The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are:
- Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.
- Right to 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 the State, friendly relations with foreign countries, public order, decency or morality).
- Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
- Right to freedom of conscience and free profession, practice, and propagation of religion.
- Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and
- Right to constitutional remedies for enforcement of Fundamental Rights.
Key Features of Fundamental Rights:
- Universality: Fundamental rights apply to all citizens irrespective of their caste, creed, religion, gender, or place of birth.
- Justiciability: In case of violation of fundamental rights, individuals can approach the courts for redressal.
- Limitations: Fundamental rights are not absolute and can be subjected to reasonable restrictions in the interest of public order, morality, and national security.
- Amendability: While fundamental rights can be amended by Parliament, the basic structure of the Constitution cannot be altered.
The Six Fundamental Rights:
1. Right to Equality (Articles 14-18): This right ensures equality before the law and equal protection of the law for all citizens.
Article 14: Equality before the law: This ensures that all persons are equal in the eyes of the law and are subject to the same legal processes. It prohibits discrimination by the state in the application of laws.
Article 15: Prohibition of discrimination: This prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It aims to create a level playing field for all citizens and prevent social discrimination.
Article 16: Equality of opportunity in public employment: This guarantees equal opportunities for all citizens in matters of employment under the state. It allows for reservations for backward classes, Scheduled Castes, and Scheduled Tribes to ensure their adequate representation.
Article 17: Abolition of Untouchability: This abolishes the practice of untouchability in any form. It aims to eradicate the social evil of untouchability and promote social equality.
Article 18: Abolition of titles: This abolishes titles conferred by the state, except for military and academic distinctions. It aims to prevent the creation of artificial hierarchies and promote equality among citizens.
2. Right to Freedom (Articles 19-22): This right guarantees various freedoms to citizens, including freedom of speech and expression, assembly, association, movement, residence, and profession.
Article 19: Protection of certain rights regarding freedom of speech, etc.: This article guarantees several freedoms, including:
Freedom of speech and expression: This allows citizens to express their views and opinions freely, subject to reasonable restrictions.
Freedom of assembly: This allows citizens to assemble peacefully and without arms.
Freedom to form associations or unions: This allows citizens to form associations and unions for various purposes.
Freedom of movement: This allows citizens to move freely throughout the territory of India.
Freedom to reside and settle: This allows citizens to reside and settle in any part of the territory of India.
Freedom of profession, occupation, trade, or business: This allows citizens to pursue any profession, occupation, trade, or business of their choice, subject to reasonable restrictions.
Article 20: Protection in respect of conviction for offenses: This guarantees protection against double jeopardy and self-incrimination.
Article 21: Protection of life and personal liberty: This guarantees the right to life and personal liberty to all citizens. It is a broad and comprehensive right that has been interpreted to include various other rights, such as the right to clean environment, right to education, and right to privacy.
Article 22: Protection against arrest and detention in certain cases: This provides safeguards against arbitrary arrest and detention.
3. Right Against Exploitation (Articles 23-24): This right prohibits exploitation of individuals.
Article 23: Prohibition of traffic in human beings and forced labor: This prohibits traffic in human beings and forced labor in any form. It aims to protect individuals from exploitation and ensure their dignity.
Article 24: Prohibition of employment of children in factories, etc.: This prohibits the employment of children below the age of 14 years in factories, mines, and other hazardous occupations. It aims to protect children from exploitation and ensure their well-being.
4. Right to Freedom of Religion (Articles 25-28): This right guarantees freedom of religion to all citizens.
Article 25: Freedom of conscience and free profession, practice and propagation of religion: This guarantees freedom of conscience and the right to profess, practice, and propagate any religion.
Article 26: Freedom to manage religious affairs: This allows religious institutions to manage their own affairs.
Article 27: Freedom as to payment of taxes for promotion of any particular religion: This prohibits the state from levying taxes for the promotion of any particular religion.
Article 28: Freedom from attending religious instruction in certain educational institutions:1 This provides freedom from attending religious instruction in certain educational institutions.
5. Cultural and Educational Rights (Articles 29-30): This right protects the cultural and educational rights of minorities.
Article 29: Protection of interests of minorities: This protects the interests of minorities to conserve their culture, language, and script.
Article 30: Right of minorities to establish and administer educational institutions: This grants minorities the right to establish and administer educational institutions of their choice.
6. Right to Constitutional Remedies (Article 32): This right guarantees the right to move the Supreme Court for the enforcement of fundamental rights.
It is considered the most important fundamental right as it provides a mechanism for the protection of all other fundamental rights. The Supreme Court can issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari for the protection of fundamental rights.