The Fundamental Rights in India are enshrined in Part III (Articles 12 to 35) of the Indian Constitution. These rights are essential for the development of individuals and the protection of their freedoms against state actions.
List of Fundamental Rights
Originally, the Constitution had 7 Fundamental Rights, but the Right to Property (Article 31) was removed in 1978. Now, India has 6 Fundamental Rights:
| Right | Article(s) | Description |
|---|---|---|
| Right to Equality | Articles 14-18 | Prohibits discrimination based on caste, religion, gender, or birthplace |
| Right to Freedom | Articles 19-22 | Guarantees speech, movement, profession, life, and personal liberty |
| Right against Exploitation | Articles 23-24 | Prohibits human trafficking, forced labor, and child labor |
| Right to Freedom of Religion | Articles 25-28 | Guarantees religious freedom and protection from forced religious taxes |
| Cultural and Educational Rights | Articles 29-30 | Protects the rights of minorities to establish and run educational institutions |
| Right to Constitutional Remedies | Article 32 | Allows citizens to approach the Supreme Court if their rights are violated |
Detailed Explanation of Fundamental Rights
1. Right to Equality (Articles 14-18)
This ensures equal treatment for all citizens and includes:
- Article 14: Equality before law and equal protection of laws.
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Ensures equal opportunities in public employment.
- Article 17: Abolishes untouchability.
- Article 18: Prohibits titles like ‘Raja’ or ‘Nawab’ (except military and academic titles).
2. Right to Freedom (Articles 19-22)
This guarantees personal liberty and includes:
- Article 19: Provides six freedoms:
- Freedom of Speech and Expression.
- Freedom to Assemble Peacefully.
- Freedom to Form Associations.
- Freedom to Move Freely in India.
- Freedom to Reside Anywhere in India.
- Freedom to Practice Any Profession or Business.
- Article 20: Protection against conviction without law, double jeopardy, and self-incrimination.
- Article 21: Right to life and personal liberty (includes the right to privacy, right to die with dignity, and right to a clean environment).
- Article 21A: Right to free and compulsory education (for children aged 6-14 years).
- Article 22: Protection against arbitrary arrest and detention.
3. Right Against Exploitation (Articles 23-24)
- Article 23: Prohibits human trafficking and forced labor.
- Article 24: Prohibits child labor under 14 years of age in factories, mines, or hazardous work.
4. Right to Freedom of Religion (Articles 25-28)
- Article 25: Freedom of conscience, profession, practice, and propagation of religion.
- Article 26: Freedom to manage religious affairs.
- Article 27: Prohibits compulsory religious taxes.
- Article 28: No religious education in government-funded institutions.
5. Cultural and Educational Rights (Articles 29-30)
- Article 29: Protects the language, script, and culture of minorities.
- Article 30: Gives minorities the right to establish and administer their own educational institutions.
6. Right to Constitutional Remedies (Article 32)
- Called the “Heart and Soul of the Constitution” (Dr. B.R. Ambedkar).
- Allows citizens to approach the Supreme Court or High Court if their Fundamental Rights are violated.
- Types of Writs under Article 32:
- Habeas Corpus – “Produce the body” (Prevents illegal detention).
- Mandamus – “We command” (Orders officials to perform their duty).
- Prohibition – Stops lower courts from exceeding their powers.
- Certiorari – Transfers a case to a higher authority.
- Quo Warranto – Questions the legality of someone’s public office.
Suspension of Fundamental Rights
- During a National Emergency (Article 352), Fundamental Rights (except Article 20 & 21) can be suspended.
- Article 19 is suspended only in an external emergency.
MCQs on Fundamental Rights
1. Which Part of the Constitution contains Fundamental Rights?
A) Part I
B) Part II
C) Part III
D) Part IV
Answer: C) Part III
2. Which Article is known as the “Right to Constitutional Remedies”?
A) Article 14
B) Article 21
C) Article 30
D) Article 32
Answer: D) Article 32
3. How many Fundamental Rights are currently provided by the Indian Constitution?
A) 5
B) 6
C) 7
D) 8
Answer: B) 6
4. Which Article abolished untouchability?
A) Article 14
B) Article 17
C) Article 19
D) Article 21
Answer: B) Article 17
5. Which Article guarantees the Right to Freedom of Speech and Expression?
A) Article 15
B) Article 19
C) Article 21
D) Article 25
Answer: B) Article 19
6. Which of the following is NOT a Fundamental Right?
A) Right to Property
B) Right to Equality
C) Right to Education
D) Right to Religion
Answer: A) Right to Property (It was removed in 1978 and made a legal right under Article 300A).
7. Who called Article 32 the “Heart and Soul of the Constitution”?
A) Mahatma Gandhi
B) Jawaharlal Nehru
C) Dr. B.R. Ambedkar
D) Sardar Patel
Answer: C) Dr. B.R. Ambedkar
8. Under which Article can the Supreme Court issue writs?
A) Article 14
B) Article 19
C) Article 21
D) Article 32
Answer: D) Article 32
9. The Right to Education (RTE) was added under which Article?
A) Article 19
B) Article 21
C) Article 21A
D) Article 25
Answer: C) Article 21A
10. Under which Article is child labor prohibited?
A) Article 17
B) Article 20
C) Article 24
D) Article 32
Answer: C) Article 24
Conclusion
- Fundamental Rights protect individual liberties and safeguard citizens from state power.
- Article 32 acts as a safeguard, allowing citizens to directly approach the Supreme Court.
- Rights can be restricted in emergencies, but their importance in maintaining democracy is crucial.
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