Fundamental Rights of Indian Citizen in India
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Fundamental Rights are the basic rights of the common people and inalienable rights of the people who enjoy it under the charter of rights contained in Part III (Article 12 to 35) of Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizen of Indian. There are 6 Fundamental Rights they are,
- Right to Equality (Article 14 – 18)
- Right to Freedom (Article 19 – 22)
- Right against Exploitation (Article 23- 24)
- Right to Freedom of Religion (Article 25- 28)
- Cultural and Educational Rights (Article 29- 31)
- Right to Constitutional Remedies (Article 21- 35)
| Fundamental Rights | Article | Details |
|---|---|---|
| Right to Equality (Article 14 - 18) | Article 14 | Equality before law |
| Article 15 | Social equality and equal access to public areas | |
| Article 16 | Equality in matters of public employment | |
| Article 17 | Abolition of untouchability (The Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights Act in 1976)) | |
| Article 18 | Abolition of Titles (The awards of Bharat Ratna and Padma Vibhushan cannot be used by the recipient as a title The Supreme Court, on 15 December 1995, upheld the validity of such awards.) | |
| Right to Freedom (Article 19 - 22) | Article 19 (A) | Freedom of speech and expression (Right to Information has been given the status of a fundamental right under Article 19(1) of the Constitution in 2005. Article 19 (1) under which every citizen has freedom of speech and expression and have the right to know how the government works) |
| Article 19 (B) | Freedom to assemble peacefully without arms | |
| Article 19 (C) | Freedom to form associations or unions or co-operative societies | |
| Article 19 (D) | Freedom to move freely throughout the territory of India | |
| Article 19 (E) | Freedom to reside and settle in any part of the territory of India | |
| Article 19 (F) | Freedom to practice any profession or to carry on any occupation, trade or business | |
| Article 20 | Protection from conviction for offences in certain respects | |
| Article 21 | Prevents the encroachment of life or personal liberty (In 1978, the Supreme Court in the case of Maneka Gandhi v. Union of India extended the protection of Article 21 to legislative action) Supreme Court "Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution" | |
| Article 21A | Education to all children of the age of six to fourteen years ( In 2002, through the 86th Amendment Act, Article 21(A) was incorporated after 6 years union cabinet cleared the Right to Education Bill in 2008 ) | |
| Article 22 | Provides specific rights to arrested and detained persons (in particular the rights to be informed of the grounds of arrest, consult a lawyer of one's own choice, be produced before a magistrate within 24 hours of the arrest) | |
| Right against Exploitation (Article 23- 24) | Article 23 | Prohibits human trafficking and forced Labour (The Bonded Labour system (Abolition) Act, 1976, has been enacted by Parliament to give effect to this Article) |
| Article 24 | Prohibits the employment of children below the age of 14 years (Parliament has enacted the Child Labour (Prohibition and Regulation) Act, 1986) | |
| Right to Freedom of Religion (Article 25- 28) | Article 25 | Provides all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice. (The right to propagate, however, does not include the right to convert another individual) |
| Article 26 | Provides all religious denominations | |
| Article 27 | Provides that no person can be compelled to pay taxes for the promotion of any particular religion or religious institution | |
| Article 28 | Prohibits religious instruction in a wholly State-funded educational institution, and educational institutions receiving aid from the State. | |
| Cultural and Educational Rights Rights (Article 29- 31) | Article 29 | Provides any section of citizens having a distinct language, script culture of its own, the right to conserve and develop the same. |
| Article 30 | Right to set up and administer educational institutions of their choice in order to preserve and develop their own culture | |
| Article 31 | Right to Property has been omitted by the Constitution Forty Fourth Amendment Act 1978. Article 31(1) has been shifted to article 300A as a new insertion in Chapter IV in part XII of the constitution. The shifting of Article 31(1) and omitting Article 31 signify that fundamental right to property is abolished | |
| Right to Constitutional Remedies (Article 32- 35) | Article 32 | Guaranteed remedy, in the form of a Fundamental Right itself , for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution. (writs are: habeas corpus, mandamus, Prohibition, quo warranto, certiorari) (Dr. B. R. Ambedkar rightly declared Right to constitutional remedies as "the heart and soul" of Indian constitution) |
| Article 33 | Power of Parliament to modify the rights conferred by this Part | |
| 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 (In this article, the expression “law in force” has the same meaning as in article 372.) |