Fundamental rights
The Fundamental rights are enshrined in Part III of the Indian constitution from Article 12 to
35. The framer of the Indian constitution have derived the inspiration from the American
constitution i.e. the Bill of Right. It is describe as the Magna Carta of India. It contain a very long and
comprehensive list of justiciable fundamental rights. It is guaranteed to all person without any
discrimination. Originally there are seven fundamental rights. With the deletion of the right to
property it has come down to six.
The fundamental Rights can be discussed as the following
1. Right to equality
i) Equality before the law: Article 14 The state shall not deny to any person equality
before the law or the equal protection of law.
ii) Prohibition of discrimination: Article 15 states that the state shall not discriminate
against any citizen on ground of religion, sex and place of birth.
iii) Equality of opportunity: Article 16 provides for equality of opportunity for all citizens in
matter of public employment to any office under the state and no one can be
discriminated on the basis of sex, race, religion place of birth etc.
iv) Abolition of untouchability: Article 17 abolishes untouchability and forbid its practice in
any form.
v) Abolition of Titles: Article 18 prohibit the state from conferring any title except for
military or academic distinction. No citizen of India can accept title from foreign state
2. Right to Freedom
The constitution guarantees six fundamental freedoms to the citizens. Its states that all
citizens have right to
i) Freedom of Speech and expression.
ii) Freedom of peaceful assembly
iii) Freedom to form association
iv) Freedom of movement
v) Freedom to reside and settle
vi) Freedom of profession, occupation, trade or business.
This six fundamental freedom constitute the backbone of right to freedom of
the people of India.
3) Protection against arbitrary arrest and conviction
Article 20 grant protection against arbitrary and excessive punishment to an
accused person, whether citizens or foreigner or legal person like company. It
contains three provision-
i) NO person shall be convicted of any offence except for violation of law at the time of
commission of act.
ii) No person can be subjected to penalty greater than the one prescribe by law in force at
the time of the commission of the act.
iii) No person can be arrested for the same offence more than once.
iv) No person accused can be forced to be a witness against himself.
4) Protection of life and personal liberty
Article 21 say that no person shall be deprived of his life or personal liberty except
according to the procedure established by law. This right is available to both the citizens
and aliens.
Article 21 A provide that the state shall provide free and compulsory education to the
person below 14 years.
5) Protection against arrest and detention: Article 22 provide protection against arrest
and detention. It lays down that arrested person shall be informed on the ground of his
arrest and be defended by his own lawyer. He has to be produced before the nearest
magistrate within 24 hours and cannot be detained in custody beyond 24 hours without
the authority of magistrate
6) Right against Exploitation:
a) Prohibition of traffic in human being and forced labour: Article 23 prohibit traffic in human
being, beggar (forced labour) and other similar form, of forced labour.
b) Prohibition of employment of children: Article 24 prohibit the employment of children
below 14 years in the mines, factories or any hazardous activities.
7) Right to freedom of religion
i) Freedom of profession, Practice and propagation of all the religion:
Article 25 says that all person are equally entitle to freedom of conscience
and the right to freely profess, practice and propagate religion.
ii) Freedom to manage religious affairs (Article 26)
iii) Freedom from paying taxes for the promotion of religion (Article 27)
iv) Freedom from attendance in religious function (Article 28)
8) Cultural and Educational Rights
Right to maintain script, language and culture: Article 29 provide that any section of the
citizens residing in any part of India having a distinct language, script or culture of its own
shall have the right to conserve them.
Right of minorities to establish and administer educational institutions:
Article 30 states that all minorities whether based on religion or language have the right to
establish and administer their educational institutions.
9) Right to constitutional remedies
Article 32 provide for right to move to court for securing the fundamental rights as
enshrined in the constitution. In other word any citizens can approach the court if their
fundamental right has been violated. The Supreme Court under article 32 can issue five writs
for the enforcement of fundamental rights. They are the following
i) The Writ of Habaes Corpus
ii) The writs of mandamus
iii) The Writs of prohibition
iv) The writs of Quo warranto
v) The wits of Certiorari.
Conclusion: Thus the part III of the Indian constitution guarantees the fundamental rights of
the people which constitute the charter and freedom of the people of India. It form the basic
part of the Indian constitution and cannot be deleted.