Fundamental Rights are supposed to a basic need for a citizen in a country. In Indian constitution also have fundamental rights which give a citizen harmonious and peaceful existence in India.
The fundamental rights in India give you freedom and equality in front of laws and many other aspects.
A complete process is there in Indian constitution which protects the rights. Suppose if a person is depraving from enjoying her/his fundamental rights in India then she/he can knock the door of the Supreme Court of India directly.
So, now you can understand how much important these rights are for a person’s personality and dignity. However these rights are taken from different Bills from other countries.
(Note- In constitution of India is described as State, so when we say state in this article that means to India country.) Today we will tell you about the Fundamental Rights in India. The Fundamental Rights in India are described in the part-3 of Indian constitution from Article 12 to 35.
1. Right to Equality- Right to equality is defined as equality before laws and employment; ignore the discrimination on the basis of caste, religion, race, gender, abolition of untouchability because India have variances in people’s religion, caste and race.
Right to Equality is divided in different articles in the constitution, which is following- (Article 14-18)
- Article 14- It says that India State will make equal laws for each and every citizen of the country and all people will be equal for laws.
- Article 15- It says that India will never discriminate a person on the bases of religion, race, caste, gender and birth place in her/his life any aspects.
- Article 16- It says that India will provide equal chances for all for appointment under any government posts.
- Article 17- It abolishes untouchability and defines it an illegal crime.
- Article 18- It abolishes persons conferred titles. No citizen is allowed to accept any title from other country without permission of the President of India.
2. Right to Freedom- Right to Freedom for speech, expression and freedom to choose any kind of profession and occupation. It divides in the following- (Article 19 to 22) Article 19- It gives seven kind of freedom-
- Freedom of speech and expression
- Freedom of forming associations
- Freedom of movement
- Freedom of residence and settlement (Except- Jammu & Kashmir)
- Freedom of choosing profession, occupation or trade
- Freedom of assembly
- Freedom of Property (Note- In the 44 amendment this right has been removed from the right of freedom, now it is only six right of freedom.)
Article 20- It describes three kinds of freedom-
- A person will be punished only once for his one crime.
- The criminal will be punished according to the contemporary laws not according to past or future laws.
- No person is bound to give her/his witness in any court of India.
Article 21- It says that no person can be deprived from the freedom of life and personal liberty.
Article 21 (a)- It says that the India state will provide free and mandatory education to the children of age 6 to 14. Article 22- It gives the protection to a person against arrest. It is of three kinds-
- The reason of arrest can be asked by the person.
- The person in arrest should be presented in front of jury within 24 hours.
- The person has freedom to choose her/his lawyer for protection.
3. Right against Exploitation- It protects a person from being exploited. It divides in two articles- Article 23 and 24)
- Article 23- It prohibits the trafficking of humans and also prohibits the labour taken forcefully.
- Article 24- It says that the children below the age of 14 are prohibited from doing labour at any dangerous place like mines and mills.
4. Right to Freedom to Religion- This right gives the protection of choosing any kind religion in India. It divides in the following sections- (Article 25 to 28)
- Article 25- It gives the freedom of choosing, living and spreading any kind of religion in India.
- Article 26- It gives the freedom of a person to open and manage associations related to her/his religion but according and respecting the laws.
- Article 27- It says that state cannot force a person for giving a part of her/his for special religious work or association.
- Article 28-It says that an association neither can teach forcefully a specific religion and nor can force anyone to listen it’s lectures which incites religious spirit.
5. Right of Culture and Education- It gives the freedom of preservation of culture and gives minorities the right of establishing and administrating of an educational institution. It divides in two sections- (Article 29and 30)
- Article 29- It gives right to the minorities to preserve their language, script and culture. It prohibits the admission of a person in any field just on the bases of language, caste, religion and culture.
- Article 30- It gives freedom to the minorities to manage and administrate any minority institutions and government will not do any partiality in the grants for minorities’ institutions.
6. Right to Constitutional Remedies- This right gives power to a person to knock at the door of Supreme Court in case of denial of any fundamental rights in India.
If a person is in imprisonment and he reach to court for help then supreme court can issue the following writs just to check is the person imprisonment according to laws or not.
That’s why this right is called ‘Heart and Soul of Constitution’. The writs are following- (Article 32)
- Hebeas Corpus- Court this issue on the demand of person in arrest if she/he thinks the imprisonment is illegal. In this court orders the authority to present the person in imprisonment at certain time and place before jury to think about the reason of imprisonment.
- Mandamnus- It is issued when a person at the government post doesn’t perform her/his duties.
- Prohibition- In this writ the Supreme Court or high court orders the lower courts not to perform into that matter because the matter is out of their authority criteria.
- Certiorari- In this writ the lower courts are given the order to pass the pending matters to the higher court for the final decision.
- Quo- Warranto- If a person at government post performs out of her/his authority criteria then the Supreme Court can ask at which authority criteria she/he is performing. She/he cannot do work until the satisfying answer will be received by Supreme Court.
(Note- The right to constitutional remedies will be suspended in case of emergency.) So, Now you come to know about Fundamental rights in India and have come to their importance as well.