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Fundamental Rights of India

Updated on September 17, 2012

Fundamental Rights

Part III of the constitution of India deals with the fundamental rights.These rights are above all other laws of the land. The Fundamental Rights are rightly regarded as the soul of the constitution. Part III of the constitution has 24 articles which deal with the fundamental rights. The fundamental rights of the Indian Citizens have been guaranteed by the article 12-35. The fundamental Rights are classified into six categories:

1) Fundamental-Right to equality (Art. 14-18)

2) Fundamental-Right to Freedom and Personal Liberty (Art.19-22)

3) Fundamental-Right against Exploitation (Art. 23-24)

Thus are the six Fundamental Rights of the Indian Constitution.

4) Fundamental-Right to freedom of religion (Art. 25-28)

5) Fundamental-Cultural and Educational Rights (Art. 29-30)

6) Fundamental-Right to constitutional remedies (Art. -32)

The Fundamental Rights of the Indian citizen have many provisions. The six types of Fundamental Rights are discussed below:

Fundamental Right to Equality:

  • The state cannot deny any individual equality before law or its equal protection.
  • No discrimination shall be made on the grounds of religion, race, caste, sex or place of birth.
  • There can be no discrimination in respect to recruitment to public office.
  • It abolishes untouchability.
  • Only the state can confer titles regarding to military and academic distinction.

Fundamental Right to Freedom and Personal Liberty:

  • It guarantees freedom of assembly, association, movement, residence, profession or business.
  • Protection against arbitrary and excessive conviction for the offences committed by citizens.
  • No person shall be deprived of life and liberty.
  • Protection against arrest and detention.

Fundamental Right against Exploitation:

  • It prohibits forced labor such as begging and declares them as illegal.
  • Prohibits the employment of children less than 14 years of age in hazardous industries.
  • Prohibits the trafficking of human beings.

Fundamental Right to Freedom of Religion:

  • It gives the citizen the right to follow and propagate any religion.
  • To manage their own religious affairs and to establish religious institutions for charitable purpose.
  • Religious instruction cannot be imparted in an institution wholly maintained by the state.

The Fundamental-Cultural and Educational Rights:

  • Any section of the constitution of the citizens of India having a distinct language and script have the right to converse the same.
  • All minorities based on religion or languages have the right to establish and administer educational institutes of their own.
  • The aim of cultural and educational rights is to give protection to minorities, religious or linguistic.

Fundamental Right to Constitutional Remedies:

  • Article 32 of the Indian constitution empowers the supreme court to issue orders, directions and prerogative writs for the enforcement of fundamental rights.

The Supreme Court can issue five writs:

1.Habeas corpus






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