Fundamental Rights

 

The Indian Constitution has provides some important rights, which are fundamental in nature. These are important rights and are not violated by the government.

What are Fundamental rights?

The Indian Constitution listed the rights that would be specially protected and call them 'fundamental rights'. The word fundamental suggests that these are so important that the constitution has separatedly listed them and made special provisions for their protection. The fundamental rights are  so important that the Constitution itself ensures  that they are not violated by the government.

How fundamental rights are different from other ordinary rights?

Fundamental rights are different from other rights. For example:

a) While ordinary legal rights are protected and enforced by ordinary law, fundamental rights are protected and guaranteed by the constitution of the country.

b) Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself.

Are fundamental rights absolute or unlimited rights?

Fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.

Fundamental Rights?

Articles related to fundamental rights are : 

 Article 12: Definition of state.

Article 13: Laws inconsistent with or inderogation of the fundamental rights.

1. Right to equality:

Article 14 : Equality before law.

Article 15: Prohibition of discrimination on grounds of religion ,race, caste, sex or place of birth.

Article 16: Equality of opportunity in matters of public employment.

Article 17:  Abolition of untouchability.

Article 18: Abolition of titles.

2. Right to freedom:

Article 19:  Protection of certain rights  regarding freedom of speech ,etc.

Article 20: Protection in respect of conviction for offences.

Article 21: Protection of personal life and liberty.

Article 21A:  Right to education.

Article 22: Protection against arrest and detention in certain cases.

3. Right against exploitation:

Article 23: Prohibition of traffic in human beings and forced labour .

Article 24 : Prohibition of employment of children in factories, etc.

4.Right to  freedom of religion:

Article 25 :Freedom of conscience and free profession, practice and propagation of religion.

Article 26: Freedom to manage religious affairs.

Article 27: Freedom as to payment of taxes for promotion of any particular religion.

Article 28: Freedom as to attendance at  religious instruction or religious worship in certain educational institutions.

5. Cultural and educational rights:

Article 29:  Protection of interest of minorities.

Article 30 : Right to  minorities to establish and administer  educational institutions.

Article 31: Compulsory acquisition of property ( repealed).

6. Right to constitutional remedies:

Article 32: Remedies for enforcement of rights conferred by this part.

Article 32A:  Constitutional validity of state laws not to be considered in proceedings under article 32 . ( repealed).

Article 33 : Power of parliament to modify the rights conferred by this part in their application to forces, etc.

Article 34: Restriction on rights  conferred by this part while martial law is in force in any area.

Article 35:  Legislation to give effect to the provisions of this part .