How many fundamental rights are there in indian constitution

General
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how many fundamental rights are there in indian constitution

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How many fundamental rights are there in the Indian Constitution?

Answer:

The Indian Constitution originally provided seven Fundamental Rights, but after the 44th Amendment in 1978, there are currently six Fundamental Rights guaranteed to Indian citizens. These rights are essential for the holistic development of individuals and for maintaining the actual democracy of the nation. Here’s a detailed look at each of these rights:

1. Right to Equality (Articles 14-18)

The Right to Equality is the cornerstone of the Indian legal system, ensuring that all citizens are treated equally before the law. It comprises several key elements:

  • Article 14: Ensures equality before the law and equal protection of the laws within the territory of India.
  • Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It also allows the state to make any special provisions for women, children, socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes.
  • Article 16: Guarantees equality of opportunity in matters of public employment.
  • Article 17: Abolishes “Untouchability” and forbids its practice in any form. Enforcement of any disability arising from “Untouchability” is an offense.
  • Article 18: Abolishes all titles except military and academic distinctions, thus reinforcing the principle of equality.

2. Right to Freedom (Articles 19-22)

This right bestows upon citizens a variety of freedoms, each subject to restrictions in the interest of the sovereignty and integrity of India, security of the state, public order, decency, and morality, among others:

  • Article 19: Grants six freedoms, including the freedom of speech and expression, assembly, association or union, movement throughout the territory of India, residence and settlement in any part of India, and the freedom to practice any profession.
  • Article 20: Protects individuals in respect of conviction for offenses and includes protection against double jeopardy and self-incrimination.
  • Article 21: Guarantees the right to life and personal liberty, except according to the procedure established by law, evolving dynamically through numerous judicial interpretations to include several derivative rights like the right to privacy.
  • Article 21A: Introduced by the 86th Amendment in 2002, mandates free and compulsory education for children aged 6 to 14 years.
  • Article 22: Provides protection against arrest and detention in certain cases, ensuring procedural safeguards during detention.

3. Right against Exploitation (Articles 23-24)

This fundamental right focuses on protecting individuals from exploitation:

  • Article 23: Prohibits trafficking in human beings, forced labor (begar), and similar forms of forced labor.
  • Article 24: Prohibits the employment of children below the age of 14 years in factories, mines, or other hazardous jobs.

4. Right to Freedom of Religion (Articles 25-28)

This set of rights ensures religious freedom, promoting secularism:

  • Article 25: Guarantees the freedom of conscience and free profession, practice, and propagation of religion.
  • Article 26: Grants the freedom to manage religious affairs.
  • Article 27: Prohibits the state from compelling any individual to pay taxes for the promotion or maintenance of any particular religion or religious denomination.
  • Article 28: Disallows religious instruction in educational institutions wholly funded by the state.

5. Cultural and Educational Rights (Articles 29-30)

Aimed at protecting the interests of minorities, these rights allow for cultural freedom:

  • Article 29: Protects the interests of minorities by allowing them to conserve their language, script, and culture.
  • Article 30: Enables minorities to establish and administer educational institutions of their choice, ensuring cultural preservation and educational access.

6. Right to Constitutional Remedies (Article 32)

Often termed the “heart and soul” of the Constitution by Dr. B.R. Ambedkar, this right allows individuals to move the Supreme Court to enforce Fundamental Rights. Article 32 provides several writs including Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, which can be issued as remedial measures to uphold the citizens’ rights.

These six Fundamental Rights form a crucial part of the Constitutional framework of India, ensuring not only the protection of individual liberty but also fostering equity, dignity, and justice throughout the country. They are a living testament to the commitment of the Indian state towards its citizens’ freedom and well-being.

Changes Over Time

It’s also worth mentioning that the Fundamental Rights have evolved over time through amendments and judicial interpretations:

  • Right to Property was originally a Fundamental Right under Article 31, but it was removed from the list of Fundamental Rights by the 44th Amendment in 1978 and made a constitutional legal right under Article 300A in Part XII.

  • The interpretation of these rights has expanded significantly through landmark judgments by the Indian judiciary, making them more comprehensive and inclusive.

Conclusion

In conclusion, the six Fundamental Rights in the Indian Constitution are essential for safeguarding democracy, ensuring individual freedoms, and maintaining social order by protecting against discrimination and exploitation while promoting educational and cultural rights. Understanding these rights helps in appreciating the comprehensive framework established to protect the diverse interests of Indian citizens.