Fundamental Rights of the Indian Constitution

India is a country that is known for its diversity. Many religions, cultures, and languages come together to form the identity of this great nation. Along with this diversity, India has also been home to several important political movements. One of these movements was the struggle for independence from British rule. After gaining independence in 1947, the leaders of our country worked hard to draft a constitution that would protect the rights of all citizens. This document is known as the Indian Constitution, and it talks about the fundamental rights and duties of the citizens of India. In this article , we will take a closer look at these fundamental rights!

What are the fundamental rights?

The fundamental rights are the basic rights guaranteed to all citizens of India by the Constitution. These rights are enshrined in Part III of the Constitution ( Articles 12-35). The fundamental rights are not absolute but subject to reasonable restrictions. The Constitution guarantees seven fundamental rights to every citizen of India.

What is the fundamental right of the Indian constitution?

There are seven fundamental rights of the Indian constitution from Article 12-35 under Part III. It includes the Right to Equality given in Article 14-18, the right to the freedom given in Article 19- 22, the right against exploitation (Article 23-24), the right to freedom of religion given in Article 25-28, cultural and educational rights given in Article 29-30, right to property (Article 31), right to constitutional remedies (Article 32). Fundamental rights are enforceable by the courts, subject to reasonable restrictions.

• Right to Equality (Article 14-18) : The right to equality includes equality before the law, prohibition of discrimination on the basis of caste, race, place of birth, sex, religion, equal opportunity for taking employment.  
• Right to Freedom (Article 19-22) : These rights include freedoms to speak freely and express your words,  right to form the assembly, groups of association or union or cooperatives, movement, residence, and profession.
• Right against Exploitation (Article 23-24): This right includes protection from traffic in human beings and forced labour.
• Right to Freedom of Religion (Article 25-28): This right includes freedom to choose, follow and promote the religion of your choice. 
• Cultural and Educational Rights (Article 29-30): These rights include protection of interests of minorities, and the right to conserve their language, script, or culture.
• Right to Property (Article 31): This right has been abolished and made a legal right under article 300A by the 44th Amendment Act of 1978.
• Right to Constitutional Remedies (Article 32): This is the most important right as it gives the power to approach the Supreme Court for enforcement of Fundamental Rights.
• Fundamental rights are not absolute but subject to reasonable restrictions as mentioned in the constitution itself. These rights cannot be waived except during declared emergencies.

What are the fundamental duties under the Indian constitution?

The fundamental duties of citizens under the Indian Constitution are mentioned in Part IVA of the constitution. They were added by the 42nd Amendment in 1976. The amendment was done to instill a sense of patriotism and national pride in the citizens. There are ten fundamental duties mentioned in the constitution.

These fundamental duties are not enforceable by law but the constitution aims to inculcate a sense of duty in every citizen. Some of the fundamental duties include:

– protect the rich heritage of our composite culture;

– to protect our country and provide national service whenever required by the government.

– promote harmony and the sense of common brotherhood among the people residing in India transcending regional diversities, linguistic, sectional diversities, and religion.

– value and preserve the rich biodiversity of our country;

– to protect the mother earth and also to protect the rivers, wildlife, forests and lakes.

– safeguard public property and abjure violence;

Apart from the above-mentioned fundamental duties, there are other duties as well that should be followed by the Indian citizens.

What are the differences between fundamental rights and fundamental duties?

The basic difference between the fundamental rights and duties is that the fundamental duties are binding on all citizens whereas the fundamental rights are not.

-The Fundamental Rights, as defined in Part III of the Constitution, are the basic civil and political rights of all citizens. The Fundamental Duties, as defined in Part IVA of the Constitution, are obligations that are not mandatory in nature but considered as moral obligations.

-The Fundamental Rights are enforceable by the courts, whereas the Fundamental Duties are not. The Fundamental Duties are a recent addition to the Constitution, whereas the Fundamental Rights have been there since its inception.

-The Fundamental Duties are not absolute and can be limited by reasonable restrictions, whereas the Fundamental Rights are absolute and can not be abridged or taken away by any law.

Conclusion

The Fundamental Rights are a set of rights that every Indian citizen is entitled to. These rights are enshrined in the Constitution of India, and they protect the individual from abuse by the government as well as private individuals and organizations. In this blog post, we’ve outlined the seven fundamental rights that all Indians enjoy, defined fundamental duties, and differentiated between fundamental rights and fundamental duties.