Fundamental Rights

 

In India, Fundamental Rights are a set of constitutional provisions that guarantee certain basic rights and freedoms to all citizens. These rights are enshrined in Part III (Articles 12 to 35) of the Indian Constitution and are considered the cornerstone of Indian democracy. These rights are justifiable, meaning that citizens can approach the courts if they believe their Fundamental Rights are being violated by the government.

Here are the key Fundamental Rights in India:

  1. Right to Equality (Articles 14-18):
    • Article 14: Equality before the law and equal protection of the law.
    • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
    • Article 16: Equality of opportunity in public employment.
    • Article 17: Abolition of "untouchability."
    • Article 18: Abolition of titles and awards.
  2. Right to Freedom (Articles 19-22):
    • Article 19: Protection of certain rights regarding freedom of speech, expression, assembly, association, and movement.
    • Article 20: Protection against double jeopardy and self-incrimination.
    • Article 21: Protection of life and personal liberty.
    • Article 21A: Right to education for children (added by the 86th Amendment Act, 2002).
    • Article 22: Protection against arrest and detention in certain cases.
  3. Right to Exploitation (Articles 23-24):
    • Article 23: Prohibition of trafficking in human beings and forced labor.
    • Article 24: Prohibition of employment of children in hazardous industries.
  4. Right to Freedom of Religion (Articles 25-28):
    • Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
    • Article 26: Freedom to manage religious affairs.
    • Article 27: Freedom from taxes for the promotion of any religion.
    • Article 28: Freedom from religious instruction in educational institutions funded by the government.
  5. Cultural and Educational Rights (Articles 29-30):
    • Article 29: Protection of the interests of minorities.
    • Article 30: Right of minorities to establish and administer educational institutions.
  6. Right to Constitutional Remedies (Article 32):
    • Article 32: Right to move the Supreme Court for the enforcement of Fundamental Rights. It is often referred to as the "heart and soul" of the Indian Constitution.

Additionally, the Constitution of India also prohibits the government from making any law that takes away or abridges these Fundamental Rights, except under certain conditions mentioned in the Constitution, such as in the interest of public order, security, and morality.

It's important to note that these Fundamental Rights are not absolute and are subject to reasonable restrictions imposed by the government in the interest of various social and public welfare objectives. The judiciary plays a vital role in interpreting and safeguarding these rights, ensuring that they are upheld and protected in a democratic society like India.

 

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