Fundamental Rights of Indian Constitution, List & other Details

Fundamental Rights are discussed in Articles 12 to 35 of the Indian Constitution, form the foundation of India’s democratic structure. These Fundamental Rights ensure essential freedoms and protect individuals from arbitrary state action. There are six fundamental rights, including the Right to Life, Right to Dignity, and Right to Education, which safeguard the dignity and liberty of every citizen. Recognized as a crucial part of the Constitution, Part III of the Indian Constitution is often referred to as the “Magna Carta of India” due to its role in upholding justice, equality, and personal freedoms.

Fundamental Rights

The Fundamental Rights of Indian Constitution are applied to all individuals, ensuring equality and protection without discrimination. These rights were introduced to ensure equality, freedom, and protection for all individuals, regardless of background and preventing any misuse of power by the state. The Fundamental Rights ensures that the country is governed by laws, not by individuals, protecting citizens from arbitrary actions by the authorities.

Fundamental Rights of Indian Constitution

Initially, The Indian Constitution includes 7 Fundamental Rights. The Right to Property was originally a Fundamental Right, but was removed by the 44th Constitutional Amendment Act of 1978. It is now classified as a legal right under Article 300-A in Part XII of the Constitution.

1. Right to Equality (Articles 14–18): Ensures equal treatment before the law and prohibits discrimination.
2. Right to Freedom (Articles 19–22): Grants freedoms such as speech, expression, and movement while protecting individuals’ rights in legal matters.
3. Right Against Exploitation (Articles 23–24): Prohibits human trafficking, forced labor, and child labor.
4. Right to Freedom of Religion (Articles 25–28): Guarantees the freedom to practice, profess, and propagate any religion.
5. Cultural and Educational Rights (Articles 29–30): Protects the cultural and educational rights of minorities.
6. Right to Constitutional Remedies (Articles 32–35): Empowers citizens to seek enforcement of Fundamental Rights through the Supreme Court and High Courts.

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List of Fundamental Rights of Indian Constitution

The Fundamental Rights of India are discussed in Part III of the Constitution (Articles 12 to 35). These rights serve as essential safeguards, ensuring the protection of individuals from any unjust actions by the state.

Fundamental Rights in India

The Indian Constitution grants its citizens 6 Fundamental Rights, ensuring justice, equality, and freedom in various aspects of life. Below is a detailed breakdown of these rights:

Right to Equality (Articles 14–18)

1. Right to Equality guarantees that all individuals are treated equally under the law and enjoy equal protection. 
2. It prohibits discrimination based on religion, race, caste, sex, or place of birth. 
3. It ensures equal opportunities in public employment, abolishes untouchability, and prohibits the use of titles except for military and academic distinctions.

Right to Freedom (Articles 19–22)

Right to Freedom includes safeguards against arbitrary punishment and unlawful detention. The State is also responsible for providing free and compulsory education to children aged 6 to 14 years. The Right to Freedom includes six essential freedoms for Indian citizens:

1. Freedom of speech and expression
2. Freedom to assemble peacefully
3. Freedom to form associations or unions
4. Freedom to move freely within India
5. Freedom to reside and settle anywhere in the country
6. Freedom to practice any profession or business

Right Against Exploitation (Articles 23–24)

Right Against Exploitation protects individuals from forced labor, human trafficking, and child labor. It strictly prohibits children under 14 years of age from working in hazardous industries, such as factories and mines.

Right to Freedom of Religion (Articles 25–28)

Every individual in India has the freedom to practice, profess, and propagate any religion of their choice. Religious groups also have the right to:

1. Establish and manage religious institutions
2. Handle their religious affairs independently
3. Own and manage property for religious purposes
4. Be exempt from paying taxes specifically for religious promotion

Cultural and Educational Rights (Articles 29–30)

Cultural and Educational Rights safeguard the cultural, linguistic, and educational interests of minorities. They ensure:

1. The right to preserve one’s language, culture, and heritage
2. Equal access to educational institutions without discrimination
3. The right of minorities to establish and administer their own educational institutions

Right to Constitutional Remedies (Articles 32–35)

Right to Constitutional Remedies is called the “Heart and Soul of the Constitution” as it empowers citizens to approach the courts if their fundamental rights are violated. Under this, the Supreme Court (Article 32) and High Courts (Article 226) can issue five types of writs to protect rights:

1. Habeas Corpus – To prevent unlawful detention.
2. Mandamus – To compel a public official to perform their duty.
3. Prohibition – To stop lower courts from exceeding their jurisdiction.
4. Certiorari – To quash an illegal order or decision of a lower court.
5. Quo Warranto – To challenge a person’s authority in holding a public office.

Fundamental Rights for Indian Citizens and Not for Foreigners

Apart from Fundamental Rights, the Indian Constitution provides certain rights that are applicable only for Indian citizens and not for foreigners which includes the below mentioned rights.

Fundamental Rights for both Indian Citizens and Foreigners

Apart from Fundamental Rights, the Indian Constitution includes certain rights that are applicable to both Indian citizens and foreigners (except enemy aliens). These rights ensure legal protection, equality, and access to justice for everyone residing in India.