Q6
10 Marks
Part B (Q6): Write a note on Fundamental Rights.
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.
Key Characteristics:
- Justiciable: Unlike the Directive Principles of State Policy, Fundamental Rights are legally enforceable. 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.
- Not Absolute: They are subject to "reasonable restrictions" imposed by the state in the interest of national security, public order, decency, or morality. For example, freedom of speech does not give one the right to incite a riot.
- Protection against the State: They are primarily a shield for the individual against the arbitrary or dictatorial actions of the State (the government and its agencies).
The Six Fundamental Rights:
- Right to Equality (Art. 14-18): Guarantees equality before the law, prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, ensures equality of opportunity in public employment, and abolishes "Untouchability."
- Right to Freedom (Art. 19-22): Provides six vital freedoms, including freedom of speech and expression, peaceful assembly, forming associations, free movement, residence, and practicing any 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 years of age in hazardous jobs or factories.
- Right to Freedom of Religion (Art. 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.
- Cultural and Educational Rights (Art. 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 and administer their own educational institutions.
- Right to Constitutional Remedies (Art. 32): Called the "heart and soul of the Constitution" by Dr. B.R. Ambedkar, it empowers citizens to move the Supreme Court to issue writs (like Habeas Corpus or Mandamus) to enforce any of the above rights.