Fundamental rights are the basic rights granted by Part III of the Indian Constitution, from Article 12 to 35. As the name implies, fundamental rights are one of the most essential sources for the preservation and maintenance of human dignity and integrity, which also helps the growth of society as a whole. India respects the people’s rights, which are enshrined in our Constitution under the heading “Fundamental Rights.”
6 Fundamental Rights of India
Right to Equality (Articles 14 – 18)
The right to equality is one of the important fundamental rights of the Indian Constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.
Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
- Freedom of speech
- Freedom of expression
- Freedom of assembly without arms
- Freedom of association
- Freedom to practise any profession
- Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.
Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.
Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, and establish and maintain religious and charitable institutions.
Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.
Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.
Importance of Fundamental Rights
Fundamental rights are very important because they are like the backbone of the country. They are essential for safeguarding the people’s interests. According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express provision for judicial review. The SC and the High Courts can declare any law unconstitutional on the grounds that it is violative of fundamental rights. Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications, etc.
Features Of Fundamental Rights:
- The Fundamental Duties are non-justiciable – that is, The constitution does not provide for their direct endorsement by the courts. Moreover, there is no legal sanction against their violation. However, the Parliament is free to enforce them by suitable legislation.
- They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of the duties they owe to their countries, their society and their fellow citizens.
- They not only serve as a warning against antinational & antisocial activities but also they serve as an inspiration for the citizens & promote a sense discipline & commitment among them.
- They help the courts in examining and determining to constitutional validity of the law.
Why are Fundamental Rights important?
These fundamental rights are important, not just to maintain order in society but also for the proper functioning of the government. These are a set of rights that every citizen has, and when these rights are violated, the citizen can very well approach the authorities.
Fundamental Rights in any constitution give freedom and liberty to its citizens at the same time make sure that one’s freedom is not getting affected due to others’ liberty. For example, if one has the right to live, then the other does not have the liberty to kill him or her.
It empowers the citizens:
The fundamental rights empower every citizen of the country with various rights which they can use against the powerful. Provisions like the Right to speech and equality before the law empower the common citizens to stand against injustice.
Provides equal opportunity to everyone:
The fundamental right provides equal opportunity for everyone to get recruited in any office under the government or financially supported by the government. The provision for the reservation of backward castes comes from Fundamental rights.
It defines rights for every individual:
All the citizens of the country are equal beneficiaries of fundamental rights. No one is neglected, and no one is favoured. It empowers every individual to directly approach the Supreme Court if their fundamental right gets violated.
Provides the freedom to worship:
It allows every citizen to worship in whichever religion they believe. This means religion in our country is an individual matter, and the state or the government doesn’t endorse any religion over others.
Empowers minority to safeguard their culture:
The fundamental rights also empower every community to safeguard their language and culture. It encourages diversity and plurality in our country.
Thus, these rights are the claims of an individual which is useful to them for their own development, which is constituted by the constitution that is according to the legal system, social convention, or ethical theory. These rights form the fundamental pillar of society and culture.
Thus, Fundamental Rights play a significant role in a more moral, spiritual, and intellectual individual. The Constitution will lose importance if these Fundamental Rights are not protected. For the well-being of individuals, individuals who form the society, Fundamentals Rights are their saviour to live with peace and dignity. These rights thus protect and preserve the welfare of society.
