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What are Fundamental Rights?

by Kusum Joshi

Fundamental Rights are essential human rights that are offered to every citizen irrespective of caste ,race , creed, place of birth , religion or gender.

List of Fundamental Rights

Six Fundamental Rights of Indian Constitution along with the constitutional articles related to them .

Fundamental Rights to Equality (Article 14-18)

The right to equality guarantees equal rights to all, regardless of religion, gender, caste, race or place of birth.

Right to Freedom of (Article 19-22)

Firstly, the right to freedom includes many rights. For instance:                   

  1. Speech
  2. Expression
  3. Assembly without arms
  4. Associations
  5. Practice any profession
  6. Live anywhere in the country

Right against Exploitation (Article 23-24)

Secondly, this right means a ban on humans, beggars, and other forms of forced labor. It also means a ban on children in factories and the like. The Constitution prohibits the employment of children under the age of 14 in danger.

Fundamental Rights to Freedom of Religion (Article 25-28)

Further more this shows the secular nature of Indian politics. Equal respect is given to all religions. There is freedom of conscience, profession, practice and religion.

Cultural and Educational Rights (Article 29-30)

Moreover, these rights protect the rights of religious, cultural and linguistic minorities by promoting the protection of their heritage and culture. The right to education is to guarantee education to all without discrimination.

Right to Constitutional Remedies (Article 32)

Above all the Constitution guarantees relief in the event of a breach of the basic rights of citizens. The government cannot infringe or restrain anyone’s rights. In addition , if these rights violates, the victim can approach the court. In conclusion , Citizens can even go directly to the Supreme Court, which can issue warrants to exercise their basic rights.

Characteristics of Fundamental Rights

  1. Basic rights differ from ordinary legal rights in terms of enforcement method. Further more, Violation of legal rights , than victim will not be able to bypass the lower court and approach the SC directly. He or she should approach the lower court first.
  2. Some of the basic rights are available to all citizens and the rest are available to all (citizens and foreigners).
  3. Moreover Basic rights are not absolute rights. They have reasonable restrictions, which means they are subject to the conditions of national security, public morality and dignity, and friendly relations with foreign countries.
  4. It means they are legitimate and enforceable by the court. If basic rights are violated, people can approach the SC directly.
  5. Modification of Basic rights by Parliament through a constitutional amendment, but only if the amendment does not change the basic structure of the constitution.
  6. Suspension of Basic rights in a national emergency.
  7. The application of basic rights may be restricted in areas under martial law or military junta.

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