LIst Of 6 Fundamental Rights In India

The Fundamental Rights enshrined in the Indian Constitution form the foundation upon the democratic edifice of the nation stands. They are not only legal guarantees; they personify India's commitment to the liberty of the individual, social justice, and inclusive governance. The Fundamental Rights introduced under Part III of the Constitution draw inspiration from democratic ideals throughout the world but have been adapted to meet India's special social scenario after Independence.

The Constitution provides the six fundamental rights enjoyed by all Indian citizens: 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. These rights are justiciable in nature, meaning when any of these rights are violated, the citizen can directly go to the Supreme Court under Article 32 or High Courts under Article 226.

The active role of the judiciary in upholding these rights is reflected in the sheer volume of writ petitions filed every year. Official information puts the tally of writ petitions instituted in the Supreme Court at more than 60,000 every year, making it clear how much the common man looks to these provisions for protection and redressal. In this sense, Fundamental Rights are not just theoretical ideals-they are practically alive and working in Indian democracy, safeguarding its citizens day in and day out.

Why Fundamental Rights Are Important In A Democracy

It is one of the essentials in any running functioning democracy that people be empowered to live freely, speak their minds, and ensure equal treatment. The Fundamental Rights make sure that no arbitrary actions are taken against these individuals and that they can participate actively in the democratic processes.

In essence, what makes these rights prominent is the fact that they protect the dignity of humans. Rights such as freedom of speech, movement, and religion make individuals able to express themselves and live without fear or repression. This proves extremely vital in a country like India, characterized by diversity and pluralism, wherein the Constitution has to uphold the freedoms of various linguistic, cultural, and religious communities.

These rights also guarantee equality before the law, an essential democratic value laid down by Article 14. Whether it be for the cases involving caste discrimination, gender bias, or religious intolerance, these rights uphold both justice and inclusivity. In recent years, a rapid increase in litigation concerning equality and privacy rights, especially on the emerging issues of digital rights, is just another indication of the continuing relevance of these rights.

Furthermore, Fundamental Rights enable political participation. For example, Article 19 allows citizens to dissent, form associations, and conduct peaceful protests, all of which are healthy for democracy. A Pew Research Center study in 2021 stated that nearly 74% of Indians believed that freedom of expression and freedom of religion were essentials of democratic life, thus indicating a high level of public awareness and expectations surrounding these rights.

Finally, such rights would limit the extent of state power. State authority goes unchecked wherever these rights are absent. India's constitutional framework is a strong one, empowering the aggrieved citizen to challenge the misuse of authority and thereby safeguarding the rule of law against possible state overreach.

List Of 6 Fundamental Rights In India

• Right to Equality
• Right to Freedom
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational Rights
• Right to Constitutional Remedies

Right To Equality

Articles 14 - 18
This right guarantees equality before law and protection from discrimination on the grounds of religion, race, caste, sex, or place of birth. It is the most important pillar of Indian democracy by virtue of Article 14, which assures equality before law as well as equal protection of the laws. In Maneka Gandhi vs. Union of India (1978), the Supreme Court interpreted Article 14 in an expansive manner and linked it with Article 21 to the effect that laws have to be fair, just, and reasonable.

Article 15 prohibits discrimination, while Article 16 assures equality of opportunity in matters concerning public employment. The much talked about judgment of Indra Sawhney vs. Union of India (1992) endorsed reservation based on caste for OBCs and ruled that such affirmative action would stand judicial scrutiny as long as it did not cross the ceiling of 50%.

Untouchability has, in itself, been constitutionally abolished by Article 17-the provision that acts as a protective bulwark even today as the cases under the SC/ST (Prevention of Atrocities) Act continue to spring up from different parts of the country. Article 18 prevents the state from awarding titles causing inequalities, except for academic or military distinctions.

Right To Freedom

Articles 19-22
Rights here are the foundation-stones of citizen autonomy and active citizenship. Article 19 assures six freedoms: speech and expression, assembly, association, movement, residence, and occupation. These freedoms became even more significant in Shreya Singhal Versus Union of India (2015), as the Supreme Court rendered Section 66A of the IT Act unconstitutional by protecting online speech as a constitutionally protected right.

Article 20 provides for safeguards in criminal proceedings, protection against double jeopardy and self-incrimination, and Article 21 protects the right to life and personal liberty and has seen many transformations. In Justice K.S. Puttaswamy Vs. Union of India (2017), the court extended the scope of Article 21 by saying that the right to privacy forms part of Article 21.

This provision of Article 21A with regard to compulsory learning of the children in the age group of 6 to 14 years has seen dramatic increases in rates of enrollment in schools. Article 22 offers protection against arbitrary arrest and also procedural rights like legal counsel and production before the magistrate.

Right Against Exploitation

Articles 23 - 24
This particular right will work for the total disassembly of exploitation in human beings by any forms. Article 23 stops trafficking, begar (forced or unpaid labor), and similar practices. In what case, People's Union for Democratic Rights v. Union of India (1982), The Supreme Court put it in place that non-payment of minimum wages amounts to forced labor under Article 23, thus scope-continuing widening of its definition.

Therefore, Article 24 prohibits employment of children under 14 years in hazardous industries. The enactments notwithstanding, child labor still subsists, especially in informal sectors, thereby necessitating stricter enforcement with awareness campaigns to strengthen the structures.

The Right To Freedom Of Religion

Articles 25 to 28
Each of these provisions guarantees to an individual the right to profess, practice, and propagate any religion other than that which is injurious to public order, morality, or health. Article 25 guarantees' all religious freedom, which has been up held in Bijoe Emmanuel v. State of Kerala (1986), where students who did not wish to sing the national anthem on religious grounds were ruled in favour by the court.

Article 26 empowers a religious denomination to manage its own affairs in matters, like the place of worship or in charitable institutions. Articles 27 and 28 to safeguard the secular character of the state-from making available public funds for the purposes of the promotion of religion and by preventing students in state-funded institutions from compulsory religious instruction. The importance of such right becomes evident given India's pluralistic religious context and the need to maintain social harmony.

Cultural And Educational Rights

Article 29-30
In a diverse country like India, these rights become very significant for minority communities to retain their own language, culture, and heritage. Article 29 safeguards the rights of any section of citizens to conserve its language or culture. Article 30 furthers this by permitting religious and linguistic minorities to found and administer educational institutions of their choice.

In the case of T.M.A.Pai Foundation v. State of Karnataka (2002), the court affirmed that minority institutions had autonomy regarding administration, subjected to appropriate regulations. Thousands of schools and colleges across India managed by Christian, Muslim, Sikh, and linguistic minority communities reflect such provisions being practically applied to preserving identity and access to education.

Also Read : Cultural and Educational Rights in India

Right To Constitutional Remedies

Article 32
This right, which is called by Dr. B.R. Ambedkar the "heart and soul" of the Constitution, makes all other Fundamental Rights meaningful because it entitles citizens to approach the Supreme Court directly for violations of the rights given to them. It can issue writs like Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

In the historic Kesavananda Bharati v. State of Kerala (1973), the Apex Court reiterated Article 32 as part of the basic structure of the Constitution and cannot be abrogated. The sheer number of writ petitions concerning differing petitions relating to issues like violation of fundamental rights, unlawful detention, and censorship by state functions is indicative of the importance of this right.

Note: The Right to Property as a Fundamental Right under the Constitution was repealed with the 44th Constitutional Amendment Act of 1978. It was repealed due to its hindrance to the government from executing land reform or measures related to social justice. Now, the Right to Property is no longer a Fundamental Right but is a legal right available under Article 300A in Part XII of the Constitution.

Also Read : Difference Between Fundamental Rights And Directive Principles

Conclusion

The Fundamental Rights enshrined in the Indian Constitution are not merely constitutional promises, but also form the bedrock of democracy in its functioning. These rights, which guarantee liberty and equality, dignity, and cultural freedom, ensure that any citizen, cutting across barriers, is guaranteed freedom and respect. Over the decades, Indian courts have played an important role in the interpretation, extension, and expansion of the ambit of these rights in conformity with the needs of a changing society, including the challenges posed by technology, poverty, and state excesses.

These rights empower and protect individuals, enabling them to speak, practice their faith, orientated to education, convert their culture, and seek justice in courts. The number of writ petitions filed every year reflects the hope and trust of the citizens on these provisions to secure their freedoms.

In a highly diverse and complex democracy such as India, these Fundamental Rights do not only act as individual protectors but also maintain integrity for unity, equality, and justice with which the very spirit of the Constitution flourishes. It would be the duty of every citizen to not only practice these rights, but to also respect the rights of others, making sure that these values of democracy ingrained in the Constitution live on to the coming generations.

Frequently Asked Questions (FAQs) On Fundamental Rights In India

To dispel common doubts and offer instant clarity, here are some of the FAQs on the Fundamental Rights enshrined in the Constitution of India.

Q1. Are there 6 or 7 Fundamental Rights in India?

India now has 6 Fundamental Rights. Before, there were 7, but with the passing of the 44th Amendment Act to the Constitution in 1978, the Right to Property (Article 31) has been removed from the list of Fundamental Rights. It is now a legal right under Article 300A in Part XII of the Constitution.

Q2. What is Articles 23 to 30?

Articles 23-30 deal with two important categories of Fundamental Rights:

• Articles 23-24 deal with the Right against Exploitation, which will not allow human trafficking, forced labour, or child labour in hazardous environments.
• Articles 25-28 grant the Right to Freedom of Religion, which will allow the free profession, practice, or propagation of religion.
• Articles 29-30 ensure the protection of cultural and educational rights, especially for minority communities to conserve their culture and establish educational institutions.

Q3. What are the Fundamental Rights of India?

The Constitution of India guarantees the 6 Fundamental Rights:

• 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

These rights are actionable in courts and are said to protect individual liberty and preserve our democratic ideals.

Q4. What is Article 19 to 22?

• Article 19: Provides six freedoms: the freedom of speech and expression, the freedom to assemble peacefully, the freedom to form associations and unions, the freedom of movement, the freedom to reside and settle in any part of the territory of India, and the freedom of practice any profession.
• Article 20: Enshrined in this article are the individual's protection in matters related to criminal law against double jeopardy, ex post facto laws, and self-incrimination.
• Article 21: It protects the right to life and personal liberty.
• Article 21A: It provides for free and compulsory education to all children from the age of 6 to 14.
• Article 22: Provides safeguards against arbitrary arrest or detention, as well as specific rights for detainees.