ICP/K S DEVI

FUNDAMENTAL RIGHTS

Those rights that are guaranteed and protected by constitution are called
Fundamental Rights. The constitution of India grants six types of Fundamental Rights to
the Indian citizens. These are contained in Part III of the Constitution. These rights are
justiciable and enforceable through courts. The government can change them only through
Constitutional Amendment. These rights are not absolute and the government is authorised
to impose reasonable restrictions on them. But whether these restrictions are reasonable or
not, is decided by the courts.
 Right to Equality (Arts. 14-18)
Every citizen is assured equality before law and equal protection of law. No
discrimination can be made on grounds of religion, caste, race, sex or place of birth. In
matters of public employment also, all citizens are assured equality of opportunity.
However, this does not prevent the State from making special provisions for women,
children and backward classes.
 Right to Freedom (Arts. 19-22)
This right guarantees to citizens six fundamental freedoms- freedom of speech and
expression; freedom of assembly; freedom to form associations; freedom of movement;
freedom to reside and settle in any part of the country; and freedom of profession,
occupation, trade and business. The original Constitution also guaranteed freedom of
acquiring, holding and disposing of property, but this was dropped by the 44th Amendment.
It may be noted that the right to freedom is not an absolute right, and reasonable
restrictions can be imposed on its enjoyment in the interest of the sovereignty and integrity
of the country, security of the State, friendly relations with foreign states, public order,
decency and morality, or in relation to contempt of court, defamation or incitement to an
offence.
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 Right against Exploitation (Arts. 23-24)

This right seeks to protect the weaker sections against exploitation by unscrupulous
persons or even the State. It prohibits a person to work without wages or adequate
compensation, and imposes restrictions on the employment of children below the age of 14
years in factories, mines and other hazardous jobs.
 Right to Freedom of Religion (Arts. 25-28)
Every citizen is free to profess, practice and propagate any religion. Every religious
denomination has the right to establish and maintain institutions for religious and charitable
purposes. The State can neither patronise any particular religion nor ask any citizen to pay
taxes for the promotion of any religion. No religious instructions can be imparted in
educational institutions maintained by the State or receiving aid from it. The right to
freedom of religion is not absolute and can be restricted on grounds of public order,
morality and health.
 Cultural and Educational Rights (Arts. 29-30)
The Constitution permits the minorities to conserve their language, script and culture,
and establish and administer educational institutions for the purpose. The state does not
discriminate in providing aid to educational institutions of grounds of religion or language.
 Right to Constitutional Remedies (Arts. 32)
This right has been described as the ‘heart and soul of the Constitution’. Both the
Supreme Court and the High Courts are empowered to issue writs of habeas corpus,
mandamus, prohibition, quo-warranto and certiorari.
Suspension of Fundamental Rights
When the President makes a proclamation of emergency under Article 352, the six
freedoms guaranteed under Article 19 are automatically suspended. The President can
suspend other Fundamental Rights through specific orders. These orders must be approved
by the Parliament. But he cannot suspend the freedoms under Articles 20 and 21 under any
circumstances.
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Nature of Fundamental Rights

The Fundamental Rights granted by the Constitution have special features which
differentiate them from the rights granted by ordinary law. The Fundamental Rights are
available only against the State and not against private parties or individuals. Certain
Fundamental Rights granted by the Constitution are not available to certain sections of
population, viz., armed forces and police. They are not permitted to make use of their
political rights.
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