These are the necessary rights given by the constitution to citizens of India. They are very important for any democratic country; it shows that country has its freedom and their citizens have their rights which they can easily exercise. Nobody can take these from you every until you are a citizen of that country. They had the scope or boundary within the country and only exercise in it only. They are absolute and any kind of violation or infringement causes penalty by parliamentary laws.
These are very important and essential for the intellectual, moral, spiritual development of citizens of India. As these are very essential that’s why they are all around important for the development.
They are enshrined in Part III under Article 12 to 35 in the constitution of India.
These are related to the like, equality before the law, freedom of speech and expression, freedom of religion, freedom of assembly, cultural and education rights, etc.
The basic objective of fundamental rights is to remove or prohibit discrimination or inequality. These are available to everyone irrespective of their caste, creed, race, religion, gender, place of birth they are equal and common for all the citizens of India.
The judiciary has full power or control over them because any kind of infringement or violation by any person, authority, any other parliamentary law, or state of the rights have a huge consequence. After all, according to The Indian penal code or code of criminal procedure, there are penalties or penal consequences of it bear by them and also liable for the punishment according to the act. Anyone can file a case for the violation of the rights in any court and present a writ for the violation in the High court or The Supreme court.
The fundamental rights are the most important and integral part of the constitution.
There are seven kinds of fundamental rights are:
- Right to equality.
- Right to freedom.
- Right against exploitation.
- Right to freedom of religion.
- Cultural and educational rights.
- Right to constitutional remedies.
- Right to privacy.
1.Right to equality (Articles 14 to 18)
It includes all the kinds of equality i.e., give equal work opportunities, the prohibition of discrimination based on race, caste, gender, religion, or abolition of untouchability or equality before the law.
Article 14 equality before the law.
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, gender, or place of birth.
Article 16 equality of opportunity in matters of public employment.
Article 17 abolition of untouchability.
Article 18 abolition of titles.
2.Right to freedom (Articles 19 to 22)
It includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and to practice any profession or occupation.
Article 19 protection rights regarding the freedom of speech, assembly, association, union, etc.
Article 20 protection in respect of conviction for offenses.
Article 21 protection of life and liberty.
Article 21A right to education.
Article 22 protection against arrest and detention in certain cases.
3.Right against the exploitation (Article 23 and 24)
It prohibits all forms of forced labour, child labour, and trafficking of human beings. Children under the age of 14 are not allowed to work.
Article 23 prohibition traffic in human beings and forced labour.
Article 24 prohibits of employment of children in factories, etc
4.Right to freedom of religion (Articles 25 to 28)
It includes freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes, and freedom from religious instructions in certain educational institutes.
Article 25 freedom of conscience and free profession, practice, and propagation of religion.
Article 26 freedom to manage religious affairs.
Article 27 freedom as to payment of taxes for promotion of any particular religion.
Article 28 freedom as to attendance at religious instructions or religious worship in certain educational institutions.
5.Cultural and educational rights (Articles 29 and 30)
They preserve the right of any section of citizens to conserve their culture, language, or script, and the right of minorities to establish and administer educational institutions of their choice.
Article 29 protection of interest of minorities.
Article 30 rights of minorities to establish and administer educational institutions.
6.Right to constitutional remedies (Article 32)
it is for the only enforcement of the rights and for the make them more powerful because by this anyone can file a suit or case for the violation of the rights in any court demand for the justice and lieu penalty and punishment.
Article 32 remedies for enforcement of rights conferred by this part.
Under this, the person can file a writ to the high court or the Supreme Court for the violation.
7. Right to privacy
It is the instructive part of article 21 because it does not have a separate provision but it is also a very important aspect in the life of an individual to have some privacy in their house or in anywhere, they don’t want to get disturbed, that’s why it is included as a fundamental right.
It is the newest fundamental right in is considered as a right by the supreme court on 24th august 2017.
“While delivering M C Setalvad memorial lecture on the topic of ‘Dynamic Ascendance of Constitutional Rights — a Progressive Approach’. Former Chief Justice of India Dipak Misra said “My house is my castle; how can you disturb me at my home? Even as a lawyer, you have to have some kind of appointment with me. My time is my time, my life is my life. My privacy is supreme to me,” Justice K.S. Puttaswamy (Retd) vs Union of India (2017) 10 SCC 1, In this case right to privacy was added as a fundamental right.
Importance Fundamental Rights Under the Indian Constitution
- They form a defensive wall of individual liberty.
- They protect the interest of minorities.
- They ensure the dignity and respect of individuals.
- They constitute the basis of the democratic system in the country.
- They strengthen the secular fabric of the Indian State.