Q5
10 Marks
Part B (Q5): Write a note on Fundamental Rights in 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 essential for the survival, dignity, and holistic development of an individual.
Key Characteristics:
- Justiciable: Unlike Directive Principles, they are legally enforceable. Citizens can directly approach the Supreme Court (Art 32) or High Courts (Art 226) if these rights are violated by the State.
- Not Absolute: They are subject to "reasonable restrictions" (e.g., freedom of speech cannot be used to incite violence).
- Protection against the State: They are primarily a shield for the individual against arbitrary state action.
The Six Fundamental Rights:
- Right to Equality (Art. 14-18): Guarantees equality before the law, prohibits discrimination (religion, race, caste, sex), ensures equal opportunity in public employment, and abolishes "Untouchability."
- Right to Freedom (Art. 19-22): Provides six freedoms (speech, assembly, association, movement, residence, profession). It also protects life and personal liberty (Art. 21) and offers protection against arbitrary arrest.
- Right against Exploitation (Art. 23-24): Prohibits human trafficking, forced labor (begar), and the employment of children under 14 in hazardous jobs.
- Right to Freedom of Religion (Art. 25-28): Secures India's secular nature, giving everyone the right to freely profess, practice, and propagate any religion.
- Cultural and Educational Rights (Art. 29-30): Protects the rights of minorities to conserve their culture and establish their own educational institutions.
- Right to Constitutional Remedies (Art. 32): Empowers citizens to move the Supreme Court to issue writs (like Habeas Corpus) to enforce the above rights.