Detailed Study on the Fundamental Rights

The Fundamental Rights include parts of the Indian Constitution that specify the basic obligations and rights of the government to its residents, as well as the responsibilities and rights of individuals to the government. These articles are regarded as essential components of the Constitution of India, which was drafted around the year 1949 by India’s constituent assembly.

The six fundamental rights are divided into six sections: the Right to Freedom, the Right against Exploitation, the Right to Equality, the Right to Religious Freedom, Educational and Cultural Rights, as well as the Right to Constitutional Remedies. Articles 12 to Article 35 of the Constitution of India provide for these Fundamental Rights.

Such rights are added in the Indian constitution since they are deemed necessary for the evolution of each individual’s characteristics as well as the preservation of human integrity.

These rights have been referred to as basic rights since they are justiciable in essence, enabling individuals to seek their implementation in courts in case they are infringed.

Important Characteristics of Fundamental Rights

• The constitution safeguards and guarantees Fundamental Rights.
• Fundamental Rights are not sacred or definitive: the parliament may limit or restrict them for a certain duration. The court, on the other hand, has the authority to examine the reasonableness of the limits.
• Fundamental Rights are subject to judicial review: The constitution empowers a citizen to go appeal to the Supreme Court to have his fundamental rights reinforced if they are breached or limited.
• Fundamental Rights Suspension: Excluding the rights provided by Articles 20 and 21, every Fundamental Right is suppressed under Nationwide Emergency.
• Fundamental Rights Restrictions: During military administration, fundamental rights might be curtailed in any specific location.

Fundamental Rights

The different fundamental rights mentioned in the Constitution of India are as follows:

Right to Equality (Article 14 to Article 18)

• Article 14 embodies the concept of equality, stating that the government should not deprive any individual of equality under the law as well as equal security under the law inside the Indian territory. 
• Article 15 asserts that the government must not allow discrimination against any community member solely based on religious practice, social standing, gender, birthplace, or any combination of these factors and that no civilian shall be susceptible to any liability, disability, constraint, or circumstance as a result of such discrimination.
• Article 16 declares that no individual shall be disqualified for or prejudiced against in every kind of occupation or position under the government solely based on religion, ethnicity, class, gender, ancestry, birthplace, residency, or any combination of these factors.
• Article 17 effectively nullifies and outlaws the practice of untouchability in every manner.
• Article 18 negates all designations and forbids the state from bestowing them upon anyone, resident or non-citizen. Military and educational distinctions, on the other hand, are excluded from the rule.

Right to Freedom (Article 19)

The Right to Freedom grants Indian citizens different freedoms including the freedom of expression and speech, freedom to join associations, freedom to assemble,freedom to stay and settle, and so on.

Protection from Conviction for Offenses (Article 20)

Article 20 protects anybody who commits a crime from arbitrary and disproportionate punishment.

Protection of Personal Liberty and Life (Article 21)

Article 21 stipulates that no one should be robbed of his personal liberty or life unless in accordance with the legal procedure.

Protection against Detention and Arbitrary Arrest (Article 22)

Article 22 ensures the right of each individual detained to be notified of the reason for his imprisonment, as well as the right to counsel and be represented by an attorney of his preference.

Right Against Exploitation (Article 23-24)

Article 23 forbids the trafficking of humans, children, women or other forms of forced labour that are incompatible with human integrity. Article 24 forbids the employment of children under the age of fourteen in any dangerous occupation.

Right to Religious Freedom (Article 25-28)

• Articles 25 – 26 express religious tolerance ideals and seek to underscore the secular foundation under Indian democracy.
• Article 27 guarantees the right not to owe taxes for religious costs incurred in the development or preservation of any faith. 
• Article 28 forbids religious teaching in academic institutions that are entirely funded by the state.

Right to Minorities (Educational and Cultural Rights) (Article 29-30)

• Minority interests are protected under Article 29. An academic establishment can help a minority population effectively preserve its culture, language, or tradition. 
• Article 30 stipulates that minorities, irrespective of faith or language, have the freedom to create and run educational institutions.

Right to Constitutional Remedies (Article 32-35)

• This article provides the right to petition the Supreme Court regarding the implementation of Fundamental Rights through suitable processes and addresses the Supreme Court’s authority to make judgments or petitions for the implementation of Fundamental Rights.
• Article 33 gives Parliament the authority to amend the applicability of Fundamental Rights towards military forces or organizations entrusted with maintaining public security. 
• Article 35 states that the ability to establish legislation to lend support to certain designated Fundamental Rights rests solely with Parliament only.

Conclusion

As a result, Fundamental Rights serve an important role since they are absolutely necessary for individuals to achieve complete ethical, intellectual as well as spiritual status. As a result, the incorporation of Fundamental Rights under the Indian Constitution was intended to build a system of law in order to safeguard personal rights and develop an egalitarian community.

Fundamental Rights defend people’s liberties and freedoms from governmental encroachment and prevent the emergence of dictatorial or authoritarian control in the nation. They are critical to the overall growth of people as well as society.