INDIAN CONSTITUTION - 20ME45T
WEEK 2: FUNDAMENTAL RIGHTS
Definition:
The fundamental rights are the basic rights given to the citizens by the constitution of the country
and which are essential for man to lead a decent and respectable life and to attain the fullest
development of his human personality.
They are applied without discrimination on the basis of race, religion, gender, etc. Significantly,
fundamental rights are enforceable by the courts, subject to certain conditions. The fundamental rights
are guaranteed by the constitution of India, they cannot be taken away unless the constitution is
amended.
Classification of Fundamental Rights: There are six fundamental rights of Indian Constitution along
with the constitutional articles related to them are mentioned below:
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)
1. The right to equality (Articles 14 to 18)-
The right to equality provides for the equal treatment of everyone before the law, prevents
discrimination on various grounds, treats everybody as equals in matters of public employment, and
abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.).
Article Brief Description
The State shall not deny to any person equality before the law
Equality before the law (Article 14) or the equal protection of the laws within the territory of
India, on grounds of religion, race, caste, sex or place of birth
The State shall not discriminate against any citizen on
Prohibition of discrimination (Article 15) grounds only of religion, race, caste, sex, place of birth or any
of them.
Equality of opportunity in matters of There shall be equality of opportunity for all citizens in
public employment (Article 16) matters relating to employment or appointment to any office
under the State.
Abolition of untouchability (Article 17) Abolition of untouchability
Abolition of titles (Article 18) Abolition of all titles except military and academic
SURESH B S L/ME , DEPT. OF MECHANICAL ENGG GPT CHAMARAJANAGAR
INDIAN CONSTITUTION - 20ME45T
2. The right of freedom (Article 19 to 22)-
The right to freedom guarantees freedom for citizens to live a life of dignity among other things.
Freedom of speech and expression, assembly, association or union, movement, residence and right to
practice any profession or occupation (some of these rights are subject to security of states, friendly
relations with foreign countries, public order, decency and morality.)
Article Brief Description
Protection of 6 rights concerning the freedom of:
Speech and expression
Article 19 Assembly
Association
Movement
Residence
Profession
This provides for three types of protection of the individual
Article 20 - Protection with respect to against the State.
conviction for offences Retrospective criminal legislation
Double jeopardy
Prohibition against self-incrimination
Article 21 states that no person shall be deprived of his life
Article 21 - Right to life and personal and personal liberty by the State except as per the procedure
liberty established by law. This article has a wide scope and its
interpretation has undergone many changes over the decades.
This article was introduced by the 86th Constitutional
Article 21A - Right to elementary Amendment in 2002. It provides that the State shall provide
education free and compulsory education to all children between the
ages of 6 and 14.
The article provides the following safeguards:
Article 22 - Protection against arrest and Article 22(1) – Any person who is in custody has to be
informed as to why he has been arrested. Further, he cannot be
detention in certain cases
denied the right to consult an advocate.
Article 22(2) – The arrested individual should be produced
before a judicial magistrate within 24 hours of his arrest.
Article 22(3) – No individual who has been arrested can be
kept in custody for more than the period determined by the
judicial magistrate.
SURESH B S L/ME , DEPT. OF MECHANICAL ENGG GPT CHAMARAJANAGAR
INDIAN CONSTITUTION - 20ME45T
3. The right against exploitation (Articles 23 and 24)-
The Right against Exploitation is enshrined in Articles 23 and 24 of the Indian Constitution.
These are important Fundamental Rights that guarantee every citizen protection from any kind of forced
labour.
Article 23 – Prohibition of traffic in human beings and forced labour:
Article 23(1): Traffic in human beings and the beggar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in accordance with
the law.
Article 23(2): Nothing in this article shall prevent the State from imposing compulsory service for
public purposes, and in imposing such service the State shall not make any discrimination on
grounds only of religion, race, caste or class or any of them.
Article 24 – Prohibition of employment of children in factories, etc:
Article 24 says that “No child below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.”
This Article forbids the employment of children below the age of 14 in any hazardous industry or
factories or mines, without exception. However, the employment of children in non-hazardous work
is allowed.
4. The right of freedom of religion (Articles 25 to .28)-
The Constitution of India guarantees the right to freedom of religion to not only individuals but also
religious groups in India. This is enshrined in Articles 25 to 28.
Article 25- (Freedom of conscience and free profession, practice, and propagation of religion)
Article 26 – Freedom to manage religious affairs- This Article provides that every religious
denomination has the following rights, subject to morality, health, and public order.
Article 27 – Freedom as to payment of taxes for promotion of any particular religion-
According to Article 27 of the Constitution, there can be no taxes, the proceeds of which are
directly used for the promotion and/or maintenance of any particular religion/religious
denomination.
Article 28 – Freedom as to attendance at religious instruction or religious worship in certain
educational institutions
SURESH B S L/ME , DEPT. OF MECHANICAL ENGG GPT CHAMARAJANAGAR