Fundamental Rights – Articles 12-35 Part III of Indian Constitution

Fundamental Rights

The Fundamental Rights enshrined in the Constitution of India represent the most significant outcome of the country’s independence movement. These rights are guaranteed to all Indian citizens and are enforceable by the courts. The Fundamental Rights are classified into six categories: right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.

What Are the Fundamental Rights?

There are six Fundamental Rights guaranteed by the Indian Constitution. These are the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the right to cultural and educational rights, and the right to property.

The Fundamental Rights are enshrined in Part III of the Indian Constitution. They are meant to protect the citizens of India from discrimination and ensure that they enjoy basic human rights.

The Fundamental Rights are not absolute. They can be restricted by law in order to maintain public order, decency, and morality. However, any restrictions must be reasonable and necessary in a democratic society.

List of Fundamental Rights

The Fundamental Rights guaranteed by the Constitution of India are listed in Part III of the Constitution. These rights are enshrined in the Constitution to protect the citizens of India from arbitrary actions by the state and to ensure that everyone enjoys basic human rights.

There are six Fundamental Rights guaranteed by the Constitution: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the cultural and educational rights, and the right to constitutional remedies.

Each of these rights is vital for the protection of individual liberty and for ensuring a just and equitable society. The Fundamental Rights are not absolute, but are subject to reasonable restrictions that can be imposed by law in order to protect public order, morality, and the rights of others.

Importance of Fundamental Rights

Importance of Fundamental Rights

Fundamental rights are the basic rights of all citizens of India. They are enshrined in Part III of the Indian Constitution.

Fundamental rights are important because they guarantee the basic rights of all citizens, regardless of their caste, religion or gender. They promote equality and justice, and protect the vulnerable from exploitation.

Fundamental rights are not absolute; they are subject to reasonable restrictions. For example, the right to freedom of expression may be restricted in the interests of public order. However, any restrictions must be reasonable and proportionate.

Fundamental rights are enforceable by the courts. If the government violates a fundamental right, citizens can approach the courts for redress. The Supreme Court has held that it is the duty of the state to protect fundamental rights.

Overall, fundamental rights are important for ensuring equality and justice in society. They are an essential part of the Indian Constitution.

Introduction of Fundamental Rights (Articles 12 to 35)

Part III of the Indian Constitution contains six Fundamental Rights. They are the Right to Equality (Article 14-18), Right to Freedom (Article 19-22), Right to Life and Personal Liberty (Article 21), Right against Exploitation (Article 23-24), Right to Freedom of Religion (Article 25-28) and Cultural and Educational Rights (Article 29-30).

The Fundamental Rights guaranteed by the Constitution are not absolute but subject to reasonable restrictions. These rights can be suspended during emergency by the President of India. The Fundamental Rights are justiciable in nature, meaning they can be enforced by the courts.

The Fundamental Rights were included in the Constitution with the intention of guaranteeing certain basic rights to all citizens regardless of caste, creed, religion or gender. These rights are essential for the development of a person’s personality and for ensuring a life of dignity and respect.

The Fundamental Rights are an important part of our Constitution and must be respected and upheld by all citizens.

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Fundamental Rights

Introduction of Fundamental Rights (Articles 12 to 19)

Article 12: This article defines the term ‘State’ for the purposes of Part III of the Constitution. It includes the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India.

Article 13: This article lays down that any law which takes away or abridges any of the fundamental rights conferred by Part III shall be void to the extent of such taking away or abridgement.

Article 14: This article guarantees equality before the law and equal protection of the laws within the territory of India.

Article 15: This article prohibits discrimination on grounds only of religion, race, caste, sex or place of birth.

Article 16: This article guarantees equality of opportunity in matters relating to public employment.

Article 17: This article abolishes untouchability and forbids its practice in any form.

Article 18: This article abolishes titles except those which are hereditary in nature.

Article 19: This article confers on citizens the six freedoms subject to reasonable restrictions imposed by law in the interests

Fundamental Rights Available Only to Citizens

Fundamental Rights are available only to citizens of India and not to any other person. The Constitution of India provides for six fundamental rights viz., the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the cultural and educational rights and the right to constitutional remedies.

The Fundamental Rights are enshrined in Part III of the Constitution of India. These rights are guaranteed by the Constitution and cannot be taken away by any law or authority.

Fundamental Rights are available to all citizens irrespective of their caste, creed, religion or gender. These rights cannot be abridged or taken away by anyone including the State.

The Fundamental Rights are not absolute but subject to reasonable restrictions imposed by law in the interests of public order, morality, health and other such grounds.

Conclusion

The Fundamental Rights enshrined in the Constitution of India guarantee equality before law, freedom of speech and expression, freedom to practice any religion, equality of status and opportunity, and constitutional remedies for the enforcement of these rights. They form an indispensable part of the basic structure of our Constitution and it is the duty of every citizen to uphold them.

UPSC IAS Important Questions Related to Fundamental Rights

Question: What are the fundamental rights guaranteed by the Constitution of India?

The Constitution of India guarantees six fundamental rights to all its citizens. These rights are the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the cultural and educational rights, and the right to constitutional remedies.

Question: How can these rights be enforced?

If any of these rights are violated, the aggrieved person can approach the Supreme Court or the High Court for redressal. The court can then pass appropriate orders to enforce these rights.

Question: What are the restrictions placed on these rights?

The fundamental rights are not absolute and can be subjected to reasonable restrictions. These restrictions must be specified in law and must be necessary in the interests of national security, public order, or morality.

Question: What is the difference between Fundamental Rights?

The right to life, liberty, equality before the law, freedom from slavery, and freedom from torture are some of the fundamental rights.

Question: What is the difference between Fundamental Rights?

There are five categories of fundamental rights namely, 1) Right to Life 2) Right to Personal Liberty 3) Equality 4) Right to Fair Compensation 5) Right to Social Security.

Question: What is the difference in the meaning of “Liberty” and “Freedom”?

In the context of the Indian constitution, liberty means the power of doing something without hindrance or interference. Freedom means the state of being free from restraint or control.

Question: What is the difference between Fundamental Rights and Fundamental Liberties?

Fundamental rights and fundamental liberties are two different concepts. Fundamental rights are the rights that are guaranteed to each citizen by virtue of being born a human being. Fundamental liberties are the rights that are granted to citizens by the State.

Question: What is the difference between Fundamental Rights and Fundamental Duties?

Fundamental duties are the obligations that we owe to our fellow human beings. Fundamental rights are the entitlements that we have as individuals.

Question: What is the difference between Fundamental Right and Fundamental Liberty?

Fundamental rights are those rights that are guaranteed to every individual by virtue of being born human beings. These rights are inherent and therefore cannot be taken away by any government. On the other hand, fundamental liberties are not absolute and may be restricted by law. Fundamental rights are protected under Article 21 of the Constitution whereas fundamental liberties are protected under Articles 19-22 of the Constitution.

Question: What is the Difference Between Fundamental Rights and Fundamental Freedoms?

Fundamental freedoms are the rights and privileges which are given to people by the Government. Fundamental rights are the basic rights that are guaranteed to everyone by the Constitution.

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