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6 Fundamental Rights of Indian Constitution (Article 12 to 35)

6 Fundamental Rights of Indian Constitution (Article 12 to 35)

Fundamental rights are the basic rights and freedoms that every citizen of India is entitled to. Fundamental Rights are essential for the development of an individual and the nation as a whole

Fundamental Rights

Fundamental Rights of Indian Constitution: The fundamental rights are essential rights granted to every citizen, crucial for their personal growth and development. The Indian Constitution, which holds the distinction of being the world’s lengthiest constitution, includes the Fundamental Rights and Duties of Indian Citizens in Part 3, from Article 12 to 35. These fundamental rights, totaling six in number, were adopted from the Constitution of the United States.

Originally, there were seven fundamental rights in the Indian Constitution. However, the Right to Property was abolished in 1978 by the 44th Constitutional Amendment. The remaining six fundamental rights are still in force and are essential for the development of an individual and the nation as a whole. It is important for every citizen to be aware of their fundamental rights and to exercise them whenever necessary

Fundamental Rights of the Indian Constitution

According to the Indian Constitution, there are six basic Indian Fundamental Rights of Indian Citizens, which are the right to equality, the right to freedom of religion, cultural and educational rights, the right to freedom, the right to constitutional remedies, and the right against exploitation. The Individual Fundamental Rights and duties of Indian Citizens include the following:

  • Equality before the law
  • Freedom of religion
  • Freedom of association and peaceful assembly
  • Freedom of speech and expression
  • Right to constitutional remedies for the protection of civil rights

Fundamental Rights of Indian Citizens

Here is the complete list of the Indian Fundamental Rights of the Indian Constitution for every citizen of India with articles. Candidates can check the detailed fundamental rights list of all the article that comes under the Fundamental Rights of the Indian Constitution.

6 Fundamental Rights of the Indian Constitution

Here we have provided detailed information about the Fundamental Rights in the Indian Constitution. We have mentioned everything about the Fundamental Rights in the Indian Constitution with all articles.

1. Right To Equality (Articles 14 to 18)

  • Equality before the law and equal protection of laws (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 and prohibition of its practice (Article 17).
  • Abolition of titles except military and academic (Article 18).

The exception to the Right to equality allowed by the Indian Constitution is that the President or the Governor of a state is not answerable to any court.

2. Right To Freedom (Articles 19 to 22)

Protection of six rights regarding freedom of (Article 19):

(i) speech and expression

(ii) assemble peacefully and without arms,

(iii) Form associations or unions

(iv) Move freely throughout the territory of India,

(v) Reside of settling in any part of the country,

(vi) Practise any profession or carry any trade or business

Protection in respect of conviction for offenses (Article 20)

Protection of life and personal liberty (Article 21): No person shall be deprived of his life or personal liberty

Right to elementary education (Article 21A): It makes the right of education for children of the age of 6 to 14 years a fundamental right.

Protection against arrest and detention in certain cases (Article 22): No person who is arrested shall be detained in custody without being informed of the grounds for such arrest.

 3. Right Against Exploitation (Articles 23 & 24)

  • Prohibition of traffic in human beings and forced labor. (Article 23)
  • Traffic in human beings and beggars and other similar forms of forced labor are prohibited.
  • Prohibition of employment of children in factories, etc. (Article 24)
  • No child below the age of 14 years can be employed to work in any factory or mine or engaged in any other hazardous employment.

 4. Right To Freedom of Religion (Articles 25 to 28)

Freedom of conscience and free profession, practice, and propagation of religion (Article 25)

Freedom to manage religious affairs (Article 26)

Freedom from payment of taxes for the promotion of any religion (Article 27)- The state can not compel any citizen to pay any taxes for the promotion or maintenance of any particular religion or religious institution.

Freedom from attending religious instruction or worship in certain educational institutions (Article 28)

 5. Cultural & Educational Rights (Article 29 & 30)

Protection of language, script, and culture of minorities (Article 29)

Where a religious community is in the minority, the constitution enables it to preserve its culture and religious interests.

Right of minorities to establish and administer educational institutions (Article 30)- Such communities have the right to establish educational institutions of their choice and the state shall not discriminate against such an educational institution maintained by a minority community.

 6. Right To Constitutional Remedies (Article 32)

The right to constitutional remedies is termed the “Soul of the constitution” by Dr. BR Ambedkar. Right to Constitution Remedies empowers Indian citizens to approach a court of law, in case of any denial of their fundamental rights. This Right gives also empowers Courts to preserve or safeguard the citizens’ fundamental rights as laid out in the Constitution.

The Writs

For the enforcement of fundamental rights, the judiciary has been armed with the power to issue the writs. The Supreme court can issue an order or following writs for the enforcement of the fundamental rights against any person or Government within the territory of India:

(i) Habeas Corpus: Habeas Corpus is a legal term that literally means “you may have the body”. It is a writ or legal order that requires a person who is detained or imprisoned to be brought before a court or a judge. The purpose of the writ is to ensure that the person is not being held illegally or without sufficient cause. It is issued to the official or a private person who has detained another person in his custody. The latter is produced before the court in order to let the court know on what grounds he has been confined.

(ii) Mandamus: Mandamus is a legal term that refers to a writ or order issued by a court that commands a public official or a lower court to perform a specific duty or to act in a particular way. The purpose of a writ of mandamus is to ensure that public officials and lower courts perform their duties in accordance with the law and in the public interest. It literally means Command. It commands the person to perform some public or legal duty that the person has refused to perform.

(iii) Prohibition: A writ of prohibition is a legal order issued by a court that prohibits a lower court or a public authority from acting outside its jurisdiction or in excess of its lawful authority. The purpose of a writ of prohibition is to prevent a court or an authority from exceeding its jurisdiction or acting in an arbitrary or illegal manner. This writ is issued by a higher court to the lower court to not exceed its jurisdiction limit. It is issued during the pendency of the proceedings.

(iv) Certiorari: Certiorari is a legal term that refers to a writ or order issued by a court that seeks to review the decision of a lower court or a public authority. The purpose of a writ of certiorari is to ensure that lower courts and public authorities act in accordance with the law and that their decisions are not arbitrary or illegal. This writ is also issued against courts or tribunals to quash the order or decision of the court or tribunal. It can be issued only after the order has been made.

(v) Quo Warranto: Quo Warranto is a legal term that refers to a writ or order issued by a court that challenges a person’s right or authority to hold a public office or a position of authority. The purpose of a writ of quo warranto is to ensure that public offices and positions of authority are held by individuals who are qualified and eligible to hold them. It is a proceeding where the court enquires into the legality of the claim. In this, a higher court can remove a public official if he/she has acquired the post illegally.