All Papers/Social Justice, Human Rights and Social Welfare in India (2022-23)/Q6
Q6
10 Marks

Part B (Q6): Highlight various Fundamental Rights enshrined in the Constitution of India.

Expert Answer

Fundamental Rights are the basic human rights enshrined in Part III (Articles 12 to 35) of the Constitution of India. They are guaranteed to all citizens without discrimination and are considered "fundamental" because they are essential for the survival, dignity, and holistic development of an individual.

Unlike the Directive Principles of State Policy, Fundamental Rights are justiciable—meaning if the state violates an individual's fundamental right, they can directly approach the Supreme Court (under Article 32) or High Courts (Article 226) for immediate redressal.

The Six Fundamental Rights:

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

    • Guarantees equality before the law and equal protection of laws.
    • Prohibits discrimination by the State on grounds of religion, race, caste, sex, or place of birth.
    • Ensures equality of opportunity in public employment.
    • Abolishes "Untouchability" (Art 17) and titles.

  2. Right to Freedom (Articles 19-22):

    • Provides six vital democratic freedoms: speech and expression, peaceful assembly, forming associations, free movement, residence, and practicing any profession.
    • Protects life and personal liberty (Art 21 - no one can be deprived of it except according to procedure established by law). Note: The Right to Education (Art 21A) was added later.
    • Offers protection against arbitrary arrest and preventive detention.

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

    • Prohibits human trafficking, forced labor (begar), and other similar forms of forced labor.
    • Prohibits the employment of children below the age of 14 years in factories, mines, or any hazardous employment.

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

    • Secures the secular nature of India by giving every person the right to freely profess, practice, and propagate any religion of their choice.

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

    • Protects the rights of religious and linguistic minorities to conserve their distinct culture, language, and script, and gives them the right to establish their own educational institutions.

  6. Right to Constitutional Remedies (Article 32):

    • Empowers citizens to move the Supreme Court to issue writs (Habeas Corpus, Mandamus, etc.) to enforce these rights.