

Article 17 of the Indian constitution: It states that the untouchability is abolished and it’s practice in any form is forbidden .The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.

Article 18 of the Indian constitution: It talks about the abolition of titles it tells that no one can be called with the title like maharaja, deewane saheb etc the titles which are royal or based on hereditary times. But we can call person with the title based on merit like Bharat ratna, Padmabhushan, Padmavibhushan and no person holding any office of profit or trust under the state shall, without the consent of resident, accept any present, emoulument, or office of any kind from or under foreign state.

Article 19: It is the right regarding freedom of speech and expression it states that all the citizens shall have the right to freedom of speech and expression, to assemble peacefully without arms, to form association or unions, to move freely throughout the territory of india, to reside and settle in any part of the territory of india.

Article 20 :It talks about protection in respect of conviction for offences. It states that

1.No person shall be convicted of any offence except for violation of law in force at the time of commission of the act charged as an offence.
2.no person shall be prosecuted and punished for the same offence more than once
3.No person accused of any offence shall be compelled to be a witness against himself.

Now let’s discuss about article 21 and 21A of the Indian constitution article 21 states that no person shall be deprived to live a life with dignity except according to procedure established by law. Article 21 A tells about right to education it states that the state shall provide free and compulsory education to all children of the age of six to fourteen years in as the state may by law determine.

Article 23-24 : This right implies the prohibition of traffic in human beings, beggar, and other forms of forced labor. It also implies the prohibition of children in factories. The constitution prohibits the employment of children under 14 yrs in hazardous conditions.

Article 25-28 : This indicates the secular nature of Indian polity. There is a equal respect given to all religions .There is a freedom of conscience, profession, practice, and propagation of religion. The state has no official religion every person has the right to freely practice his or her faith.

Article 29 & 30 : These rights protect the rights of religious ,cultural and linguistic minorities by facilitating them to preserve their heritage and culture.

Article 32-35 : The constitution guarantees remedies if fundamental rights of citizens are violated. The government cannot curb anyone rights when these rights are violated aggrieved parties can reach the courts .They can go to either high or supreme court for breach of rights.

Author: vedant bajaj,
sls nagpur/1st yr ballb student