AIBE–Constitutional Law–Key Concepts–Fundamental Rights

1. FUNDAMENTAL RIGHTS (Part III, Articles 12–35)

Fundamental Rights are essential for the development and protection of individuals in a democratic society. They are enforceable by the courts and safeguard the liberties of Indian citizens.

The main categories of Fundamental Rights include:

1. Right to Equality (Articles 14–18):

• Article 14 guarantees equality before the law and equal protection of the laws.
• Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 16 provides for equality of opportunity in matters of public employment.
• Article 17 abolishes untouchability.
• Article 18 abolishes titles except for military and academic distinctions.

2. Right to Freedom (Articles 19–22):

• Article 19 guarantees six freedoms, including freedom of speech and expression, assembly, association, movement, residence, and the right to practice any profession.
• Article 20 protects individuals in respect of conviction for offenses.
• Article 21 guarantees protection of life and personal liberty.
• Article 21A ensures the right to education.
• Article 22 provides protection against arbitrary arrest and detention.

3. Right against Exploitation (Articles 23–24):

• Article 23 prohibits human trafficking and forced labor.
• Article 24 prohibits the employment of children under 14 years in hazardous industries.

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

• Article 25 guarantees freedom of conscience and the right to practice, profess, and propagate religion.
• Article 26 allows religious denominations to manage their own affairs.
• Articles 27 and 28 ensure the secular nature of the state, prohibiting taxation for religious purposes and ensuring freedom in religious instruction.

5. Cultural and Educational Rights (Articles 29–30):

• Article 29 protects the interests of minorities in preserving their culture, language, and script.
• Article 30 allows minorities to establish and administer educational institutions.

6. Right to Constitutional Remedies (Article 32):

• Described as the “heart and soul” of the Constitution by Dr. B.R. Ambedkar, Article 32 empowers citizens to approach the Supreme Court for the enforcement of Fundamental Rights. The courts can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto.

Key Terms

• Equality Before Law: Equal treatment of all persons in similar conditions.
• Prohibition of Discrimination: Banning discrimination based on religion, race, caste, sex, or place of birth.
• Freedom of Speech: The right to express opinions without censorship.
• Writs: Legal orders issued by courts (habeas corpus, mandamus, etc.).
• Right to Life and Liberty: Protection from unlawful deprivation of life or personal liberty.
• Right to Constitutional Remedies: Right to approach courts to enforce Fundamental Rights.

Review Questions

1. What is the significance of Article 32 in the Indian Constitution?
2. List the six freedoms guaranteed under Article 19.
3. How does Article 21 guarantee the right to life and personal liberty?
4. What are the different types of writs issued by Indian courts?