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Fundamental Rights

Fundamental rights in India, outlined in Part III of the Constitution from Articles 12 to 35, include six key rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. Each right encompasses specific articles that detail protections against discrimination, exploitation, and infringement on personal liberties. The Right to Property was removed by the 44th amendment in 1978, while Article 32 allows individuals to seek remedies from the Supreme Court.

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21 views3 pages

Fundamental Rights

Fundamental rights in India, outlined in Part III of the Constitution from Articles 12 to 35, include six key rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. Each right encompasses specific articles that detail protections against discrimination, exploitation, and infringement on personal liberties. The Right to Property was removed by the 44th amendment in 1978, while Article 32 allows individuals to seek remedies from the Supreme Court.

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bibimadihaa19
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FUNDAMENTAL RIGHTS

Fundamental rights are included in Part III of Indian constitution from Article
12 to 35.

Fundamental rights are the basic Human Rights guaranteed by the constitution
of India. There are 6 fundamental rights :–

1. Right to Equality (Article 14 to 18)


2. Right to freedom (Article 19 to 22)
3. Right against exploitation (Article 23 and 24)
4. Right to freedom of religion (Article 25 to 28)
5. Cultural and educational rights (Article 29 to 30)
6. Right to constitutional remedies (Article 32)

1. Right to Equality (Article 14 to 18) :- It includes 5 articles.

Article 14 is Legal Equality; it has two aspects - equality before law and equal
protection of law.

Article 15 is Social Equality; it prohibits discrimination on grounds of religion, race,


cast, sex or place of birth.

Article 16 is Equality of Opportunity; it provides equal public employment


opportunity for all citizens.

Article 17 is Abolition of Untouchability; the practice of untouchability is an


punishable offence.

Article 18 is Abolition of Titles; it prohibits citizens from accepting title without the
approval of President of India.

2. Right to freedom (Article 19 to 22) :- It includes 4 articles.

Article 19 is Basic Freedom; it grants 6 fundamental freedoms like freedom of speech


and expression, freedom of assembly, freedom to form associations, freedom of
movement, freedom to reside and to settle, freedom of profession occupation trade or
business.

Article 20 is Protection in Respect of Conviction for Offences; it grants 3 kinds of


protection against Self-incrimination, double jeopardy and retrospective punishment.
It is against arbitrary and excessive punishment.
Article 21 is Protection of life and Personal Liberty; it includes protection of
tradition, culture, heritage and travel abroad.

Article 22 is Protection against Arrest and Detention; it gives 3 kinds of rights to


every arrested person.

➢ He should be informed the cause of his arrest


➢ He must be free to consult lawyer of his choice
➢ He must be produced before the nearest magistrate within 24 hours of arrest

3. Right against exploitation (Article 23 and 24) :- It includes 2


articles.

Article 23 is Prohibition of Human Trafficking; it gives right against forced labour,


slavery or exploitation.

Article 24 is Prohibition of Employment of Children; Children below 14 years


working in factories, mines or in hazardous is a punishable offence.

4. Right to freedom of religion (Article 25 to 28) :- It includes 4


articles.

Article 25 is Freedom of Conscience; it gives right to profess, practice and propagate


any religion. It’s an individual right.

Article 26 is Freedom to Manage Religious Affairs; It’s an organizational right.

➢ Free to manage their own affairs in matters of religion


➢ Free to established Institutions for religious or charitable purpose
➢ Free to own and acquire property
➢ Free to manage property in accordance with law

Article 27 is Freedom from Payment of Taxes for Promotion of Any Particular


Religion; No citizen can be compelled by the state to pay taxes for maintenance of
any particular religion or religious institution.

Article 28 is Prohibition of Religious Instructions; it prohibits religious instructions


in educational institutions especially in state aided institutions.

5. Cultural and Educational rights (Article 29 to 30) :- It includes 2


articles.

Article 29 is Right to Conserve Language Script and Culture; it protects minorities


in maintaining their language script and culture.
Article 30 is Right to Establish and Administrator Educational Institution; it provides
opportunity to establish education institution for their own community and in their
own language.

Right to Property (Article 31) was removed by the 44th constitutional


amendment act of 1978.

6. Right to constitutional remedies (Article 32) :- It includes 1 article.

Article 32 is Right to Move to Supreme Court; it gives right to file 5 types of writs -
Habeas corpus, Mandamus, Prohibition, Quo warranto and Certiorari.

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