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Important Rights in the Indian Constitution

India ensures the highest regard for the Right to Equality and Right to Freedom by enforcing the law through its Constitution. Let's learn about these rights.

In the Indian Constitution, six fundamental rights are established to protect the civil rights of every citizen of India, beyond their birthplace, caste, creed, race or religion. These six fundamental rights are described in part III of the Constitution, Article 14- Article 35, to secure the freedom and liberty of every Indian national. However, in the beginning, there were seven fundamental rights mentioned in the Constitution, which later were revised into six. Six fundamental rights are 

a) Right to equality (Articles 14–18)

b) Right to freedom (Articles 19–22)

c) Right against exploitation (Articles 23–24)

d) Right to freedom of religion (Articles 25–28)

e) Cultural and educational rights (Articles 29–30)

f) Right to constitutional remedies (Article 32). 

Right to Equality

Right to equality is one of the main spirits of the Indian Constitution, which consolidates the equal rights of every Indian under the Indian Penal Code (IPC). The Right to equality is described in five articles (Article 14 to Article 18). Article 14 guarantees equal rights, before the law, to every citizen of India. In Article 15, discrimination based on caste, creed, sex, religion, place of birth and race is prohibited. Article 16 gives equal employment opportunities to all the citizens of India in public sectors. Article 17 prohibits the practice of untouchability in any form and circumstances. And Article 18 abolishes any titles of citizens, nobility or aristocracy of the Indian territory, except military and academic titles.

However, some exceptions and reservations are created to give more opportunities to already backward classes of the society, women, the elderly or differently-abled people, to provide the Right to equality to them.

Right to Freedom 

The Right to freedom is a basic individual right in any democratic liberal society of the modern world. India is no exception. Those rights and protections are explained in articles 19 to article 22. In Article 19, there are six protections given to the citizens of India to practise freedom and liberty without any discrimination, and disparities are 

a) Freedom of speech and expression

b)Freedom of assembly(without arms)

c) Freedom of association

d) Freedom of movements

e) Freedom of practice in any legal profession 

f) Freedom of residence, residing in any part of the country under the same basic laws. 

In 2005, the Right to Information (RTI) was accepted and included as a right to freedom in the Constitution under Article 19(1). 

In Article 20, protection is provided to citizens concerning convictions for offences. It gives certain immunities and protections to the convicts or accused. Article 21 protects life and personal liberty, allowing citizens to live a ‘meaningful, complete and worth living life. Article 21A ensures the Right to elementary education of every citizen. Article 22 gives protection against arrest and preventive detention.

Right to Freedom of Religion (Article 25 to Article 28)

The Right to religious freedom is important in the Indian Constitution, which safeguards the country’s secular fabric and equality of all citizens, irrespective of their religious beliefs. These rights are designated in Article 25 to Article 28. Article 25 ensures the Right to freedom of conscience, which provides the Right to preach, practice and propagate. However, the Right to propagate is not meant to be used as a pretext for religious conversion. 

Right to Constitutional Remedies (Article 32 to Article 35)

The Right to constitutional remedies resides in Article 32. It is a fundamental right to ensure the protection of all other fundamental rights under the watch of the Supreme Court of India. Supreme Court is entitled to protect these rights by issuing writs like habeas corpus (an order free a person detained unlawfully), mandamus (an order to direct public bodies to their respective duties), prohibition (an order to prohibit lower court proceed a case, certiorari( a special right of a higher court to prevent proceedings of a case in the lower court and bring the issue before itself), and quo warranto ( an order to a person to vacate property or office which is occupied unlawfully) to ensure and implement of fundamental rights. Article 33 is meant to give special powers to Parliament to prevent or repeal fundamental rights of the Indian Armed Forces, a paramilitary force, police and intelligence agencies. Article 34 is meant to curtail fundamental rights implied in the state during martial law. And Article 35 provides special power to Parliament to revise and introduce laws to create corrections on fundamental rights. 

Conclusion

There are various stances in the past where boundaries of the fundamental rights were questioned by the individuals or state bodies as the Right to equality, Right to freedom, Right to constitutional remedies, and other basic rights are subject to defer at different times under different circumstances. However, many historical verdicts(for example, Maneka Gandhi vs Union of India,1978) and amendments have been made that extend, dilute, and restrict the shape of fundamental rights in the state.

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Frequently asked questions

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What are the fundamental rights in India?

Answer: In India, there are six fundamental rights enshrined by the Constitution. a) Right to equality b) Right to freedom c) ...Read full

Can fundamental rights be amended?

Answer: The Indian Constitution allows the Parliament the Right to amend it. However, it is only applicable if the a...Read full

Is freedom of the press a fundamental right?

Answer: Article 19(1)(a) ensures freedom of speech and expression for all the citizens of India. In India, freedom o...Read full

When fundamental rights can be withdrawn?

Answer: If a national emergency is announced, fundamental rights can be withdrawn or curtailed.