Fundamental Rights of Indian Citizens

Fundamental Rights of Indian Citizens – Every citizen is entitled to fundamental rights, which are crucial for their personal development and progress. The fundamental rights and obligations of Indian citizens are outlined in Articles 12 through 35 of Part 3 of the Indian Constitution, which holds the title of longest constitution in the world. Adopted from the United States Constitution are six essential rights. The Indian Constitution included seven fundamental rights initially. However, the 44th Constitutional Amendment eliminated the right to own property in 1978. The nation’s progress and the advancement of each individual depend on the six fundamental rights that remain in place. Every citizen should be conscious of their fundamental rights and make use of them when needed. Read the complete post to get complete information related to Fundamental Rights of Indian Citizens

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Fundamental Rights of Indian Citizens

The Constitution grants several fundamental rights to every citizen, both personally and collectively. These justified rights are provided by the constitution in the form of six major categories of Fundamental Rights which are as follows:

  1. Right to Equality
  2. Right to Freedom
  3. Right against Exploitation
  4. Right to Freedom of Religion
  5. Cultural and Educational Rights
  6. Right to Constitutional Remedies

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Right to Equality

Every citizen is treated equally under the law due to the right to equality. Therefore, everyone is treated equally regardless of their age, gender, caste, creed, religion, language, or social standing. Equal treatment for all people is guaranteed under the right to equality. The right to equality is unconstitutional in India since it discriminates against people based on their gender, ethnicity, caste, religion, or place of birth. Articles 14 to 18 of the Indian Constitution guarantee the right to equality. The following articles are included in the section of the right to equality:

  • Article 14: Equality before law
  • Article 15: Prohibition against discrimination on the basis of caste, religion, sex, or place of birth is outlined in Article 15.
  • Article 16: Article 16 guarantees equal opportunities when it comes to public employment.
  • Article 17: Untouchability is abolished.
  • Article 18: Title Abolition: This article seeks to do away with titles like Rai Bahadur, Raj Bahadur, Maharaja, Zamindar, Taluqdar, and so on because they do not confer equal status on everybody.

Right to Freedom

As to the Constitution, Indian citizens are entitled to six freedoms. The right to freedom guarantees Indian citizens the ability to live their lives in peace, free from excessive government control, harassment, or restrictions. The Indian Constitution’s articles 19 to 22 provide the right to freedom which is as follows:

  • Article 19: Protection of six rights regarding freedom:
    • Speech and expression
    • Form associations or unions
    • Aassemble peacefully and without arms,
    • Reside of settling in any part of the country
    • Move freely throughout the territory of India,
    • Engage in any profession, trade, or enterprise.
  • Article 20: Redress for offences found guilty.
  • Article 21: Life and individual freedom are protected.
  • Article 21-A: Right to Education under Article 21-A
  • Article 22: Protection in Certain Cases Against Arrest and Detention

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Right Against Exploitation

Every Indian citizen is protected from exploitation and abuse. The Constitution’s right against exploitation shields the weak, the impoverished, and children from human trafficking, bonded servitude, and child slavery. The Indian Constitution’s articles 23 and 24 provide the Right against Exploitation which is as follows:

  • Article 23: Prohibition of forced labour and human trafficking
  • Article 24: Prohibition on using minors for factory work, etc

Right to Freedom of Religion

India is a secular nation where people of many religious beliefs reside together. Indian people are free to follow any religion they choose and carry out rituals or observances under their religious beliefs. The Constitution states that no religion has the upper hand over any other and that all religions are equal before the State. Additionally, Indian citizens are allowed to practise, preach, and spread any religion they so want. The Indian Constitution’s articles 25 to 28 provide the right to freedom which is as follows:

  • Article 25: Conscience freedom and the liberty to practise, profess, and spread religion
  • Article 26: Authority to supervise religious matters
  • Article 27: Freedom to pay taxes for the advancement of any certain religion
  • Article 28: The freedom to attend religious services or instruction in specific educational institutions

Cultural And Educational Rights

Minority rights and customs are safeguarded by the Constitution’s Cultural and Educational Rights. Furthermore, the Constitution guarantees the right to preserve and advance any community with its own language and script. The Indian Constitution’s articles 29 and 30 provide the right to freedom which is as follows:

  • Article 29: Safeguarding Minority Interests:
  • Article 30: Minorities’ authority to create and run educational institutions

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Right to Constitutional Remedies

In the event that their fundamental rights are violated, Indian citizens have the legal right to petition a court using the Right to Constitution Remedies. Additionally, this right grants courts the authority to protect and uphold the fundamental rights guaranteed by the Constitution to all citizens. Articles 32 to 35 of the constitution guarantee the right to constitutional remedies which are as follows:

  • Article 32: This article states that the courts may grant the following five writs: prohibition, habeas corpus, mandamus, quo warranto, and certiorari. Below is a description of each of these writs:
    • Habeas Corpus: The Habeas Corpus writ directs the release of an individual who has been wrongfully held.
    • Mandamus: The court might use this writ to order a public authority to carry out its mandate.
    • Quo Warranto: To order someone to leave an office that they have mistakenly taken.
    • Prohibition: To forbid a case from being heard by a lower court.
    • Certiorari: Certiorari is the higher court’s authority to remand a case from a subordinate court and bring it before itself.
  • Article 33: According to this article, “Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces” are entitled to some restrictions on or removal of their fundamental rights.
  • Article 34: When martial law (military rule) is imposed, this article states that certain fundamental rights may be restricted.
  • Article 35: This article gives the Parliament the power to enact laws pertaining to fundamental rights.

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