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Fundamental Rights in the Indian Constitution

History of Rights, Importance of Fundamental Rights, Difference between Fundamental Rights and other rights etc.

Fundamental Rights are one of the most basic rights provided in the Indian constitution. The establishment of Fundamental Rights in India is largely influenced by the Bill of Rights of the United States. These rights are included in the constitution because they are deemed necessary for the development of each individual’s personality and the preservation of human dignity. 

Why are Fundamental Rights important?

Fundamental Rights establish criteria for behaviour, citizenship, justice, and fair play. They act as a check and balance on the government. Fundamental Rights are crucial in our society because of various social, religious, economic, and political issues. Fundamental Rights are enumerated in Part III of our Constitution, from Article 14 through Article 32. These are legally protected rights. Some of the features of Fundamental rights are –

  • The constitution empowers a person to go directly to the Supreme Court to have his fundamental rights reinforced if they are violated or curtailed
  • Except for the rights protected by Articles 20 and 21, all Fundamental Rights can be suspended during National Emergencies
  • During military administration, Fundamental Rights might be curtailed in any specific location
  • The constitution protects and guarantees Fundamental rights

Difference between Fundamental Rights and Other rights

  • Fundamental Rights are different from other rights such as Human or Legal rights. Fundamental rights are the rights of a country’s citizen and can be different in different nations, however human rights is the same in every nation that deals with people’s right to live with dignity and equality
  • Legal rights when compared with fundamental rights are not important in normal life
  • Legal rights are founded on basic rights where the state or central government may change where necessary. But Fundamental rights are founded on the principle of the right to freedom while human rights are founded based on the right to a dignified life
  • Fundamental rights are derived from the opinions of a free society. Human liberties, on the other hand, are the result of civilised countries’ ideas

Basic Fundamentals Rights in the Indian Constitution

These are the fundamental rights every citizen has access to. These rights form an important part of the Indian constitution.

Right to Equality 

The right to equality is a requirement for every individual living in any democratic society. Due to enormous economic, social, and political gaps, equality is critical in countries such as India. Articles 14-18 describes the rights of equality which also include the equality of opportunity and abolishing the practice of untouchability. Equality in society can help in abolishing such practices. To establish equality in practice, discrimination must be eliminated.

Right to Freedom

The specific law permits the country’s citizens to ensure the government and its policies. They are free to organise themselves as they see fit and live their daily lives as they see fit. The right to Freedom is mentioned in the constitution from articles 19 to 22. This right also enables the right to information. Hence, every public related information should be available to its citizens. In short, people can live without fear of a higher power, like the government.

Right against Exploitation

It is important to remember that to be exploited is to be abused. We frequently see that children and the underprivileged are particularly vulnerable to exploitation. Furthermore, it is mentioned in articles 23-24. This fundamental right, which is one of the most vital, ensures things like education for children and equal compensation for equal effort.

Right to culture and educational rights

This law’s primary goal is to safeguard minorities. Article (29-30) describes these rights in the constitution. We have several groups of people who are extremely small in number. They generally reside in isolated locations or have been oppressed by traditional society. Certain castes and tribes who dwell in forests, away from developed urban cities and towns, can be included. Minorities include a subset of the general public known as Dalits, as well as minority religious communities such as the Parsis. All of these folks have a fundamental right to all of the benefits enjoyed by the majority of residents.

Right to Freedom of religion

Every citizen in our country is free to practise the religion of their choice. Everyone is free to follow the dictates of their religion. This right is described in Articles (25-28) in the Indian constitution. However, in practising our faith, we must remember that others are free to practise theirs as well and that this is no reason to fight.

Right to constitutional remedies

This right is critical for the legal growth of persons and the country as a whole. All citizens have an equal right to seek justice in a court of law. These rights are mentioned in Article 32 and Article 226. If they believe they are a threat to life or property, they should join the government to make this change.

Conclusion

Fundamental Rights form the base of growth in India. It is important that every citizen regardless of religion, caste, sex or other backgrounds can practice these Fundamental rights. Government and independent institutions have the responsibility to uphold these rights and work according to them in building the nation. 

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