Fundamental Rights

Fundamental rights are enshrined in the Indian constitution. In this paragraph, the six fundamental rights, their features, etc., are discussed in detail.

Fundamental rights

The six fundamental rights are: the right to freedom, the right to equality, the right against exploitation of any kind, the right to constitutional remedies, the right to religious and cultural expression, and educational rights. Though initially, the right to property was also included in the list of fundamental rights, by the 44th amendment, it was excluded from the list in 1978. Then it was made a legal right under article 300A of the constitution. These six fundamental rights are also known as the “magna carta” of the constitution. The concept of fundamental rights was heavily influenced by the “bill of rights” found in the American constitution. These fundamental rights are protected and guaranteed by the constitution of India and if violated, one can seek judicial help. Though in the emergency period, these rights were suspended, except for the rights mentioned under articles 20 and 21 (right to life). If military rule is imposed, these rights can be curtailed in some areas.

Features of fundamental rights

The right to equality includes 1) equality before the law, 2) prohibition of any kind of discrimination, 3) equal opportunity in employment, 4) abolition of untouchability, 5) The abolition of titles (such as Zamindars, Maharajas, and so on).

The right to freedom deals with 1) freedom of speech and expression; 2) right to non-violent assemblies and peaceful protests; 3) right to form associations such as unions or co-operatives; 4) right to move freely across the country; 5) right to reside and settle down in any state or union territory of the country; 6) right to take up any occupation or practise any profession, trade or business. 6) Protection of human life and liberty.7) protection while a person is convicted of any crime.8) The right to an education9) Protection from arbitrary detention and arrest.

The right against exploitation includes 1) the prohibition of forced labour and human trafficking. 2) Child labour is prohibited.

The right to religious freedom encompasses 1) freedom of belief, propagation, practice, and profession.2) The right to direct religious ceremonies and affairs.3) Freedom from taxation for religious promotion.4) The freedom to practise any religion and attend any religious event.

The right to education and cultural rights deals with 1) protection of minority rights. 2) The rights of minorities to establish educational institutions are granted.

The right to constitutional remedies includes five writs to secure fundamental rights; they are

Habeas Corpus: It helps to release any person unlawfully detained.

Mandamus: It compels any public authority to carry out its responsibilities.

Quo Warranto: It directs any person or institution to evacuate any illegally occupied public office.

Prohibition: This law prohibits any lower court from further proceeding with any hearing in which it doesn’t has any power.

Certiorari: It assures the power of the higher courts to remove any hearing in the lower courts and present it before themselves.

The right to constitutional remedies also addresses the following issues: 1) empowering parliament to limit the fundamental rights of those serving in the armed forces, paramilitary forces, police forces, intelligence agencies, and so on.2) When martial law or military rule is imposed, it restricts certain fundamental rights.3) Giving the parliament the authority to enact more fundamental rights legislation.

Conclusion

The Indian constitution is very complex in nature and it is considered the largest written constitution in the world. Now the constitution guarantees and protects fundamental rights. Fundamental rights are so important that they are often called the “magna carta” of the Indian constitution. These rights are called “fundamental” because if they are violated, any person can move to the court to seek justice. As a topic, fundamental rights in Indian polity carry heavy weightage in the UPSC examination. This topic covers a huge portion of the UPSC syllabus. So, the aspirants must take great care of this topic and must learn it efficiently.

Fundamental Rights