The Fundamental Rights

In part III of the Indian Constitution, i.e., from article 14 to 32, a list of Fundamental Rights is contained. Fundamental means ‘Basic’ and Right means ‘a moral or legal claim’. So we can say that Fundamental Rights are something which is basic to an individual and which is having a legal backing too. These rights are called Fundamental because every individual is entitled to enjoy them for their highest good.

CLASSIFICATION OF FUNDAMENTAL RIGHTS

1) Right to Equality (Article 14 – 18)

Article 14 = Deals with the equality before law and equal protection of the law.

Article 15 = Deals with the prohibition of Discrimination on the grounds of religion, race, caste, sex, place of birth etc.

Article 16 = Deals with Equality of Opportunity

Article 17 = Deals with the abolition of Untouchability and regard it as a punishable offence

Article 18 = Deals with the abolition of titles

2) Right to Freedom (Article 19 – 22)

Article 19 = Deals with 6 civil freedoms as the Fundamental Rights of Indian citizens. They are:

a) Freedom of speech and expression

b) Freedom to assemble peacefully without arms

c) Freedom to form an association

d) Freedom to move freely throughout the territory of India

e) Freedom to reside in any part of the territory of India

f) Freedom to practice any profession

Article 20 = Deals with protection from convictions

Article 21 = Deals with the right of life and personal liberty

Article 22 = Deals with the protection against arrest and detention

3) The Right against Exploitation (Article 23 & 24)

Article 23 = Deals with the prohibition of human trafficking

Article 24 = Deals with the prohibition of employment of children below 14 years of age

4) Right to freedom of Religion (Article 25 – 28)

Article 25 = Deals with the freedom to all people to practice and propagate any religion of their choice.

Article 26 = Deals with the religious denominations

Article 27 = Deals with the right of the people not to pay any tax for promotion of any religion

Article 28 = Deals with the prohibition of religious instructions.

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

6) Right to Property (Article 31)

=> According to the original Constitution, Right to Property was one of the Fundamental Rights, but it was repealed under the 44th Amendment Act, in December 1978. Now this is only a legal right.

7) Right to Constitutional Remedies (Article 32)

=> When an individual feels that any of his fundamental rights has been violated, then he has the right to move to the court, either Supreme Court or High Court or any other court, for the protection and enforcement of such rights. The court can judge a law as invalid if its terms are found to be against of any of the fundamental rights.

Add a Comment

Your email address will not be published. Required fields are marked *