Fundamental rights are essential for the mental, physical, psychological, social, economic, and intellectual growth of all the people of the country. Without these basic rights, we cannot think of liberty. Keeping this in view, the framers of the Constitution drew a wide plan and gave us these fundamental rights. These rights ensure the protection of individuals against arbitrary rules of government. They cannot be suspended or abridged except in the manner laid down in the Constitution itself. There may be restrictions by the President at the time of national emergency. The original Constitution classified the Fundamental Rights into 7 groups. Later by the 44th Amendment Act, 1978, the property right was repealed. Part III of the Indian Constitution deals with the Fundamental rights.
1.Right to Equality
This fundamental right is dealt with in Articles 14 to 18. Under this, there will be no discrimination based on sex, religion, caste, race, place of birth, etc. The practice of untouchability may be liable to legal action. There will be equality of opportunity in matters of public employment.
2. Right to Freedom
The right to freedom is described in Articles 19 to 22. This is a key fundamental right as it provides six kinds of freedoms:
Freedom of speech and expression;
Freedom to form unions and associations;
Freedom to move throughout the country;
Freedom to assemble freely and peacefully;
Freedom of adopting any profession;
Freedom to reside in any part of the country.
3.Right against Exploitation
Right against Exploitation deals is described in the articles 23-24. This right prohibits all types of exploitation it also bans human trafficking, child labor, and forced labor.
4. Right to freedom of religion
This fundamental right is presented in articles 25 to 28. It gives the right to profess, practice, and propagate any religion of one’s liking. The state shall not compel the citizens to pay any tax for promoting any particular religion or religious institution.
5.Cultural and Educational Rights
Articles 29-30 deal with cultural and educational rights. This right provides citizens to conserve their language and culture. These rights carry the essence of fundamental rights, ensuring that every individual has the freedom to preserve, develop, and promote their culture, language, and education. These rights recognize the significance of cultural diversity and the importance of education in fostering personal growth, social cohesion, and nation-building. These rights guarantee the freedom of individuals and communities to practice, protect, and promote their cultural traditions, customs, languages, and heritage.
Educational rights ensure equitable and inclusive access to quality education for all individuals, irrespective of their background, gender, race, or socioeconomic status. These rights encompass the right to free and compulsory primary education, the availability of secondary and higher education opportunities, and access to vocational and technical training. They aim to eliminate disparities in educational opportunities and empower individuals to realize their full potential.
6. Right to Property
The right to property was detached from the list of fundamentals in 1978. This right became a legal right rather than a fundamental right by this amendment.
7. Right to Constitutional Remedies
Articles 32 to 35 deal with this fundamental right. Right to Constitutional Remedies empowers citizens to approach the Supreme Court if their rights are violated. The right to constitutional remedies is not a right but a safeguard for other fundamental rights. Under this, a person can take refuge in the court in case of violation of his fundamental right. The father of the Indian Constitution, Dr. Ambedkar described Article 32 as one of the most important articles in our constitution. He considered that it was an article without which the constitution is meaningless, it is the soul and heart of the constitution. Under this, only fundamental rights are guaranteed, and no other rights.