Indian Polity
Fundamental Rights
Definition
Fundamental Rights are basic human rights enshrined in Part III (Articles 12-35) of the Indian Constitution that are guaranteed to all citizens. These rights are justiciable, meaning they can be enforced through courts, and form the cornerstone of individual liberty and democratic governance in India.
Overview
## Fundamental Rights in Indian Constitution
Fundamental Rights constitute Part III of the Indian Constitution (Articles 12-35) and represent the basic human rights guaranteed to all Indian citizens. Inspired by the US Bill of Rights and the Universal Declaration of Human Rights, these rights were incorporated to ensure individual liberty and dignity in the newly independent nation.
### Categories and Key Provisions
The Constitution originally provided for seven categories of Fundamental Rights, later reduced to six after the Right to Property was removed through the 44th Amendment in 1976. The current six categories include:
1. Right to Equality (Articles 14-18) • includes equality before law, prohibition of discrimination, and abolition of untouchability
2. Right to Freedom (Articles 19-22) • encompasses six freedoms including speech, assembly, movement, and protection against arbitrary arrest
3. Right against Exploitation (Articles 23-24) • prohibits human trafficking, forced labor, and child labor
4. Right to Freedom of Religion (Articles 25-28) • ensures religious freedom while maintaining secular character
5. Cultural and Educational Rights (Articles 29-30) • protects minority interests
6. Right to Constitutional Remedies (Article 32) • empowers citizens to directly approach Supreme Court
### Enforcement and Limitations
Fundamental Rights are justiciable, meaning courts can enforce them through five types of writs. However, they are not absolute and can be reasonably restricted for public welfare. During national emergency, most rights (except Articles 20-21) can be suspended, demonstrating the balance between individual liberty and state security in the constitutional framework.
Fundamental Rights constitute Part III of the Indian Constitution (Articles 12-35) and represent the basic human rights guaranteed to all Indian citizens. Inspired by the US Bill of Rights and the Universal Declaration of Human Rights, these rights were incorporated to ensure individual liberty and dignity in the newly independent nation.
### Categories and Key Provisions
The Constitution originally provided for seven categories of Fundamental Rights, later reduced to six after the Right to Property was removed through the 44th Amendment in 1976. The current six categories include:
1. Right to Equality (Articles 14-18) • includes equality before law, prohibition of discrimination, and abolition of untouchability
2. Right to Freedom (Articles 19-22) • encompasses six freedoms including speech, assembly, movement, and protection against arbitrary arrest
3. Right against Exploitation (Articles 23-24) • prohibits human trafficking, forced labor, and child labor
4. Right to Freedom of Religion (Articles 25-28) • ensures religious freedom while maintaining secular character
5. Cultural and Educational Rights (Articles 29-30) • protects minority interests
6. Right to Constitutional Remedies (Article 32) • empowers citizens to directly approach Supreme Court
### Enforcement and Limitations
Fundamental Rights are justiciable, meaning courts can enforce them through five types of writs. However, they are not absolute and can be reasonably restricted for public welfare. During national emergency, most rights (except Articles 20-21) can be suspended, demonstrating the balance between individual liberty and state security in the constitutional framework.