WHAT ARE THE FUNDAMENTAL RIGHTS 2023-SHORT?

Table of Contents

Introduction

Fundamental rights are the basic human rights enshrined in the Constitution of India. which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.

How many Fundamental Rights are there in Indian Constitution?

There are six fundamental rights in the Indian Constitution along with the constitutional articles related to them are mentioned below:

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)

These rights are called fundamental rights because of two reasons:

They are enshrined in the Constitution which guarantees them
They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law

Right to Equality (Articles 14 – 18)

Right to equality is one of the important fundamental rights of the Indian constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.

Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

Freedom of speech
Freedom of expression

Freedom of assembly without arms
Freedom of association
Freedom to practise any profession

Freedom to reside in any part of the country

Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the prohibition of children in factories, etc. This Constitution prohibits the employment of children under 14 years in hazardous conditions.

Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice, and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.

Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural, and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.

Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the SC which can issue writs for enforcing fundamental rights.

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights in the Indian constitution that are available only to citizens (and not to foreigners):

Prohibition of discrimination on grounds of race, religion, caste, gender, or place of birth (Article 15).
Equality of opportunity in matters of public employment (Article 16).
Protection of freedom of:(Article 19)
- Speech and expression
- Association
- Assembly
- Movement
- Residence
- Profession

Protection of the culture, language, and script of minorities (Article 29).
Right of minorities to establish and administer educational institutions (Article 30).

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in Indian Constitution, i.e., the right to property.

However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment.

This was because this right proved to be a hindrance to attaining the goal of socialism and redistributing wealth (property) equitably among the people.