Fundamental rights are the basic human rights guaranteed to individuals. It is given under part III of the constitution of India, Article 12 to 35 deals with Fundamental Rights. Fundamental rights are enforceable in nature and justifiable rights. If anyone infringes the fundamental rights of an individual they can directly approach to supreme court o high court for the violation.
Fundamental rights मौलिक https://futuredrishti.net/fundamental-right-in-hindiअधिकार
In simple terms, every individual is born with some basic rights and these rights are enshrined in the constitution as it protects the personal dignity of an individual and protects them from indiscrimination on any basis be it caste, sex, creed etc.
Features Of Fundamental Rights
- Protected by the constitution- As it is guaranteed under part III of the constitution. They are protected, unlike the ordinary legal right by the constitution of India. There are some of the rights available to the non-citizens also like foreign citizens.
- Justifiable- They are justiciable in nature and they allow the person to approach the court in case of violation of any rights. As legal remedies are available under the constitution of India.
- Not permanent or sacrosanct- They can be amended or repealed by the constitutional amendment procedure. Also, they are not absolute in nature some of the reasonable restrictions is attached to the rights for the security of the public, sovereignty etc
- Suspension of rights- The rights can be suspended at the time of emergency only article 20,21 cannot be curtailed or taken away at any point in time.
- Universal- The fundamental rights are universal in nature it is equal for all irrespective of any kind of discrimination based on caste, sex etc.,
Essential fundamental rights
Earlier at the time of incorporation of constitution, there were 7 fundamental rights that were taken from Constitution of USA. As our constitution of India is regarded as bags of borrowings because most of the things are borrowed from the other constitution. But after the amendment tight to property was been abolished as given under article 21 now it has been under article 300 A by the 44th amendment. Now after the repealed article, we have 6 fundamental rights in the picture. That will be discussed in this article below.
Article 14-18 (Right to equality)
It’s a very important right as the government will treat everyone in the same circumstances alike. The state will not discriminate against any citizen undercast, religion, gender etc…
Article 19-22 (Right to freedom)
Every citizen of India has the right to freedom of opinion and expression without any obstacles. It gives people a life of grace among other things.
Article 23 and 24(Right against exploitation)
This is important to protect children from child labour. As many people appointed child for small works in their factories, miles etc.. which is illegal.
Article 25 (Right to freedom of religion)
It provides people with the right to freedom of conscience and the right to practice, freely preface and propagate religion. It means that every individual has the right to be of any religion of their choice.
Article 29 and 30 ( Cultural and educational right)
It provides economic, social and cultural right as people have the right to work, the right to an adequate standard of living, the right to physical and mental health, and social security. Everyone has education rights.
Article 32 ( Right to constitutional remedies)
With this right, any individual can go to the supreme court to seek justice if he feels that his right has been unduly deprived. This also called as ‘ heart and soul of the constitution.
Fundamental rights are made for all citizens and we should follow them and take their advantage when we need them but not only for ourselves we make sure that if anyone doesn’t know about their right so we should help them. We should believe that freedom, the right to choose, the right to vote, respect, and justice is the fundamental rights of all people, all people must obtain these rights. Fundamental rights play an important role as they are essential for the fulfilment of the full moral, spiritual, intellectual status of the individual. The main motive to establish these laws to preserve individuals liberty, maintain equitable society and establish a welfare state.