The Fundamental Rights of Indian Constitution are basic human liberties which are completely non-negotiable rights guaranteed to Indian citizens. It is mentioned in the Article 12 to 35 of the Indian Constitution, which ensures a dignified life and prevents misuse of power by the government.
The Fundamental Rights of the Indian Constitution are the basic human liberties guaranteed to every citizen of India. They are the foundation of democracy and ensure that every person can live with dignity, equality and freedom in the country. These rights protect people from unfair treatment by the government and create a political system where justice and liberty are regularly enforced in everyday life. When India became independent, the drafters of the Indian Constitution understood that true freedom means giving citizens the power to speak freely, practice any religion, live without discrimination and seek justice when their rights are violated. Therefore, Fundamental Rights were included to safeguard the dignity of Indian citizens.
Fundamental Rights of the Indian Constitution are completely non-negotiable rights which are universal, enforceable and justiciable by nature. Fundamental Rights in India help promote justice & democracy, protect minorities, guarantee equality to citizens regardless of their religion, caste, creed and gender. 6 Fundamental Rights of the Indian Constitution also include freedom of religion, expression and speech, which prevents exploitation from other religious or dominant groups. Since these rights are justiciable, any citizen facing discrimination can move to court, making these rights very protective. However, these rights are different from Fundamental Duties mentioned in the Indian constitution as Fundamental rights aim to protect individual liberty, and fundamental duties promote social responsibility and national unity.
What is Fundamental Rights?
Fundamental rights are basic human liberties that are completely non-negotiable rights guaranteed to Indian citizens. It is mentioned in the Article 12 to 35 of the Indian Constitution, which ensures a dignified life and prevents misuse of power by the government. They are justiciable, protecting individuals against exploitation and discrimination. There is a total of 6 Fundamental rights in India, which are Right to Equality, Right to Freedom, right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights and Rights to Constitutional Rights.
Types of 6 Fundamental Rights of Indian Constitution
Fundamental Rights in the Indian Constitution are guaranteed and justiciable rights under Articles 12 to 35 of Part III of the Indian Constitution. They ensure basic liberties, equality and dignity to all citizens. There are a total of 6 fundamental rights of Indian Constitution, such as the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Constitutional Remedies and Cultural and Educational Remedies. Let’s take a look at the types of fundamental rights of the Indian Constitution: -
1. Right to Equality
Right to Equality is mentioned in Articles 14 to 18 of the Indian Constitution, which ensures equality before the law, prohibits discrimination, guarantees equal employment opportunities and abolishes untouchability in the country.
2. Right to Freedom
Right to Freedom is mentioned in Articles 19 to 22 of the Indian Constitution, which protects the freedom of speech, assembly, association, quit india movement, residence and profession. It also provides protection regarding conviction and personal liberty, which is known as the right to Life.
3. Right against Exploitation
Right against Exploitation is mentioned in the Article 23 to 34 of the Indian Constitution which prohibits buying and selling men, women & children for immoral purposes, forced labor and employment of children in hazardous jobs.
4. Right to Freedom of Religion
Right to Freedom of Religion is mentioned in the Article 25 to 28 of the Indian Constitution, which guarantees freedom of religion, the right to practice, profess and manage religious affairs. It allows citizens to practice any religion without oppression from other dominant religious groups in the country.
5. Cultural and Educational Rights
Right to Cultural and Educational Rights is mentioned in the Article 29 to 30 of the Indian Constitution, which protects the rights of minorities to conserve their language, script, or culture. It also allows the establishment of the best institute for UPSC.
6. Right to Constitutional Remedies
Right to Constitutional Remedies is mentioned in Article 32 of the Indian Constitution, which empowers citizens to move the Supreme Court for the enforcement of fundamental rights in case of any violation.
Features of Fundamental Rights
Fundamental rights in India are the basic rights guaranteed by the Indian Constitution that belong to every citizen from birth until death. They serve as ground rules that prevent the government from exploiting people and guarantee them the freedom to live with dignity. The Fundamental rights are universal, inviolable, and enforceable. Let’s take a look at the features of fundamental rights: -
Universal
Fundamental Rights are universal in nature, which means they apply to everyone regardless of race, gender, religion and gender in the country. This ensures citizens, no matter their background, can avail themselves of the benefits of these guaranteed rights by the Indian Constitution.
Inviolable
Fundamental Rights are inviolable which means they can’t be violated. They cannot be taken away by the government though they can sometimes be restricted in specific legal situations, like during a national emergency.
Enforceable
Fundamental Rights in India are enforceable which highlights that citizens can seek justice from the court in case these rights are violated. They are available to all individuals within a jurisdiction, and the court is responsible to provide protection to the affected people.
Importance of Fundamental Rights
Fundamental rights are important constitutionally guaranteed rights that protect individuals from state arbitrariness, guarantee equality and liberty, protect minorities and promote justice and democracy. Let’s take a look at the importance of fundamental rights: -
Protection Against State Arbitrariness
Fundamental rights act as limitations on the power of the government, prevent the abuse of authority and ensure individual freedom are not violated. These rights ensure protection against state arbitrariness.
Guarantee of Equality and Liberty
Fundamental rights ensure that all individuals are treated equally under the law by prohibiting caste discrimination, race, caste, sex or place of birth. It guarantees equality and liberty to all citizens.
Promotion of Justice and Democracy
Fundamental rights form the backbone of the Indian democratic society which allows for freedom of speech, assembly and expression which are necessary for holding the government accountable.
Protection of Minorities
Fundamental rights protect the rights of minority groups to preserve their culture, language, and script, ensuring they are not suppressed by the majority. Particularly Article 29 and 30 protect minorities by establishing educational institutions of their choice.
Enforceable Rights
All Fundamental Rights of Indian Constitution are enforceable, they allow citizens to approach Supreme Court or High Courts if their rights are violated, making them tangible protections. The Article 32 of the Constitution provides protection against violation of fundamental rights.
Key Difference Between Fundamental Rights and Fundamental Duties
Fundamental rights and Fundamental Duties are part of the Indian Constitution, but they are totally different. Fundamental Rights are enforceable and aim to protect individual liberties against the state, while fundamental duties are non-enforceable, moral and civic obligations which aim at promoting patriotism and maintaining national unity. Let’s understand the key difference between fundamental rights and fundamental duties: -
1. Enforceability
Fundamental rights are justiciable and enforceable by courts while fundamental duties are not legally enforceable, though they can be considered by courts during interpretation. However, Fundamental Duties are not justiciable, and citizens cannot directly file a petition in court for their non-performance.
2. Purpose
Fundamental Rights aim to protect individual liberty and restrict the government from potential exploitation. However, Fundamental Duties promote social responsibility and national unity.
3. Nature
Fundamental Rights are not absolute and can be restricted while Fundamental Duties represent absolute moral obligations which should be implemented by citizens in order to promote harmony, justice and unity.
Conclusion
The Fundamental Rights of the Indian Constitution are the basic human rights granted to every citizen of India. They are completely non-negotiable rights which are universal, enforceable and justiciable by nature. Fundamental Rights in India provide protection against state arbitrariness, guarantee equality & liberty, promotes justice & democracy, protects minorities against exploitation and provides protection in case of violation of any fundamental right. However, these rights are different from Fundamental Duties which are moral obligations on the part of citizens to promote harmony and unity.