Fundamental rights, Constitution of India - Informative & researched article on Fundamental rights, Constitution of India
  Indianetzone: Largest Free Encyclopedia of India with thousand of articles Indian Administration


in  
Art & Culture | Entertainment | Health | Reference | Sports | Society | Travel
Forum  | RSS Feeds  | Free E-magazine
Indian Administration : Ancient Indian Political System l Constitution of India l Divisions in Indian Administration l Government of India l State Governments in India l Indian Judiciary l Indian Economy l Constitutional Bodies in India l Indian Civil Awards l Local Self Governments l Indian Political Parties l Foreign Relation of India l Indian Government Departments l National Symbols of India l Indian Media l Indian Armed Forces l Council of Ministers of India l Indian Coins
Home > Reference > Indian Administration > Constitution of India > Fundamental rights
Fundamental rights, Constitution of India
Six Fundamental rights mentioned in the Part III of the Indian Constitution which are incorporated into the Fundamental.

The constitution of India provides its citizens certain Fundamental Rights. These rights and duties are among the vital sections of the Constitution and prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. These essential elements of the constitution were developed between 1947 and 1949 by the Constituent Assembly of India. Part III of the Constitution of India defines the Fundamental Rights. These rights are basic human rights of all citizens and can be applied irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions. Rights are synonymous to freedoms and these rights or freedom is essential for personal good as well as the good of the community. In addition to that the rights guaranteed under the Constitution of India are fundamental because they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law.

Fundamental Rights of the Constitution of India is preserved in order to guarantee civil liberties to all its citizens, to provide a peaceful and harmonious life. These rights are individual rights and include 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. The concept of issuing rights to the citizens has been developed from the England`s Bill of Rights; the United States Bill of Rights and also France`s Declaration of the Rights of Man. Anyone violating the fundamental rights of the land can face result punishments in the court of law.

The constitution of India guarantees six Fundamental Rights to the citizens. The Right to Equality` is the foremost right guaranteed to the citizens of India. It is provided in Articles 14, 15, 16, 17 and 18 of the constitution. This right is regarded as the principal foundation of all other rights and liberties. The Right to Equality guarantees Equality before law according to which citizens shall be equally protected by the laws of the country. Article 15 of the constitution lays down that there will be Social equality and equal access to public areas and no person shall be discriminated on the basis of caste, colour, and language. Equality in matters of public employment is provided in Article 16 that describes that all citizens can apply for government jobs and state cannot discriminate against anyone in the matters of employment. Article 17 of the constitution puts forth Abolition of untouchability. The Practice of untouchability is an offense and anyone doing so is punishable by law. Abolition of Titles is another right to equality in considered in the Article 18 of the constitution. It prohibits the State from conferring any titles to the Citizens of India.

Among the Fundamental Rights, Right to freedom is included in the articles 19, 20, 21 and 22. Right to freedom includes Freedom of speech and expression, Freedom to assemble peacefully without arms, Freedom to form associations or unions and Freedom to move freely throughout the territory of India. Furthermore, Right to freedom also states that citizens have the Freedom to reside and settle in any part of the territory of India and also have the Freedom to practice any profession or to carry on any occupation, trade or business. However, subject to reasonable restrictions by the State in the interest of the general public. Certain safeguards are envisaged to protect the citizens from exploitation and coercion

Right against exploitation is another essential among the Fundamental Rights. This right is given in the Articles 23 and 24. It provides for two provisions such as abolition of trafficking in human beings and Begar or forced labour. The right also lays down abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines.

Right to freedom of religion is included under articles 25, 26, 27 and 28. It provides religious freedom to all citizens of India and sustains the principle of secularism in India. The Constitution provides that all religions are equal before the State and no religion shall be given preference over the other. Citizens are free to preach, practice and propagate any religion of their choice.

Fundamental Rights also provided Cultural and educational rights to its citizens and it is covered in Articles 29 and 30. According to this right ant community which has a language and a script of its own has the right to conserve and develop them. No citizen can be discriminated against for admission in State or State aided institutions. All minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture. Right to constitutional remedies is also provided in the constitution. This right authorizes the citizens to move a court of law in case of any denial of the fundamental rights. The courts can issue various kinds of writs and these writs such as habeas corpus, mandamus, prohibition, quo warranto and certiorari. These writs help preserving and safeguarding the fundamental rights of the citizens of India.

Another prominent among the Fundamental Rights was the Right to property. Right to property in order to guarantee to all citizens the right to acquire hold and dispose off property. However, the 44th amendment act of 1978 deleted the right to property from the list of Fundamental Rights. Article 300-A, was added to the constitution which provided that "no person shall be deprived of his property save by authority of law".

Fundamental rights are those freedoms given to the citizens of India. They help not only in protection but also the prevention of gross violations of human rights. They emphasize on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of caste, colour, creed and religion. The fundamental rights were provided to the citizens primarily protect individuals from any arbitrary state actions, but some rights are enforceable against individuals. The Fundamental Rights can only be altered by a constitutional amendment. In addition to that during national and state emergency, the Fundamental Rights remain suspended. As the Fundamental rights are defined as the basic human rights, the Fundamental Duties are defined as the moral obligations of all citizens and have worked to develop unity in the nation.

(Last Updated on : 21/02/2009)
  More on Constitution of India...
 
Constituent Assembly of India Indian Parliament Emblem of India
Architect of India`s Constitution Indian Citizenship Election Commission of India
Article 370 Preamble of Indian Constitution Fundamental rights
Fundamental Duties Directive Principles of State Policy  
Recently Updated Articles in Indian Administration
E-mail this Article | Post a Comment
Free E-magazine
Subscribe to Free
E-Magazine on Indian Administration

 
Fundamental rights, Constitution of India - Informative & researched article on Fundamental rights, Constitution of India
Sitemap
Contact Us   |   RSS Feeds
Copyright © 2008 Jupiter Infomedia Pvt. Ltd. All rights reserved including the right to reproduce the contents in whole or in part in any form or medium without the express written permission of Jupiter Infomedia Pvt. Ltd.