Index

1. Introduction 
2. The Six Fundamental Rights In The Indian Constitution
3. The Role Of Fundamental Rights In Upholding Democracy And Secularism In India
4. Right To Equality In The Indian Constitution
5. Right To Freedom In The Indian Constitution
6. Rights Against Exploitation 
7. Right To Freedom Of Religion In The Indian Constitution
8. Cultural And Educational Rights In The Indian Constitution
9. Right To Constitutional Remedies
10. Conclusion 

Introduction 

The Indian Constitution of 1950 includes provisions that ensure the basic human rights of all Indian citizens. There are six Fundamental Rights that protect individuals from discrimination based on religion, race, gender, and more. These rights can be invoked by individuals if they are violated. Found in Part-III of the Constitution, these Fundamental Rights are often referred to as the ‘Magna Carta’ of the Indian Constitution. This article will explore these fundamental rights in detail.

The Six Fundamental Rights In The Indian Constitution

The Indian Constitution enshrines six fundamental rights:

1. Right to Equality (Articles 14–18)
2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to Freedom of Religion (Articles 25–28)
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Constitutional Remedies (Article 32)

Notably, the right to property was originally one of these fundamental rights. However, it was removed from this category by the 44th Constitutional Amendment Act of 1978. As a fundamental right, the right to property hindered efforts to achieve property distribution, equality, and socialism. Currently, the right to property is a legal right under Article 300A, rather than a fundamental right.

The Role Of Fundamental Rights In Upholding Democracy And Secularism In India

Fundamental rights serve as the cornerstone of India’s democratic and secular system. They create the necessary conditions for the material and moral protection of individuals, ensuring social justice and equality. These rights also safeguard the interests of minorities and other vulnerable groups, guaranteeing individual liberty. By establishing the rule of law, fundamental rights limit the absolute power of the government.

Right To Equality In The Indian Constitution

Article 14, Equality before the Law: Article 14 mandates that all individuals are equal in the eyes of the law. It stipulates that all citizens of India must be treated equally before the law, ensuring that everyone is equally protected. Under similar circumstances, the law must treat people in the same manner.

Article 15, Prohibition of Discrimination: This provision prohibits any form of discrimination based on religion, race, place of birth, caste, or gender. It ensures that no citizen faces any disability, restriction, liability, or condition in accessing public places or using public properties such as tanks, ghats, and wells maintained by the state or intended for public use. Additionally, it allows for special provisions to be made for women, children, and backward classes, notwithstanding the general prohibition of discrimination.

Article 16, Equal Opportunity in Public Employment: Article 16 guarantees equal employment opportunities in state services for all citizens. It ensures that no citizen is discriminated against or favored in public employment based on religion, caste, race, gender, place of birth, residence, or descent. Exceptions can be made to provide special provisions for the backward classes.

Article 17, Abolition of Untouchability: Article 17 strictly prohibits the practice of untouchability in all its forms. It declares the abolition of untouchability and considers any disability or dispute arising from it as an offense.

Article 18, Abolition of Titles: Article 18 abolishes the conferral of titles by the State, with exceptions for academic and military titles. It also prohibits Indian citizens from accepting any titles from foreign countries. Titles awarded by the British government, such as Rai Bahadur and Khan Bahadur, are abolished under this article. However, national awards such as Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna, and military honors like Ashok Chakra and Param Vir Chakra are not considered titles under this provision.

Right To Freedom In The Indian Constitution

Article 19 of the Constitution guarantees six fundamental freedoms to every citizen of India. These include:

Article 19(1)(a), Freedom of Speech and Expression: This provision guarantees every citizen the freedom of speech and expression. However, the law may impose restrictions on this freedom to protect the integrity, security, and sovereignty of the country. Additional restrictions include maintaining friendly relations with foreign nations, preserving public order, preventing incitement to offenses, and addressing defamation or contempt of court.

Article 19(1)(b), Freedom to Assemble: This provision ensures that every individual has the right to assemble peacefully without arms. Reasonable restrictions may be imposed to safeguard the sovereignty and integrity of the country and to maintain public order.

Article 19(1)(c), Freedom to Form Associations or Unions: This provision grants Indian citizens the right to form associations, unions, or cooperative societies. However, this freedom is subject to certain exceptions for maintaining the integrity and security of the country and ensuring public order.

Article 19(1)(d), Freedom to Move Freely: This provision ensures that citizens of India have the right to move freely throughout the country. Nonetheless, this freedom can be restricted on grounds of security, public order, or to protect the interests of Scheduled Tribes.

Article 19(1)(e), Freedom of Residence: This provision guarantees all Indian citizens the right to reside in any part of the country. Similar to the freedom to move freely, this right may be limited for reasons of security, public order, or to safeguard the interests of Scheduled Tribes.

Article 19(1)(g), Freedom of Profession: This provision allows citizens to pursue any trade, profession, or occupation, provided it is neither illegal nor immoral. The law permits the State to legislate on technical or professional qualifications necessary for practicing a particular trade or profession.

Article 20, Protection of Citizens in Case of Conviction for Offences: This provision safeguards citizens in respect of convictions for offenses, offering three types of protections against the State: protection from retrospective criminal legislation, protection against double jeopardy, and prohibition against self-incrimination.

Article 21,Right to Life: Article 21 states that no person shall be deprived of life or personal liberty except according to the procedure established by law. The right to life extends beyond mere existence to include the right to live with dignity. This article has a broad scope and has been subject to evolving interpretation over the decades.

Article 21A, Free Education: Inserted by the 86th Constitutional Amendment Act in 2002, this provision mandates that the State provide free and compulsory education to all children between the ages of 6 and 14.

Article 22, Protection Against Arrest and Detention in Certain Cases: This provision applies to both citizens and non-citizens, offering procedural safeguards in cases of arrest. While it is not a fundamental right against detention and arrest, it aims to prevent arbitrary arrests and detentions. Notably, it does not apply to those arrested under preventive detention laws or enemy aliens.

Article 22(1): This provision requires that any individual in custody be informed of the reasons for their arrest. Additionally, they must not be denied the right to consult a lawyer.

Article 22(2): This provision mandates that an arrested individual must be produced before a judicial magistrate within 24 hours of their arrest. Furthermore, it specifies that no individual can be held in custody beyond the period set by the judicial magistrate.

Rights Against Exploitation 

Articles 23 and 24, Prohibition of Human Trafficking, Forced Labour, and Child Labour

Article 23(1): This provision prohibits human trafficking, “begar,” and other forms of forced labour. Any violation of this provision is punishable by law.

Article 23(2): This provision allows the state to impose compulsory service for public purposes without discrimination based on religion, race, caste, or class.

Article 23 protects individuals not only from the state but also from private citizens. In line with this provision, Parliament has enacted laws such as the Bonded Labour System (Abolition) Act, 1976, and the Suppression of Immoral Traffic in Women and Girls Act, 1956.

Article 24, Prohibition of Employment of Children in Factories, etc.: Article 24 states that no child below the age of fourteen years shall be employed in any factory, mine, or other hazardous employment. This provision categorically prohibits the employment of children under 14 in hazardous industries, factories, or mines, without exceptions. However, children may be legally employed in non-hazardous work. Parliament has passed several laws related to this provision, including the Factories Act, 1948, the Mines Act of 1952, the Child Labour (Prohibition and Regulation) Act, 1986, and the Child Labour (Prohibition & Regulation) Amendment Act, 2016.

Right To Freedom Of Religion In The Indian Constitution

Article 25,Freedom of Conscience and Religious Practice: Article 25 guarantees every citizen the freedom of conscience and the right to profess, practice, and propagate their religion. However, these freedoms are subject to considerations of public order, health, and morality. The State is empowered to enact laws regulating or restricting financial, economic, political, or secular activities related to religious practices. Additionally, it allows for social welfare reforms and the opening of Hindu religious institutions of a public nature to all sections and classes of Hindus.

Article 26,  Freedom to Manage Religious Affairs: Article 26 grants every religious denomination the right, subject to moral, health, and public order considerations:

1. To form and maintain institutions for religious and charitable purposes.
2. To manage its own affairs concerning religion.
3. To acquire and administer immovable and movable property in accordance with the law.

Article 27, Freedom from Taxation for Promotion of Religion: Article 27 ensures that no taxes shall be levied on proceeds used directly for the promotion or maintenance of any particular religion or religious denomination.

Article 28 grants freedom regarding attendance at religious instruction or worship in certain educational institutions, allowing religious groups to establish and maintain educational institutions for the purpose of providing religious instruction.

Cultural And Educational Rights In The Indian Constitution

Article 29 is designed to safeguard the interests of minority groups.

Article 29(1): This provision ensures that any section of citizens in India with a distinct culture, language, or script has the right to preserve and promote their cultural identity, language, and script.

Article 29(2): Article 29(2) mandates that the state cannot discriminate against any person in admission to educational institutions maintained or aided by the state based on factors such as race, religion, caste, language, or any combination thereof.

Article 30, Right of Minorities to Establish and Administer Educational Institutions :This right is granted to minorities to form and govern their educational institutions, often referred to as the ‘Charter of Education Rights’.

Article 30(1): This provision ensures that all religious and linguistic minorities have the freedom to establish and manage educational institutions according to their preferences.

Article 30(2): Under this provision, the state is prohibited from discriminating against any educational institution based on it being managed by a minority, whether it is based on religion or language, when granting aid to educational institutions.

Right To Constitutional Remedies

According to Article 32, the Constitution guarantees remedies if the fundamental rights of citizens are violated, preventing the state from infringing upon or limiting any individual’s rights. In case of rights violations, individuals can seek redress through the courts, including directly approaching the Supreme Court of India, which has the authority to issue writs for the enforcement of fundamental rights. There are five types of writs that the court can issue for this purpose.

1. The term ‘Habeas Corpus’ means “to have the body of”. According to this writ, the court has the authority to summon any detained person to evaluate the legality of their detention.
2. The term ‘Certiorari’ means “to be certified”. This writ allows a higher court to review a case that has been tried in a lower court. It is primarily used to seek judicial review of a decision made by a court or a government authority.
3. The writ of ‘Prohibition’ is issued by a court to prevent lower courts, tribunals, and other quasi-judicial authorities from acting beyond their legal authority. It is used to check inactivity, in contrast to the writ of Mandamus, which checks activity.
4. The term ‘Mandamus’ means “We command”. This writ is used by the court to direct a public official who has failed or refused to perform his duty to resume his work. The writ of Mandamus can also be issued against a public body, an inferior court, a corporation, a tribunal, or a government.
5. The term ‘Quo Warranto’ means “By what authority or warrant”. The Supreme Court or high courts use this writ to prevent the illegal usurpation of a public office by an individual. The writ of Quo Warranto authorizes the court to examine the legality of a person’s claim to a public office.

Conclusion

Fundamental Rights enshrined in the Indian Constitution serve as a guarantee that ensures democracy will endure and all Indian citizens will have their basic rights protected. These civil liberties take precedence over any other law in the country. Fundamental rights are crucial for the overall development of both the people and the nation.