Article 12-35 of the Constitution of India deals with fundamental rights. These human rights are granted to Indian citizens because the Constitution stipulates that these rights are inviolable. The right to life, dignity and education are among the six basic rights. Fundamental rights are the basic human rights stipulated in the Constitution of India, and all citizens enjoy these rights. Its application is not subject to discrimination based on race, religion, gender, etc. The important thing is that the courts can enforce basic rights, but certain conditions must be met.
These rights are called fundamental rights for two reasons:
1. They are enshrined in the constitution that guarantees them
2. They are actionable (enforceable by the courts). If a violation occurs, a person can file a lawsuit in court.
List of Basic Rights
The Constitution of India has the following six basic rights and related constitutional provisions:
1. Equality (Article 14-18)
2. Freedom (Article 19-22)
3. Right to object to exploitation (Article 23-24) Article
4 The right to freedom of religion (article 25-28)
5. The right to culture and education (article 29-30)
6. The right to constitutional reparation (article 32)
Why is the right to property not a fundamental right?
There is also a fundamental right in the Constitution, namely property rights.
However, this right was removed from the list of fundamental rights by the 44th constitutional amendment.
This is because this right has proven to be an obstacle to achieving the goals of socialism and the just redistribution of wealth (property) among people.
Introduction to the six fundamental rights (Articles 12 to 35)
In this section, we list the fundamental rights of India and briefly introduce each one.
1. The right to equality (Articles 14 to 18)
The right to equality guarantees equal rights for all people, regardless of religion, gender, caste, race or place of birth. It guarantees equal employment opportunities for government departments and ensures that the country is not discriminated against based on caste, religion and other factors in employment. This right also includes the abolition of titles and untouchables.
2. The right to freedom (articles 19-22)
Freedom is one of the most important ideals cherished by any democratic society. The Constitution of India guarantees the freedom of citizens. The right to freedom includes many rights such as:
• Freedom of expression
• Freedom of expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to participate in any occupation
• Freedom to live anywhere in the world country
Some of these rights are protected by State Security, public ethics and decency, as well as certain conditions of friendly relations with foreign countries. This means that the state has the right to impose reasonable restrictions on them.
3. Right to Exploitation (Articles 23-24)
This right implies the prohibition of human trafficking, begging and other forms of forced labour. It also implies that children are prohibited from entering factories, etc. The Constitution prohibits the employment of children under the age of 14 under dangerous conditions.
4. The right to freedom of religion (articles 25-28)
This shows the secular nature of the Indian government. All religions are equally respected. There is freedom of conscience, profession, practice and spread of religion. The country has no official religion. Everyone has the right to freely practice their beliefs, establish and maintain religious and charitable institutions.
5. Cultural and educational rights (articles 29-30)
These rights protect the rights of religious, cultural and linguistic minorities and help them protect their heritage and culture. The right to education is about ensuring that everyone can receive education without discrimination.
6. Constitutional right to reparation (32-35)
The Constitution guarantees reparation when the basic rights of citizens are violated. The government cannot infringe or restrict anyone’s rights. When these rights are violated, the injured party can file a lawsuit in court. Citizens can even go directly to the Supreme Court, which can issue court orders to enforce basic rights.
Characteristics of fundamental rights
• Fundamental rights are implemented differently from ordinary legal rights. If legal rights are violated, the victim cannot bypass the lower court and ask the SC for help directly. You must go to the lower court first.
• Some basic rights apply to all citizens, while others apply to everyone (citizens and foreigners).
• Fundamental rights are not absolute rights. They have reasonable restrictions, which mean that they must abide by the conditions of national security, public morals and etiquette, and friendly relations with foreign countries.
• They are trial able, which means they can be enforced by the courts. If fundamental rights are violated, individuals can contact SC directly.
• Parliament can pass constitutional amendments to amend fundamental rights, but only if the amendments do not change the basic structure of the constitution.
• Fundamental rights can be suspended during a state of emergency. However, the rights guaranteed in articles 20 and 21 cannot be suspended.
• Certain rights only apply to citizens.
The importance of fundamental rights
Fundamental rights are very important because they are like the backbone of the country. They are essential to safeguard people’s interests.
According to article 13, all laws that violate fundamental rights are invalid. Here, there is a clear provision for judicial review. The Supreme Court and the Superior Court can declare any law unconstitutional for violation of fundamental rights. Article 13 relates not only to laws, but also laws, orders, regulations, notices, etc.
Article 13 mentioned that, according to this article, all laws that were applied before the Indian Constitution came into force did not comply with the provisions of the Constitution.
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