Fundamental Rights

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Fundamental Rights

Fundamental Rights are basic rights guaranteed by the Constitution of India to all citizens. They protect individual freedom and ensure equality, dignity, and justice.

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Fundamental Rights

Fundamental Rights are basic human freedoms that every individual is entitled to. These rights are essential for the development of individuals and the protection of human dignity and equality.

Fundamental Rights All there

1. Right to Equality
   • Equal treatment before the law
   • Prohibition of discrimination on the basis of religion, race, caste, gender, or place of birth
   • Equal access to public places and employment opportunities
2. Right to Freedom
   • Freedom of speech and expression
   • Freedom of assembly (peaceful gathering)
   • Freedom to form associations or unions
   • Freedom to move freely and reside in any part of the country
   • Freedom to choose any profession or occupation
3. Right Against Exploitation
   • Prohibition of human trafficking and forced labor
   • Ban on child labor in hazardous industries
4. Right to Freedom of Religion
   • Freedom to practice, profess, and propagate any religion
   • Right to manage religious affairs
   • Freedom from forced religious conversions
5. Cultural and Educational Rights
   • Protection of the rights of cultural, religious, and linguistic minorities
   • Right of minorities to establish and manage their own educational institutions
6. Right to Constitutional Remedies
   • Right to move the courts for the enforcement of fundamental rights
   • Courts can issue writs (like habeas corpus, mandamus, etc.) to protect these rights

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These rights are enforceable by law and play a critical role in ensuring a democratic and just society. They can sometimes be subject to reasonable restrictions in the interest of public order, morality, and national security.

Fundamental Rights All Article

Here is a list of all the Fundamental Rights under the Constitution of India, along with their respective Articles (12 to 35) as per Part III of the Constitution:

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🔹 Part III: Fundamental Rights (Articles 12 to 35)

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🟢 1. Right to Equality (Articles 14–18)

• Article 14 – Equality before law and equal protection of laws.
• Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 16 – Equality of opportunity in matters of public employment.
• Article 17 – Abolition of untouchability.
• Article 18 – Abolition of titles (except military or academic distinctions).

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🟢 2. Right to Freedom (Articles 19–22)

• Article 19 – Protection of 6 freedoms:
  1. Freedom of speech and expression
  2. Freedom to assemble peacefully
  3. Freedom to form associations/unions
  4. Freedom to move freely throughout India
  5. Freedom to reside in any part of India
  6. Freedom to practice any profession or business
• Article 20 – Protection in respect of conviction for offences.
• Article 21 – Protection of life and personal liberty.
• Article 21A – Right to education (free and compulsory education for children 6–14 years).
• Article 22 – Protection against arrest and detention in certain cases.

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🟢 3. Right Against Exploitation (Articles 23–24)

• Article 23 – Prohibition of human trafficking and forced labour.
• Article 24 – Prohibition of child labour in hazardous conditions under 14 years.

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🟢 4. Right to Freedom of Religion (Articles 25–28)

• Article 25 – Freedom of conscience and free profession, practice and propagation of religion.
• Article 26 – Freedom to manage religious affairs.
• Article 27 – Freedom from payment of taxes for promotion of any religion.
• Article 28 – Freedom from religious instruction in educational institutions.

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🟢 5. Cultural and Educational Rights (Articles 29–30)

• Article 29 – Protection of interests of minorities.
• Article 30 – Right of minorities to establish and administer educational institutions.

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🟢 6. Right to Constitutional Remedies (Articles 32–35)

• Article 32 – Right to move the Supreme Court to enforce Fundamental Rights. Known as the “heart and soul of the Constitution” (Dr. B.R. Ambedkar).
• Article 33 – Power of Parliament to modify rights in application to armed forces.
• Article 34 – Restrictions on rights during martial law.
• Article 35 – Legislation to give effect to certain parts of Fundamental Rights.

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Note:

• Article 31 (Right to property) was removed from Fundamental Rights by the 44th Amendment Act, 1978. It is now a legal right under Article 300A.

Frequently Asked Questions

What are Fundamental Rights?

Fundamental Rights are basic rights guaranteed by the Constitution of India to all citizens. They protect individual freedom and ensure equality, dignity, and justice.

Where are Fundamental Rights mentioned in the Constitution?

They are listed in Part III, from Articles 12 to 35 of the Indian Constitution.

How many Fundamental Rights are there in the Constitution?

There are six Fundamental Rights:

Right to Constitutional Remedies (Articles 32–35)

Right to Equality (Articles 14–18)

Right to Freedom (Articles 19–22)

Right Against Exploitation (Articles 23–24)

Right to Freedom of Religion (Articles 25–28)

Cultural and Educational Rights (Articles 29–30)

Which Article is called the “heart and soul of the Constitution”?

Article 32, which gives the Right to Constitutional Remedies, is called the “heart and soul of the Constitution” by Dr. B.R. Ambedkar.

Can Fundamental Rights be suspended?

Yes, during a national emergency, some Fundamental Rights (except Articles 20 and 21) can be suspended.

Can a citizen go to court if their Fundamental Rights are violated?

Yes. Under Article 32 (Supreme Court) and Article 226 (High Courts), citizens can directly approach the courts to enforce their rights.

Are Fundamental Rights available to foreigners too?

Some Fundamental Rights like Articles 14 (Equality before law) and 21 (Right to life and personal liberty) are available to all persons, including foreigners. Others are only for Indian citizens.

Is the Right to Property a Fundamental Right?

No. The Right to Property was originally a Fundamental Right but was removed by the 44th Amendment Act, 1978. It is now a legal right under Article 300A.

What are writs?

Writs are legal orders issued by courts to enforce Fundamental Rights. The five types are:

Quo Warranto

Habeas Corpus

Mandamus

Prohibition

Certiorari