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Fundamental rights – Indian constitution

Fundamental rights of India

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc.

 Why we said these are fundamental rights ??

  •  They are enshrined in the Constitution which guarantees them
  • They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.

 

List of Fundamental Rights

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 29-30)

Right to Constitutional Remedies (Article 32)

 

*Right to Property is not a Fundamental Right?

this right was removed from the list of fundamental rights by the 44th Constitutional Amendment.


Fundamental rights In Detail :-

 

1. Right to Equality (Articles 14 – 18)

Right to equality 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.


 2. 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


3. 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 children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.

 

4. 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.

 

5. 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.


 6. 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.

*Fundamental rights of India Adopted from USA with some features


Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights that are available only to citizens (and not to foreigners):

Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15).

Equality of opportunity in matters of public employment (Article 16).

Protection of freedom of:(Article 19)

  • Speech and expression
  • Association
  • Assembly
  • Movement
  • Residence
  • Profession

Protection of the culture, language and script of minorities (Article 29).

Right of minorities to establish and administer educational institutions (Article 30)


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