INTRODUCTION: Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties’ are provisions of the Indian Constitution that spell out the states’ fundamental obligations to their residents, as well as the citizens’ duties and rights to the state. These provisions are regarded as essential to the constitution, which was drafted by the Constituent Assembly of India between 1947 and 1949.
The Fundamental Rights are defined in Part III of the Constitution and apply to all people regardless of race, place of birth, religion, caste, creed, gender, or employment equity. They are enforceable by the courts, but only under certain conditions.
The Fundamental Rights, which are enshrined in Part III of the Constitution, provide civil rights to all Indians and restrict the government from infringing on an individual’s liberty while also requiring the government to preserve citizens’ rights from societal encroachment. The Constitution originally established seven fundamental rights: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the right to cultural and educational rights, the right to property, and the right to constitutional remedies. The 44th Amendment, however, removed the right to property from Part III of the Constitution in 1978. Individual liberty and democratic principles based on equality of all members of society are protected by the Fundamental Rights. According to Dr. Ambedkar, the legislature’s role is not just to guarantee fundamental rights but, more crucially, to protect them.
- RIGHT TO EQUALITY (Article 14-18):
-Article 14 represents the concept of equality, stating that the state shall not deny any individual within India’s territory equality before the law or equal protection under the law.
– Article 15 prohibits discrimination on the basis of religion, race, caste, sex, or birthplace.
– In public employment, equality of opportunity is mentioned in article 16.
– The eradication of untouchability is discussed in article 17.
– The abolition of titles is the subject of article 18.
2. RIGHT TO FREEDOM (Article 19-22):
Article 19 of the Constitution gives residents six essential freedoms:
1.) freedom of speech and expression,
2.) freedom of assembly,
3.) freedom to establish associations,
4.) freedom of travel,
5.) freedom to reside and settle, and
6.) freedom of profession, occupation, trade, or business.
Article 20 provides protection in the event of a conviction for a crime.
Protection of life and personal liberty (Article 21).
Article 22 protects against arbitrary imprisonment and arrest.
3. RIGHT AGAINST EXPLOITATION (Article 23-24):
– Article 23 outlaws the trafficking of human beings, women, children, beggars, and other forms of forced labor that are inhumane.
– Article 24 forbids the employment of children under the age of 14 in any hazardous occupation.
4. RIGHT TO FREEDOM OF RELIGION (Article 25- 28):
– Article 25 guarantees freedom of conscience as well as religious freedom of profession, practice, and promotion.
– Every religious denomination or section can use article 26 to help manage religious concerns that are subject to public order, morals, and health.
– Article 27 guarantees the right to refuse to pay taxes on religious costs related to the promotion or maintenance of any religion.
– Article 28 of the Constitution prohibits religious instruction in state-run educational institutions.
5. CULTURAL AND EDUCATIONAL RIGHTS (Article 29-30):
– Article 29 ensures that minorities’ rights are protected.
– Article 30 stipulates that minorities have the right to construct and run educational institutions, regardless of faith or language.
6. RIGHT TO CONSTITUTIONAL REMEDIES (Article 32-35):
– Article 32 states that the right to have one’s basic rights preserved is a fundamental right in and of itself.
– Article 33 gives Parliament the authority to limit or abolish the fundamental rights of “Members of the Armed Forces,” paramilitary forces, police entities, intelligence organizations, and similar forces.
– While martial law is in effect, article 34 imposes restrictions on fundamental rights.
Article 35 states that only the parliament, not the state legislatures, has the competence to create laws and give effect to certain designated fundamental rights.
CONCLUSION: Fundamental Rights are important because they are necessary for an individual to reach his or her entire intellectual, moral, and spiritual potential. As a result, the goal of including Fundamental Rights in the Constitution was to create a government of law that would protect individual liberty while also creating an equal society and a welfare state.
ENDNOTES: https://www.jagranjosh.com/general-knowledge/fundamental-rights-1434437575-1
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
Do follow me on Facebook, Twitter Youtube and Instagram.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.