Understanding India’s Fundamental Rights: Articles, Protections, and Significance l (Article 12 -35) – List of Fundamental Rights

 

Understanding India's Fundamental Rights: Articles, Protections, and Significance

The Fundamental Rights of India are a set of constitutional guarantees that protect individual freedom and ensure social justice. Fundamental Rights of India is one of the most significant features of the Indian Constitution for all Indian citizens. justice. Enshrined in Part III of the Indian Constitution, these rights are considered fundamental because they are essential for the overall development and well-being of citizens. There are six Fundamental Rights in Articles 12 to 35 in Part II of the Indian Constitution, which are as follows-

 

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1. Right to Equality (Articles 14-18)

  • Article 14: Equality before law and equal protection of laws.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Article 16: Equality of opportunity in matters of public employment.
  • Article 17: Abolition of untouchability.
  • Article 18: Abolition of titles except for military and academic distinctions.

 

2. Right to Freedom (Articles 19-22)

  • Article 19: Protection of certain rights regarding freedom of speech, assembly, association, movement, residence, and profession.
  • Article 20: Protection in respect of conviction for offences.
  • Article 21: Protection of life and personal liberty.
  • Article 21A: Right to education.
  • Article 22: Protection against arrest and detention in certain cases.

 

3. Right against Exploitation (Articles 23-24)

  • Article 23: Prohibition of traffic in human beings and forced labour.
  • Article 24: Prohibition of employment of children in factories, etc.

 

4. Right to Freedom of Religion (Articles 25-28)

  • Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
  • Article 26: Freedom to manage religious affairs.
  • Article 27: Freedom as to payment of taxes for the promotion of any particular religion.
  • Article 28: Freedom from attending religious instruction or worship in certain educational institutions.

 

5. Cultural and Educational Rights (Articles 29-30)

  • Article 29: Protection of interests of minorities.
  • Article 30: Right of minorities to establish and administer educational institutions.

 

6. Right to Constitutional Remedies (Article 32)

  • Article 32: Remedies for enforcement of Fundamental Rights, including the right to move the Supreme Court for the enforcement of rights through writs.

Remember, these rights apply to all citizens, foreigners, or legal persons like corporations, companies, etc.

 

 

Fundamental Rights under the Indian Constitution – (Article 12 -35) 

Let’s understand all the  fundamental rights are mentioned in Articles 12 to 35 in Part III of the Indian Constitution separately-

  • Article 12: Definition of the State: Article 12 defines “the State” to include the Government of India, the Parliament, the state legislatures, and all local or other authorities within the territory of India.
  • Article 13: Laws Inconsistent with or in Derogation of Fundamental Rights: The article prevents the state from creating laws that deprive individuals of human rights. All laws running counter to these landmark rights shall be nullified in total as well. 
  • Article 14: Right to Equality: Article 14 makes the law to be equal for every human residing in India and asserts that they will be protected under the law equally. It discriminates on grounds of religion, race, caste, sex or birthplace. 
  • Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of Birth: In clause 1, article 15, you can see that the state is banned from discriminating against any citizen on the grounds of representation of God or a religious belief, colour or race, caste, womanhood or gender, or birthplace. The State shall have the power under Article 15(2) to affirm economically and socially underprivileged groups, Scheduled Castes, Scheduled Tribes, and women through special means. 
  • Article 16: Equality of Opportunity in Matters of Public Employment: Article 16 provides an opportunity for every citizen to be considered for any public office without any discrimination based on religion, race, caste, sex, descent, place of birth or any residence. 
  • Article 17: Abolition of Untouchability: Article 17 dissolves untouchability and forbids the practice of it in any way. It is an order stating that untouchability would be considered a crime within the reach of law. 
  • Article 18: Abolition of Titles: Article 18 stipulates that the State cannot confer titles except those of military legion model and academic distinctions. It ensures that people are equal in respect to their titles and that citizens cannot take foreign titles. 
  • Article 19: Protection of Certain Rights Regarding Freedom of Speech, etc.: For all the residents of India and the union territory, article 19 offers freedom to have speech and expression, freedom to assemble peacefully, to form association or union, to move freely in India, to reside and settle at any part of India, and freedom to practise any profession or job. 
  • Article 20: Protection in Respect of Conviction for Offences:  It bans calling for a second trial for the same case after the defendant has been found either not guilty or his sentence has passed, as well as self-incrimination.
  • Article 21: Protection of Life and Personal Liberty: Article 21 provides a right to life and personal liberty. It embraces several basic rights, which include the right to live with dignity, the ball to privacy, the ball to an impartial trial, and a pollution-free environment. 
  • Article 21A: Right to Education: Article 21A gives every child, from six to fourteen age group, a compulsory and free education as a basic right.
  • Article 22: Protection against Arrest and Detention in Certain Cases:  Article 22 is to protect people against arbitrary detention and seizure. It establishes thus the right to information concerning the reasons for arrest, providing legal assistance and preventing extended detention procedures without judicial review
  • Article 23: Prohibition of Traffic in Human Beings and Forced Labour: Article 23 shall not be applied to trafficking in persons, forced labour or the practice of begging in any form whatsoever. It requires these practices to be crimes resulting in penalties.
  • Article 24: Prohibition of Employment of Children in Factories, etc.: By article 24, the expression of hazardous occupations has been included such as factories, mines, and other hazardous employment.
  • Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion: Article 25 entitles the persons to have direct or implicit belief, thought or way of life, to own and practise their religion as well as to propagate it to others, subject to the restrictions of public order, morality and health. 
  • Article 26: Freedom to Manage Religious Affairs: This article forms the basis for the freedom of denominations to manage their religious affairs.  This includes promoting the founding of institutions that deal with religious and charitable purposes as long as they conform with public morality, health, etc.
  • Article 27: Freedom as to Payment of Taxes for Promotion of Any Particular Religion: Article 27 says no one is supposed to be forced to pay taxes so that the government can advance/promote any religion or denomination of religion
  • Article 28: Freedom from attending religious instruction or worship in certain educational institutions: Article 28 minorities have the right to conserve their distinct language, script, or culture. It prohibits the segregation of minorities in educational institutes based on any injustice.
  • Article 29: Protection of Interests of Minorities: Article 29 minorities have the right of conserving their distinct language, script, or culture. It prohibits segregation of the minorities in educational institutes based on any injustice. 
  • Article 30: Right of Minorities to Establish and Administer Educational Institutions: Article 30 guarantees minorities the right to establish and manage their educational institutes, as well as ensures that they are free from discrimination in matters of admission and government aid.
  • Article 31: Compulsory Acquisition of Property: Article 31, now repealed, protected against compulsory acquisition of property by the state. It ensured fair compensation for property acquired for public purposes.
  • Article 32: Remedies for Enforcement of Rights: Article 32 ensures that every morning, the court is open for violation of fundamental rights by writs that are enforced by the Supreme Court including habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
  • Article 33: Power of Parliament to Modify the Rights Conferred by this Part in their Application to the Armed Forces: Granted by Article 33 Which Implies on Application of Armed Forces and Force Responsible for Maintaining Peace: Such clause enlarges Parliament’s power to modify the rights beyond the armed forces to include those that are fielded to maintain peace. 
  • Article 34: Restriction on Rights Conferred by this Part while Martial Law is in force in any area: Article 34 says the state can be allowed to suspend or limit the effect of Fundamental Rights during the period of martial law in any area within its territory, this provision implies that said period ought not to last for too long.
  • Article 35: Legislation to Give Effect to the Provisions of this Part: According to Article 35 Parliament can adopt legal provisions required for effective implementation of the Part III of the Constitution on Fundamental Rights. 

 

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