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Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights are conferred upon the citizens of India for the Constitution tells that these rights are inviolable. Right to Life, Right to Dignity, Right to Education etc. all come under one of the six main fundamental rights.
Fundamental rights are a very important topic in the polity section of the UPSC exam. It is a basic static portion of the syllabus but it is highly dynamic in the sense that it is featured in the daily news in some form or the other. Hence, it is highly important for the IAS exam.
In this article, you can read all about 6 fundamental rights of India:
Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
There are six fundamental rights of Indian Constitution along with the constitutional articles related to them are mentioned below:
There was one more fundamental right in the Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people.
Note: The right to property is now a legal right and not a fundamental right.
Under this section, we list the fundamental rights in India and briefly describe each of them.
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.
Aspirants can read more about Right to Equality in the linked article.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
Read more on the Right to Freedom in the linked article.
Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.
Aspirants can find the details on Right to Life (Article 21), in the linked article.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.
Read more on the Right against Exploitation in the linked article.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.
Read more on the Right to Freedom of Religion in the linked article.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.
Read more on Cultural and Educational Rights in the linked article.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.
Read more on Right to Constitutional Remedies (Article 32) in the linked article.
All civil services exam aspirants must go through the features of the Fundamental Rights discussed further below in this article.
Also, in the news:
The following is the list of fundamental rights that are available only to citizens (and not to foreigners):
The Fundamental Duties were added in 1976, upon recommendation of the Swaran Singh Committee, that was constituted by Indira Gandhi just after the declaration of national emergency, to study and amend the constitution.
This committee was under the Chairmanship of Sardar Swaran Singh, India's longest-serving union cabinet minister. Based on his recommendations, the government incorporated several changes to the Constitution including the Preamble, through the 42nd Amendment, which included the fundamental duties under the Indian Constitution.
However, by the 86th Amendment in 2002, the original 10 duties were then increased to 11, under Article 51A, Part IV-A of the Constitution of India. The 10 fundamental duties are as follows:To oblige with the Indian Constitution and respect the National Anthem and Flag