Fundamental Rights – Articles 12-35 (Part III)

Part III of the Indian Constitution consisting of Article 12 to 35 deals with Fundamental Rights. They are basic human rights which are guaranteed to all citizens of India. Part III of the Constitution is described as the Magna Carta of India.

The Constitution of India provides for six Fundamental Rights:

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)
Right to constitutional remedies (Article 32)

Sidenote : Originally there was one more fundamental right in the Constitution, i.e., the right to property(Article 31). It was deleted from the list of Fundamental Rights by the 44^th Amendment Act, 1978. Now it is a legal right(not fundamental) under Article 300-A in Part XII of the Constitution.

Right to Equality (Articles 14 – 18)

Article 14 : equality before law as well as equal protection of the law
Article 15 : prohibits discrimination on the grounds of religion, race, caste, sex, place of birth, or any of them
Article 16 : equality of opportunity in matters of public employment
Article 17 : abolishes the practice of untouchability in any form
Article 18 : prohibits the State from conferring any titles other than military or academic distinctions, and the citizens of India cannot accept titles from a foreign state

Right to Freedom

Six fundamental freedom provided under Article 19 of the Constitution are:
- Freedom of speech and expression
- Freedom to assemble peacefully without arms
- Freedom to form associations or unions or co-operative societies
- Freedom to move freely throughout the territory of India
- Freedom to reside and settle in any part of the territory of India
- Freedom to practise any profession or to carry on any occupation, trade or business
Article 20: Protection in respect of conviction for offences
Article 21: Protection of life and personal liberty
Article 22: Protection against arrest and detention in certain cases

Right against Exploitation

Article 23 : Prohibition of traffic in human beings and forced labour
Article 24 : Prohibition of employment of children

Right to Freedom of Religion

Article 25: Freedom of conscience and free profession, practice and propagation of religion
Article 26: Freedom to manage religious affairs
Article 27: Freedom to pay tax for promotion of any particular religion – No person is compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

Cultural and Educational Rights

Article 29: Protection of interests of minorities
Article 30: Right of minorities to establish and administer educational institutions

Right to Constitutional Remedies

Article: 32: Remedies for enforcement of rights

FEATURES of Fundamental Rights of India

They are not Sacrosanct, Permanent, or Absolute (they have reasonable restrictions) but they are qualified
They can be curtailed or repealed by the parliament through a constitution amendment act.
They promote the idea of political democracy.
They are protected and guaranteed by the constitution of the India.
The rights are justiciable. Any aggrieved person can directly go to the Supreme Court in case of violation of any fundamental right.
Some of them are negative in character, because they place limitations on the authority of states.
Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and foreigners).
The rights can be suspended during the operation of a National Emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended. But the six rights guaranteed by Article 19 can be suspended only when there is an external emergency war or external aggression (and not on the ground of armed rebellion i.e., internal emergency).
Their application to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).