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Rajesh’s Expert Guide: Keep up with Current Affairs by Understanding the 6 Fundamental Rights in the Indian Constitution

August 25, 2023

Fundamental rights are key aspects of the Indian Constitution, and it is essential for students to understand their significance. There are six fundamental rights guaranteed by the Indian Constitution, including the right to equality, freedom, and religion, protection against exploitation, cultural and educational rights, and the right to constitutional remedies. Continue reading to explore each of these rights in detail, examining their implications and significance in upholding justice and democracy in India.

Right to equality

In the Indian Constitution, the right to equality is very important. It means that everyone should be treated the same under the law and there should be no discrimination on the basis of things like religion, race, caste, sex, or where someone was born. Different articles in the Constitution make sure of this. For example, Article 14 says that everyone should be treated equally under the law. Article 15 says that there should be no discrimination based on things like religion, race, caste, sex, or place of birth. Article 16 makes sure that everyone has the same opportunities for jobs in the government, and Article 18 gets rid of titles and special names that some people used to have.

Right to freedom

The right to freedom is another crucial right, empowering individuals to express themselves and live without excessive restrictions. According to Article 19 of the Indian Constitution, you have the freedom of speech and expression, assembly, association, and the right to move freely throughout the country. Article 20 provides protection against self-incrimination and double jeopardy, while Article 21 safeguards your right to life and personal liberty. Additionally, Article 22 safeguards the rights of individuals who have been arrested.

Right against exploitation

The Indian Constitution understands the significance of protecting individuals against exploitation. Article 23 prohibits human trafficking and forced labor, ensuring that no person is made to work like a slave or servant. Article 24 forbids the employment of children below 14 years of age in dangerous occupations.

Right to freedom of religion

Religious freedom is a critical aspect of fundamental rights. Article 25 ensures that you have the right to express and practice any religion you believe in. Also, Article 26 allows religious communities to manage their own affairs and build religious institutions. Additionally, Article 27 prohibits religious taxes, and Article 28 limits religious teachings in state-funded educational institutions.

Cultural and educational rights

The Indian Constitution recognizes the importance of preserving cultural diversity and protecting the rights of minorities. To achieve this, it includes cultural and educational rights. Article 29 safeguards the rights of minorities to conserve their language, script, and culture. Article 30 grants minorities the right to establish and manage educational institutions of their choice.

Right to constitutional remedies

One of the important aspects of the Indian Constitution is the right to constitutional remedies. This means that individuals can take legal action to ensure that their fundamental rights are upheld. Article 32 of the Indian Constitution allows individuals to approach the Supreme Court to enforce their fundamental rights, which ensures that people have a way to seek justice when their rights are violated. However, Articles 33, 34, and 35 do provide some exceptions and allow the Parliament to limit certain fundamental rights in specific situations.

FAQs

1. Why are fundamental rights important in a democracy?

  • Fundamental rights are the foundation of a democracy, ensuring that all citizens can participate freely and equally in the democratic process. They guarantee individual freedoms, prevent government overreach, and create an environment where every citizen feels secure, protected, and empowered to voice their opinions.

2. How can the fundamental rights be suspended or limited?

  • During a state of emergency, as provided by Article 352 of the Indian Constitution, certain fundamental rights can be suspended. This is done to ensure the stability and security of the nation during extreme circumstances. However, rights granted by Articles 20 and 21, related to protection in case of conviction and the right to life and personal liberty, cannot be suspended.

3. Are fundamental rights absolute in India?

  • No, fundamental rights are not absolute. While they are essential, the Indian Constitution provides certain reasonable restrictions on these rights in the interest of public order, decency, morality, national security, and to balance them with other essential values and principles.

4. How are fundamental rights protected in India?

  • The right to constitutional remedies, enshrined in Article 32, empowers citizens to approach the Supreme Court to enforce their fundamental rights. Similarly, Article 226 allows them to approach High Courts. These provisions ensure that whenever a citizen feels their fundamental rights are being violated, they have legal means to seek justice.

Conclusion

Understanding the fundamental rights provided in the Indian Constitution is vital for you as a student. These rights are widely recognized in many other nations, ensuring equality, justice, and protection, and fostering a democratic society. By upholding the principles and values of fundamental rights, you contribute to a just and inclusive world.

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