Fundamental Rights
The Constitution of India
• The Fundamental Rights in India
enshrined in the Part III of the
Constitution of India guarantee
civil liberties such that all Indians can lead
their lives in peace and harmony as
citizens of India.
• These include individual rights common
to most liberal democracies, such as
equality before law, freedom of speech
and expression, freedom of association
and peaceful assembly, freedom to
practice religion, and the right to
constitutional remedies for the protection
of civil rights. Violations of these rights
result in punishments as prescribed in the
Indian Penal Code, subject to discretion of
the judiciary.
• The Fundamental Rights are defined
as basic human freedoms which
every Indian citizen has the right to
enjoy for a proper and harmonious
development of personality. These
rights universally apply to all
citizens, irrespective of race, place of
birth, religion, caste, creed, colour or
sex. They are enforceable by the
courts, subject to certain restrictions.
• The Rights have their origins in many sources,
including England's Bill of Rights, the
United States Bill of Rights and
France's Declaration of the Rights of Man.
The six fundamental rights are:
• Right to equality
• Right to freedom
• Right against exploitation
• Right to freedom of religion
• Cultural and educational rights
• Right to constitutional remedies
Right to equality
• Equality before law: Article 14
• Social equality and equal access to public
areas: Article 15
• Equality in matters of public employment:
Article 16
• Abolition of untouchability: Article 17
• Abolition of Titles: Article 18
Right to freedom
• Articles 19, 20, 21 and 22
• Freedom of speech and expression
• Freedom to assemble peacefully without arms
• Freedom to form associations or unions
• Freedom to move freely throughout the territory
of India
• Freedom to reside and settle in any part of the
territory of India
• Freedom to practice any profession or to carry
on any occupation, trade or business
Right against exploitation
• Child labour and Begar is prohibited
under Right against exploitation.
• Articles 23 and 24
Right to freedom of religion
• Right to freedom of religion, covered in
Articles 25, 26, 27 and 28, provides
religious freedom to all citizens of India
Cultural and educational rights
• As India is a country of many languages,
religions, and cultures, the Constitution provides
special measures, in Articles 29 and 30, to
protect the rights of the minorities. Any
community which has a language and a script of
its own has the right to conserve and develop
them. No citizen can be discriminated against for
admission in State or State aided institutions.
• All minorities, religious or linguistic, can set up
their own educational institutions in order to
preserve and develop their own culture.
Right to constitutional remedies
• Right to constitutional remedies empowers
the citizens to move a court of law in case
of any denial of the fundamental rights.
For instance, in case of imprisonment, the
citizen can ask the court to see if it is
according to the provisions of the law of
the country
Criticism
• Freedom of press
• Right of alternate sexuality
• Right to work
• Right to social security
• Uniform civil code
• Ambiguously worded “Scientific Temper”