Friday, July 25, 2025

The Six Fundamental Rights

The Six Fundamental Rights Are:

Right to equality (Article 14–18)

Right to freedom (Article 19–22)

Right against exploitation (Article 23–24)

Right to freedom of religion (Article 25–28)

Cultural and educational rights (Article 29–30)

Right to constitutional remedies (Article 32–35)

The Fundamental Rights in India

The Fundamental Rights in India are enshrined in part III (Article 12–35) of the Constitution of India. They guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. 

These rights are known as "fundamental" as they are the most essential for all-round development, which are material, intellectual, moral and spiritual and protected by fundamental law of the land, which is the constitution. 

If the rights provided by Constitution especially the fundamental rights are violated, the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. 

Violations of these rights result in punishments as prescribed in the Bharatiya Nyaya Sanhita, subject to discretion of the judiciary. 

The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the right to enjoy for a proper and harmonious development of personality and life. 

The Fundamental Rights universally to all citizens of India, irrespective of their race, place of birth, religion, caste or gender. 

The Fundamental Rights are enforceable by the courts, subject to certain restrictions. 

The Fundamental Rights in India have their origins in many sources, including 

England's Bill of Rights, 

The United States Bill of Rights 

France's Declaration of the Rights of Man.

The six fundamental rights are:

Right to equality (Article 14–18)

Right to freedom (Article 19–22)

Right against exploitation (Article 23–24)

Right to freedom of religion (Article 25–28)

Cultural and educational rights (Article 29–30)

Right to constitutional remedies (Article 32–35)

Meaning Of Fundamental Rights

What is the meaning Of Fundamental Rights?

Fundamental Rights literally mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law. However, this does not mean that they are absolute or immune from Constitutional amendment.

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions. When the Constitution of India came into force it basically gave seven fundamental rights to its citizens. However, Right to Property was removed as a Fundamental Right through 44th Constitutional Amendment in 1978. In 2009, Right to Education Act was added. Every child between the age of 6 to 14 years is entitled to free education.

In the case of Kesavananda Bharati v. State of Kerala (1973), it was held by the Supreme Court that Fundamental Rights can be amended by the Parliament, however, such amendment should not contravene the basic structure of the Constitution.

Thursday, July 24, 2025

Fundamental Rights And Fundamental Duties


Fundamental Rights

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.

Right to constitutional remedies for enforcement of Fundamental Rights.

Fundamental Duties

The fundamental duties noted in the constitution are as follows:

It shall be the duty of every citizen of India:

To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

To cherish and follow the noble ideals which inspired our national struggle for freedom;

To uphold and protect the sovereignty, unity, and integrity of India;

To defend the country and render national service when called upon to do so;

To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

To value and preserve the rich heritage of our composite culture;

To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures;

To develop the scientific temper, humanism, and the spirit of inquiry and reform;

To safeguard public property and to abjure violence;

To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

Fundamental Rights And Fundamental Duties

The Six Fundamental Rights

The Six Fundamental Rights Are: Right to equality (Article 14–18) Right to freedom (Article 19–22) Right against exploitation (Article 23–24...