Fundamental Rights of Indian Constitution: Fundamental rights are essential rights given to every citizen, which are important for their personal development and growth. Part 3 of the Indian Constitution, which has the distinction of being the longest constitution in the world, contains the fundamental rights and duties of Indian citizens from Articles 12 to 35. There are 6 fundamental rights that were adopted from the United States Constitution.
Fundamental Rights of the Indian Constitution
According to the Indian Constitution, Indian citizens have six basic Indian fundamental rights, which are right to equality, right to religious freedom, cultural and educational rights, right to liberty, right to constitutional remedies and right against exploitation. The individual fundamental rights and duties of Indian citizens include the following:
- equality before law
- freedom of religion
- Freedom of association and peaceful assembly
- freedom of speech and expression
- Right to constitutional remedies for protection of civil rights
Fundamental rights of Indian citizens
Here is the complete list of Indian Fundamental Rights along with the articles of the Indian Constitution for every citizen of India. Candidates can check the detailed fundamental rights list of all the articles covered under the fundamental rights of the Indian Constitution.
| Six Fundamental Rights of the Indian Constitution | ||
|---|---|---|
| S.No | Fundamental Right | Articles of Constitution |
| 1 | Right To Equality (Article- 14 to 18) |
Art. 14- Equality Before Law |
| Art. 15- Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth | ||
| Art. 16- Equality of opportunity in public employment | ||
| Art. 17- Abolition of untouchability | ||
| Art. 18- Abolition of Titles | ||
| 2 | Right To Freedom (Articles- 19 to 22) |
Art 19- Freedom of speech, expression, movement |
| Art 20- Protection from a conviction for offences. | ||
| Art 21- Right to Life & Personal Liberty | ||
| Art 22- Protection against arrest or detention | ||
| 3 | Right Against Exploitation (Article- 23 & 24) |
Art 23- Protection from Trafficking & Forced Labor |
| Art 24- Ban on child labor | ||
| 4 | Right To Freedom Of Religion (Articles- 25 to 28) |
Art 25- Freedom to practice one’s own religion |
| Art 26- Freedom to manage religious affairs | ||
| Art 27- No taxation for the promotion of religion | ||
| Art 28- Freedom as to attendance at religious instruction or religious worship in institutions | ||
| 5 | Cultural & Educational Rights (Articles 29 & 30) | Art 29- To Protect & Preserve the minorities |
| Art 30- Right of minorities to administer educational institutions | ||
| 6 | Right To Constitutional Remedies (Article 32) | Art 32- Remedies for enforcement of rights |
6 fundamental rights of the Indian Constitution
Here we have provided detailed information about the fundamental rights in the Indian Constitution. We have explained everything about fundamental rights with all the articles in the Indian Constitution.
1. Right to equality (Articles 14 to 18)
- Equality before law and equal protection of laws (Article 14)
- Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)
- Equality of opportunity in matters of public employment (Article 16)
- Abolition of untouchability and prohibition of its practice (Article 17)
- Abolition of titles except military and academic (Article 18)
The exception to the right to equality allowed by the Indian Constitution is that the President or the Governor of a State is not answerable to any court.
2. Right to liberty (Articles 19 to 22)
- (Article 19) Protection of six rights relating to liberty:
(i) Speech and expression
(ii) to assemble peacefully and without arms,
(iii) Forming an association or union
(iv) Move freely throughout the territory of India,
(v) Place of residence in any part of the country,
(vi) Taking up any profession or carrying on any trade or business
- Protection in respect of punishment for crimes (Article 20)
- Security of life and personal liberty (Article 21): No person shall be deprived of his life or personal liberty
- Right to Elementary Education (Article 21A): It makes the right to education a fundamental right for children aged 6 to 14 years.
- Protection against arrest and detention in certain cases (Article 22): No person arrested shall be detained without being informed of the grounds of such arrest.
3. Right against exploitation (Articles 23 and 24)
- Prohibition of human trafficking and forced labour. (Article 23)
Human trafficking and beggary and other similar forms of forced labor are prohibited. - Prohibition of employment of children in factories etc. (Article 24)
No child below the age of 14 years shall be employed in any factory or mine or in any other hazardous employment.
4. Right to religious freedom (Articles 25 to 28)
- Freedom of conscience and free practice, practice and propagation of religion (Article 25)
- Freedom to manage religious affairs (Article 26)
- Exemption from payment of taxes for propagation of any religion (Article 27) – The State cannot compel any citizen to pay any tax for the propagation or maintenance of any particular religion or religious institution.
- Freedom from attending religious instruction or worship in certain educational institutions (Article 28)
5. Cultural and educational rights (Articles 29 and 30)
- Protection of language, script and culture of minorities (Article 29)
Where a religious community is a minority, the Constitution enables it to preserve its culture and religious interests. - Right of minorities to establish and administer educational institutions (Article 30) – Such communities have the right to establish educational institutions of their choice and the State shall not discriminate against such educational institution maintained by a minority community.
6. Right to constitutional remedies (Article 32)
The right to constitutional remedies was defined by Dr. B.R. Ambedkar has called it “the soul of the Constitution”. The Constitution gives the right to a remedy to Indian citizens to approach the court if they are deprived of their fundamental rights. This right also empowers the courts to preserve or protect the fundamental rights of the citizens given in the Constitution.
writ
The judiciary has been provided with the power to issue writs to enforce fundamental rights. The Supreme Court can issue orders or the following writs to enforce fundamental rights against any person or government within the territory of India:
(i) Habeas Corpus: Habeas Corpus is a legal term that literally means “you can have a person arrested.” It is a writ or legal order that requires a detained or imprisoned person to be brought before a court or judge. The purpose of the writ is to ensure that the person is not being detained illegally or without sufficient cause. It is issued to an officer or private person who has another person in his custody. The latter is produced before the court so that the court may know on what grounds he has been imprisoned.
(ii) Mandamus: Mandamus is a legal term that refers to a writ or order issued by a court that orders a public official or a lower court to perform a specific duty or act in a particular way. The purpose of the writ of mandamus is to ensure that public officials and lower courts perform their duties in accordance with the law and in the public interest. Its literal meaning is order. It orders a person to perform some public or legal duty which the person has refused to do.
(iii) Prohibition: An injunction is a legal order issued by a court that prohibits a lower court or public authority from acting outside its jurisdiction or exceeding its legal authority. The purpose of prohibition is to prevent a court or authority from exceeding its jurisdiction or acting in an arbitrary or illegal manner. This writ is issued by the High Court to the lower court not to exceed the limits of its jurisdiction. This is issued during the pendency of the proceedings.
(iv) Exhortation: Certiorari is a legal term that refers to a writ or order issued by a court that seeks to review the decision of a lower court or public authority. The purpose of the writ of certiorari is to ensure that lower courts and public authorities act in accordance with the law and that their decisions are not arbitrary or illegal. This writ is also issued against courts or tribunals to quash the order or decision of the court or tribunal. It can be released only after the order is placed.
(v) Quo warranto: Quo warranto is a legal term that refers to a writ or order issued by a court challenging a person’s right or authority to hold public office or authority. The purpose of the writ of quo warranto is to ensure that public offices and positions of authority are occupied by persons who are qualified and eligible to hold them. This is a proceeding where the court examines the validity of the claim. In this, the High Court can remove a government officer if he has obtained the post illegally.
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