Do you know the basic rights in the Indian constitution?
Fundamental rights refer to the basic human rights enshrined in the Constitution of India that are guaranteed to all the citizens of India. These basic rights that are given to the citizens are enforceable in the Court of law, i.e. in case of violation of these rights, the aggrieved person can approach the court of law. Such rights are provided in Part III of the Constitution of India.
As students of law, you must be aware of the basic rights in the Indian constitution as these rights are essential for the existence and development of individuals. Having the right knowledge about the Constitutional rights and other aspects of the Constitution can help you in your law entrance test, law study in India, and obtaining your bachelor's degree in law as many questions are related to the fundamental rights.
Following are the six fundamental rights of the Indian Constitution:-
- 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)
Let us discuss the fundamental rights in India and briefly describe them-
1. Right to Equality (Article 14-18)
Right to Equality ensures equal rights for all the citizens of India. This right prohibits inequality based on caste, place of birth, religion, race, or gender. Further, the right ensures equality of opportunity in matters related to public employment and prohibits the State from discriminating against anyone in matters of employment on mentioned grounds.
2. Right to Freedom (Article 19-22)
A democratic society must have the right to freedom for all its citizens. The Indian Constitution thus guarantees freedom to its citizens. These rights include:-
- Freedom of speech
- Freedom of expression
- Freedom of assembly without arms
- Freedom of association
- Freedom to practice any profession
- Freedom to reside in any part of the country
However, some of these rights are subject to certain conditions of state security, public morality, decency, and friendly relations with foreign countries.
3. Right against Exploitation (Article 23-24)
Right against exploitation prohibits human trafficking, child labour, forced labour and makes it an offense punishable by law. It also prohibits any act of compelling a person to work without wages and also prohibits the employment of children under 14 years in hazardous conditions.
4. Right to Freedom of Religion (Article 25-28)
The Constitution of India declares that the State has no official religion and that equal respect must be given to all religions and it allows complete freedom to all the citizens to have faith in any religion and to worship, according to their wish. By our Constitution, there is freedom of conscience, profession, practice, and propagation of religion.
5. Cultural and Educational Rights (Article 29-30)
The cultural rights protect the rights of cultural, religious, and linguistic minorities and help them to preserve their heritage and culture. The Constitution also clarifies that the government has the right to implement special schemes and measures for improving the conditions of certain sections of the society like children, women, socially and educationally backward classes, etc. The educational rights ensure education for everyone without any discrimination.
6. Right to Constitutional Remedies (Article 32)
The Constitution provides remedies to citizens if their rights are violated. The government cannot infringe upon anyone’s rights and if the fundamental rights are violated, the aggrieved party can approach the Court of Law. Supreme Court can issue writs to protect the citizens from getting their rights violated.
These basic rights in the Constitution are highly essential for safeguarding the interests of people. Fundamental Rights are different from other rights available to us because other ordinary rights are protected and enforced by ordinary law while fundamental rights are protected and guaranteed by the Constitution of the country.