Fundamental Rights: by Aditya Jain Bba-Llb (A)

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FUNDAMENTAL

RIGHTS
By Aditya Jain
BBA-LLB(A)
INTRODUCTION

• The fundamental rights were included in the constitution because they were
considered essential for the development of the personality of every individual
and to preserve human dignity.
• All people, irrespective of race, religion, caste or sex, have been given the right
to move the Supreme Court and the High Courts for the enforcement of their
fundamental rights. There are six categories of Fundamental Rights (FR) which
are covered from Articles 14-35.
IMPORTANCE
• Fundamental rights are very important because they are like the backbone of the
country. They are essential for safeguarding the people’s interests.
• According to Article 13, all laws that are violative of fundamental rights shall be
void. Here, there is an express provision for judicial review. The Supreme Courts
and the High Courts can declare any law unconstitutional on the grounds that it is
violative of the fundamental rights. Article 13 talks about not just laws, but also
ordinances, orders, regulations, notifications, etc.
INTRODUCTION TO SIX
FUNDAMENTAL RIGHTS
RIGHT TO EQUALITY

• Right to equality 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 against 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.

(Articles 14-
18)
RIGHT TO FREEDOM
• 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 practice any profession 
• Freedom to reside in any part of the country

(Articles 19-22)
RIGHT AGAINST EXPLOITATION

• This right implies the prohibition of traffic in human beings, beggar, and


other forms of forced labor. It also implies the prohibition of children in
factories, etc. The Constitution prohibits the employment of children
under 14 years in hazardous conditions.

(Articles 23-24)
RIGHT TO FREEDOM OF RELIGION

• 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.

(Articles 25-28)
CULTURAL AND EDUCATIONAL
RIGHTS

• 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.

(Articles 29-30)
RIGHT TO CONSTITUTIONAL
REMEDIES

• 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 Supreme Court which can
issue writs for enforcing fundamental rights.

(Articles 32-35)
CONCLUSION
The Fundamental Rights, despite having a lot of exceptions & restrictions and
lack of permanency, are a crucial part of the Constitution of India as:

• They provide necessary conditions for the material and moral protection of man and
ensure the liberty of every individual.
• These rights protect the interests of minorities and weaker sections of society and also
strengthen the notion of India as a secular State.
• They ensure the dignity and respect of individuals by laying down the foundation of
social equality and justice.

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