The Pillars of Freedom: Essential Fundamental Rights in India 1300 Words
Fundamental Rights are the building blocks of India’s democracy, as it has made individual liberties form the core of a just and balanced society. As part III of the Constitution of India, these rights are meant to ward citizens off from arbitrary state actions and bring equality, freedom, and justice to one and all. This paper aims to cover a holistic overview of Fundamental Rights, paying special attention to the most critical articles of the Indian Constitution that define its philosophy.
What are Fundamental Rights?
The base constitutes the fundamental rights given to every citizen of India. These rights are considered justiciable, in case these rights are violated, the judiciary can be approached. Fundamental Rights helps promote political democracy and avert the formation of an authoritarian regime. Fundamental Rights are considered as the conscience of the Constitution. Fundamental Rights consist of rights linked with equality, freedom, exploitation, religion, culture, education, and remedies based on the Constitution.
Classification of Fundamental Rights
The Constitution categorizes Fundamental Rights into six broad categories as follows:-
Right to Equality (Articles 14–18)
Right to Freedom (Articles 19–22)
Right against Exploitation (Articles 23–24)
Right to Freedom of Religion (Articles 25–28)
Cultural and Educational Rights (Articles 29–30)
Right to Constitutional Remedies (Article 32)
Each category has specific articles which form the backbone of Indian democracy. Now, let’s elaborate on each of them one after another.
Right to Equality (Articles 14–18):-
The Right to Equality guarantees equal treatment of the persons before the law, and it forbids discrimination on different grounds. The Right to Equality guarantees social justice and legal justice by way of fairness and equity.
Article 14:-
Equality before Law and Equal Protection of the Laws
It makes it mandatory that the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India.
Guarantees the removal of all forms of arbitrary discrimination.
Article 15:-
Prohibition of Discrimination
No person shall be discriminated against on grounds of religion, race, caste or place of birth.
Grant special privileges to women, children, and socially and educationally backward classes.
Article 16:-
Equality of Opportunity in Public Employment
Guarantees equality of opportunity in matters of public employment.
Article 15 is transformed into making discrimination prohibited.
Article 17:-
Abolition of Untouchability
Declares untouchability as abolished and its practice in any form shall be a punishable offense.
Article 18:-
Abolition of Titles
Prohibits the state from conferring any title except military or academic distinction.
Right to Freedom (Articles 19–22):-
Right to Freedom saves some of the individual rights that are essential for human development and also a democratic regime.
Article 19:-
Guarantees Six Fundamental Rights
Ensures the following rights:-
Freedom of speech and expression.
Right to peaceful assemble.
Right to form any association or union.
Liable to move to any place within India.
Right to reside or settle in any place in India.
Right to any occupation, trade, or profession.
Article 20:-
Protection in Respect of Conviction for Offenses
Prohibits the retrospective operation of criminal laws, double jeopardy and self-incrimination.
Article 21:-
Protection of Life and Personal Liberty
Guarantees that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
Expanded meaning includes right to privacy, clean environment, and education.
Article 21A:-
Right to Education
Makes elementary education compulsory and free to all children of 6 to 14 years of age.
Article 22:-
Right Protection against Arrest and Detention
The right protects the persons from arrest and detention, and they also protect the person against arbitrary detention.
Freedom from Exploitation (Articles 23–24):-
The right was intended to eliminate exploitation in a general sense, including children’s sale and children’s labor.
Article 23:-
Traffic in Human Being and Forced Labour
Traffic in human beings, begar and other forms of bonded labor, it prohibits.
Authority granted to the State to require compulsory service for public purposes.
Article 24:-
Employment of Children
It forbids children under the age of 14 from employment in factories, mines and other hazardous employment.
Freedom of Religion: Articles 25–28:-
It is because of this that the right forms the basis of the secular fabric of India because it grants every person freedom of religion.
Article 25:-
Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
This grants freedom of conscience and the right to profess, practice, and propagate religion subject to public order, morality, and health.
Article 26:-
Freedom to Manage Religious Affairs
It gives every religious denomination the right to administer its own affairs in matters of religion.
Article 27:-
Freedom from Taxation for Promotion of Religion
Prohibits the State from making any law imposing, for example any tax, the whole or any substantial part of whose proceeds directly or indirectly bears upon the promotion of one religion.
Article 28:-
Freedom in Religious Instruction
Restricts religious instruction in educational institutions wholly or partly maintained out of State funds.
Cultural and Educational Rights (Articles 29-30):-
These rights protect the cultural and educational interest of minorities and foster the diversities.
Article 29:-
Protection of Interests of Minorities
It protects the citizen’s right to conserve a distinct language, script or culture.
Article 30:-
Right of Minorities to Establish and Administer Educational Institutions
Grants the right to the minorities to establish and administer educational institutions of their choice.
Non-discrimination in granting aid to such institutions.
Right to Constitutional Remedies (Article 32):-
As evident from various research materials, Dr. B.R. Ambedkar even termed Article 32 to be the “heart and soul of the Constitution”. It empowers persons so that they can move Supreme Courts for the enforcement of rights, as granted under Fundamental Rights.
Article 32 Remedies for Enforcement of Rights:-
The Supreme Court is also empowered to issue writs including that like habeas corpus, mandamus, prohibition quo warranto, and even certiorari.
Fundamental Rights are neither just pieces of paper nor procedural but practical enforceable and real.
Fundamental Rights and their Significance
Protection of Individual Liberty:-
The Fundamental Rights protect the individual against the arbitrary action of the State so that the individual can enjoy his or her personal liberties.
Promotion of Equality:-
They bridge social and economic inequalities through equality before the law.
Special provision to weaker sections ensure social justice and their participation to in the society.
Emerging participative democracy:-
Right to speech and expression forms fundamental rights, hence building on a participative democracy.
The redressing power:-
Through approachable courts, it brings relief well within their effective power.
Amendment and limitation
Even though the rights are fundamental and, therefore, sacred, they still are not absolute. The state retains the right to reasonably limit those rights aimed at maintaining public order, morality, health, and safety. Some amendments have, over time, altered these rights because society changes and must be catered for; for instance:-
Freedom of speech under the First and Forty-Second Amendments would permit some limitation to ensure hate speech does not come up and for public order.
The Forty-Second Amendment curtailed judicial review in certain cases but the subsequent amendments restored this balance.
Conclusion
Basic rights are considered the bases of the Constitution of India and the ideals of justice, liberty, equality, and fraternity. These are not only for protecting the rights of the individual but also set a foundation for a smooth and just society. It is therefore imperative that each citizen is well aware and utilizes the rights in his or her hand to create a smooth-working democracy in India. Only then will such protection of rights in India be a vibrant, pluralist, and mature democracy that is respectful of dignity and freedom for every human being.
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