Fundamental Rights (Part 2) – What are Fundamental Rights?

Fundamental Rights – Part 2

What are Fundamental Rights?

Fundamental rights are basic human rights guaranteed by the Indian Constitution to ensure equality, liberty, dignity and justice to all the citizens of India. 

Provision in Constitution of India

Part III

From Article 12-35

Borrowed from USA

They are enshrined in Part III (Article 12-35) of the Indian Constitution

Key facts of Fundamental Rights: –

• These are justiciable (enforceable by the court)
• All Fundamental Rights can be suspended during Emergency with limits except Article 20 and 21.
• Article 12 – Available against the state.
• Some rights available to all persons, others only to citizens
• Note

(Articles 15, 16, 19, 29, 30 only to citizens)

(Articles 14, 20, 21, 21 A, 22, 23, 24, 25, 26, 27. 28 and 32 are available to all persons).

• Not absolute – some Fundamental Rights are subject to reasonable restriction
• Article 358: Article 19 suspended during National Emergency
• Article 359: other rights may be suspended except articles 20 and 21

Fundamental Rights in Indian Constitution

             Before 1978 there were 7 Fundamental Rights

            After 44^th Constitutional Amendment Act 1978 there are 6 Fundamental Rights

1. Right to Equality (Article 14 – 18) Click 
2. Right to Freedom (Article 19-22) Click 
3. Right Against Exploitation (Article 23-24) Click 
4. Right to Freedom of Religion (Article 25-28) Click 
5. Cultural and Educational Rights (Article 29-30) Click 
6. Right to Constitutional Remedies (Article 32) Click 

 

Click for Fundamental Rights (Part 1) – What are Rights?

Click For Fundamental Rights (Part 3) – Article 12