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India, as a democratic republic, is founded on the premise that all citizens are equal before the law and have certain fundamental rights that cannot be taken away. These freedoms and guarantees are established in the Indian Constitution, the country’s ultimate legal constitution. The Fundamental Rights, which guarantee vital civil liberties and protections to all Indian citizens, are one of the most important provisions in the Indian Constitution. These rights are not merely theoretical; they are legally enforceable, allowing individuals to seek legal remedies if their rights are violated. But what are these rights, and why are they important to all Indian citizens?
This article will go into the Fundamental Rights guaranteed to Indian citizens, dissecting their significance, categorising them, and explaining why they are critical for protecting personal liberties, justice, and equality in India.
The Fundamental Rights are part of Part III of the Indian Constitution (Articles 12–35) and were inspired by the Universal Declaration of Human Rights, with the goal of ensuring that every individual has access to basic human freedoms regardless of gender, caste, religion, or ethnicity. These rights are necessary for the operation of a democracy and act as a safeguard against any potential abuse of power by the state.
This is one of the most important rights, ensuring equality before the law. It assures that all citizens are treated equally and forbids discrimination based on religion, race, caste, gender, or place of birth. The right also abolishes untouchability and noble titles.
Article 14: Ensures equality before the law and equal protection under the law.
Article 15: Discrimination is prohibited on the basis of religion, race, caste, gender, or place of birth.
Article 16: Provides equitable possibilities for work under the state.
Article 17: Untouchability is abolished and forbidden in all forms.
Article 18: Titles are abolished, except for military and academic differences.
These rights guarantee a set of freedoms that enable people to live their lives with liberty and dignity. They include the freedoms of expression, assembly, association, mobility, and residency, among others.
Article 19: Ensures six freedoms: speech, assembly, association, mobility, dwelling, and the right to practise any profession or occupation.
Article 20: Individuals are protected from arbitrary arrest and detention, and no one may be punished twice for the same offence (double jeopardy).
Article 21: Guarantees the protection of life and personal freedoms. It is one of the most vital rights, construed broadly by the Supreme Court to include the right to life with dignity, the right to an education, the right to clean air, and others.
Article 22: In some circumstances, there are safeguards against wrongful arrest and detention.
These rights seek to protect persons from exploitation, prohibiting forced labour, human trafficking, and child labour.
Article 23: Prohibits human trafficking and forced labour, guaranteeing that no one is exploited.
Article 24: Child labour is prohibited in factories, mines, and any other hazardous occupation.
This provides everyone the right to practise, profess, and spread their faith. The state also protects the Indian Constitution’s secular aspect, which means that no faith is favoured over another.
Article 25: Allows for freedom of conscience and the ability to freely proclaim, practise, and promote religion.
Article 26: Allows religious denominations to form and sustain institutions.
Article 27: Prevents the state from forcing people to pay taxes to promote a specific faith.
Article 28: Religious instruction is prohibited in several educational institutions.
These rights defend minorities’ cultural and educational interests, allowing them to maintain their own language, culture, and script.
Article 29: Protects minorities’ interests in their language and culture.
Article 30: Allows minorities to form and manage educational institutions.
This is the most important of all fundamental rights. It allows citizens to directly contact the Supreme Court if their fundamental rights are violated. Dr. B.R. Ambedkar called this the “heart and soul” of the Indian Constitution because it allows people to seek justice if their rights are violated.
The Fundamental Rights enshrined in the Indian Constitution form the foundation of India’s democratic system. They ensure that the government is accountable and cannot violate its citizens’ fundamental liberties. They also provide individuals with the resources they need to defend themselves in court if their rights are violated, ensuring that justice is available to all.
Without these rights, citizens would be susceptible to the state’s exploitation, tyranny, and arbitrary actions. The ability to petition the Supreme Court (Article 32) ensures that the judiciary remains an independent and powerful check on the legislative and executive institutions.
Furthermore, these rights are critical for the survival of a diverse society like India. They promote a culture of variety and tolerance, which is critical to India’s national character, by ensuring the right to practise one’s faith, freely express oneself, and form associations.
The Fundamental Rights in the Indian Constitution provide a strong safeguard for liberty, equality, and dignity. These rights are more than simply privileges; they are fundamental protections that assure justice, equality, and fairness for all citizens, supporting India’s democratic values.
Through his legal insights, author Adv. Abdul Mulla emphasises the significance of understanding and preserving these rights. His platforms, www.lifeandlaw.in and www.asmlegalservices.in, aims to provide essential legal tools and information to help citizens understand their fundamental rights and obligations in a democratic society.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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