Fundamental Rights in the Indian Constitution: A Technical Explanation
Fundamental Rights in the Indian Constitution are a set of legal guarantees that protect individual liberties and ensure basic human rights for all citizens of India. These rights are enshrined in Part III (Articles 12 to 35) of the Indian Constitution and are essential to upholding the democratic principles of the nation. Here's a detailed technical breakdown of these rights:
Classification of Fundamental Rights
Fundamental Rights are classified under the following categories:
- 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
Article 14: Equality before Law
- All individuals are equal before the law.
- No person shall be denied equality before the law.
Article 15: Prohibition of Discrimination
- The State cannot discriminate against citizens on grounds of religion, race, caste, sex, or place of birth.
- The State cannot discriminate against any citizen in matters of public employment.
Article 16: Equal Opportunity in Public Employment
- All citizens have equal opportunity for employment or appointment to any office under the State.
- No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, or residence, be ineligible for, or discriminated against in respect of, any employment or office under the State.
Article 19: Protection of Certain Rights
- All citizens have the right to freedom of speech and expression, assemble peacefully, form associations, and move freely throughout the territory of India.
- Citizens have the right to reside and settle in any part of the country.
Article 21: Protection of Life and Personal Liberty
- No person shall be deprived of their life or personal liberty except according to the procedure established by law.
- Personal liberty includes the right to live with human dignity.
Right Against Exploitation
Article 23: Prohibition of Traffic in Human Beings and Forced Labor
- Traffic in human beings and forced labor are prohibited.
- No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any hazardous employment.
Article 24: Prohibition of Child Labor
- Children below the age of fourteen years cannot be employed in any hazardous occupations.
Right to Freedom of Religion
Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
- All individuals have the right to freely profess, practice, and propagate religion.
- Every religious denomination or any section thereof has the right to manage its religious affairs.
Cultural and Educational Rights
Article 29: Protection of Interests of Minorities
- Any section of citizens having a distinct language, script, or culture have the right to conserve the same.
- No citizen shall be denied admission into educational institutions maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them.
Article 30: Right of Minorities to Establish and Administer Educational Institutions
- Minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
Right to Constitutional Remedies
Article 32: Right to Constitutional Remedies
- Individuals have the right to move to the Supreme Court for the enforcement of Fundamental Rights.
- The Supreme Court has the power to issue writs for the enforcement of Fundamental Rights.
If a citizen feels their right to freedom of speech is being violated, they can approach the Supreme Court under Article 32 for appropriate remedies.