Fundamental rights are those rights which are essential for the mental, physical, psychological, social, economic and intellectual growth of the citizens of the country. Without these basic rights we cannot think of liberty. Keeping this in view, framers of the Constitution drew a wide plan and gave us these fundamental rights. These rights ensure protection of individual against arbitrary rule of individual and organization. They cannot be suspended or abridged except in manner laid down in the Constitution itself. There may be restriction by the President in the period of national emergency. The original Constitution classified the Fundamental Rights into 7 groups. Later in by the 44th Amendment Act, 1978, right to property was repealed. Part III of the Indian Constitution deals with the Fundamental rights.
- Right to Equality
This fundamental right is dealt in Articles 14 to 18. Under this, there will be no discrimination on the ground of sex, religion, caster, race, place of birth, etc. Practice of untouchability may liable to legal action. There will be equality of opportunity in matter of public employment.
- Right to Freedom
Right to freedom is described in Articles 19 to 22. This is key fundamental right as it provides six kinds of following freedoms:
Freedom of speech and expression;
Freedom to form union 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.
- Right against Exploitation
Right against Exploitation deals is described in the articles 23-24. This right prohibits any sorts of exploitation it also bans on human trafficking and child labour and forced labour.
- 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 on one’s choice or like. The state shall not compel any citizen to pay any tax for the promotion of any particular religion or religious institution.
- Cultural and Educational Rights
Articles 29-30 deals with cultural and educational rights. This right provides the citizens to conserve their own language and culture. These rights are an essential component of fundamental rights, ensuring that every individual has the freedom to preserve, develop, and promote their own 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.
- Right to Property
The right to property was detached from the list of fundamental right by the Forty-fourth Constitutional Amendment Act, 1978. This right was reduced to legal right rather than fundamental right by the amendment.
- Right to Constitutional Remedies
Articles 32 to 35 deal with this fundamental right. Right to Constitutional Remedies empower the citizens to directly approach to the Supreme Court if his or her aforesaid rights are violated. As a matter of fact, the right to constitutional remedies is not a right in itself but a safeguard for other fundamental rights. Under this, a person can take refuge in the court in case of violation of fundamental rights. The founding father of the Indian Constitution, Dr. Ambedkar described Article 32 as the most important article of the constitution. He was of the view 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 not other rights