What are Fundamental Rights? How many Fundamental Rights are there? Explain each fundamental right broadly.
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FUNDAMENTAL RIGHTS:
Fundamental Rights are incorporated in Part - III of the Constitution. These are mentioned in Articles 12 to Articles 35. The liberal democratic nature of Indian Constitution is reflected in Fundamental Rights. Nobody including the government cannot interfere in these rights. The courts issue writs like habeus corpus, mandamus, prohibition etc for the protection of these fundamental rights.
Classification: At first there were seven fundamental rights in the constitution. But at present there are only six fundamental rights. They are:
1) Right to Equality [ Article 14 - 18]
2) Right to Freedom [Article 19 - 22]
3) Right against Exploitation [Article 23 & 24]
4) Right to Freedom of Religion [Article 25 - 28]
5) Cultural and Educational Right [Article 29 to 30]
6) Right to Constitutional Remedies [Article 32]
Right to Property under Article 31 was deleted by 44th Amendment, 1978. Now, it is a legal right under Article 300A.
Right to Equality [ Article 14 - 18]:
• Article 14 states about the rule of law.
• Article 15 states that no one should be discriminated on grounds of caste, colour, sex, creed etc.
• Article 16 states that there shall be Equality of opportunity for all citizens in employment.
• Article 17 states that the abolition of untouchability.
• Article 18 states about the abolition of titles except military or academic.
Right to Freedom [Article 19 - 22]:
• Article 19 states that all citizens have the right:
a) to freedom of speech and expression
b) to form associations and unions
c) to move freely thought the country.
d) to practise any job, trade or business etc.
Note: The freedom to aquire property Article 19(f) was deleted by 44th amendment act, 1978.
• Article 20 states that no person shall be convicted of any offence except for violation of a law in force. In that,
a) No person shall be prosecuted and punished for same offence more than once.
b) No person accused of any offence shall be compelled to be a witness against himself.
• Article 21 states about Right to life. Article 21 A about the free and compulsory education to all children of age six to fourteen years.
• Article 22 states that no person who is arrested shall be detained in custody without being informed.
Right against Exploitation [Article 23 & 24]:
• Article 23 states that human trafficking and begar and other forms of forced labour are prohibited.
• Article 24 states that no child below age of fourteen years shall be employed in any factory or mine.
Right to Freedom of Religion [Article 25 - 28]:
• Article 24 states that all persons are equally entitled to profess, practise and propagate any religion.
• Article 26 states that all person have the right:
a) to establish institutions for religion.
b) to manage it's own affairs in matters of religion etc.
Article 27 states that no person is forced to pay taxes for the maintenance or promotion of any religion.
Article 28 states that no educational institutions should encourage any particular religion.
Cultural and Educational Right [Article 29 to 30]
• Article 29 states that the citizens have right to conserve their own distinct language, script or culture.
• Article 30 states that minorities have right to establish educational institutions of their choice.
Right to Constitutional Remedies [Article 32]:
• Article 32 states that all persons have the right to visit the court for the enforcement of these rights or violation of these rights.
The courts issue writs for their enforcement.
Answer:
Explanation:
Fundamental Rights :-
The Fundamental Rights are the sections of Indian Constitution. These Fundamental Rights are termed as human rights for all citizens, irrespective of their religion, gender, caste, religion or creed. These sections are a very important element of the constitution, which was developed between 1947 and 1949.
There are six fundamental rights in India. They are
- Right to Equality
- Right against Exploitation
- Right to Freedom of Religion
- Right to Freedom
- Cultural and Educational Rights
- Right to Constitutional Remedies.
1. Right to Equality - Right to Equality ensures equal rights for all the citizens of the country. This Right prohibits inequality on the basis of caste, religion, place of birth, or gender.
2. Right against Exploitation - Right against Exploitation prohibits child labor, human trafficking, forced labor. This right makes these offenses punishable law.
3. Right to Freedom of Religion - Right to Freedom of Religion ensures religious freedom and secular states in India. This Right says that the States should treat all religions equally.
4. Right to Freedom - Right to freedom is a package of several rights like freedom of speech, expression, assembly without arms, movement throughout the country, and many more.
5. Cultural and Educational Rights - Cultural Rights protects the rights of cultural, religious and linguistic minorities. Educational rights ensure education for everyone.
6. Right to Constitutional Remedies - Right to Constitutional Remedies ensures public to go to the courts of India to take protection against violation of their fundamental rights.