Indian Constitution : Fundamental Rights


Constitution Of India 

 Fundamental Rights 

Part III

India world's biggest democracy and Indian Constitution is world's largest written constitution. 

The Fundamental Rights are The Heart of Part Ill of the Constitution and of Indian constitution. From Articles 12 to 32. The fundamental rights in indian constitution derived from the Bill of Rights of USA constitution.

Part III of the Constitution is called as the "Magna Carta"* of India. The Fundamental Rights in our Constitution are more elaborate than any other constitutions in the world.

The Fundamental Rights are meant for promoting the ideal of political democracy.

Originally, the Constitution provided for seven 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 property (Article 31)**

7. Right to constitutional remedies (Article 32) 

**However, the right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution. So at present, there are only six Fundamental Rights.


Fundamental Rights From Art. 14 - Art. 32

Right To Equality

Article 14 : Equality before law and equal protection of laws.

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 except military and academic.

Right To Freedom

Article 19 : Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession.

Article 20 : Protection in respect of conviction for offences.

Article 21 : Protection of life and personal liberty.

Article 21A : Right to elementary education. 

(Ins. by eighty-sixth constitutional amendment act 2002 and w.e.f 1.4.2010)

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

Right Against Exploitation

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

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

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 from payment of taxes for promotion of any religion.

Article 28 : Freedom from attending religious instruction or worship in certain educational institutions.

Cultural and educational rights

Article 29 : Protection of language, script and culture of minorities. 

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

Right To Property**

Article 31 : [Omitted ] Compulsory acquisition of property (omitted by the Forty-fourth constitutional Amendment Act, 1975 and w.e.f 20-6-1979)

Right To Constitutional Remedies

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


These are the fundamental rights everyone enjoy in India which is ensured by Indian Constitution.


NOTE :

*Magna Carta was issued in June 1215 and was the first document to put into writing the principle that the king and his government was not above the law. It sought to prevent the king from exploiting his power.

w.e.f : With Effect From 

Ins. : Inserted