Fundamental Rights

Fundamental Rights are the basic freedoms that the Constitution guarantees to every person, so that each can live with dignity. They are called fundamental because they are protected by the highest law of the land and can be enforced by the courts. No government and no ordinary law can take them away. Part III is sometimes called the Magna Carta of India.

The Constitution originally listed seven groups of rights. The right to property was removed from the list by the 44th Amendment in 1978 and is now an ordinary legal right under Article 300A. So there are six Fundamental Rights today.

1. Right to equality (Articles 14 to 18)

• Article 14: everyone is equal before the law and has the equal protection of the laws.
• Article 15: the State shall not discriminate on grounds only of religion, race, caste, sex or place of birth. It may make special provisions for women, children and backward classes.
• Article 16: equal opportunity for all citizens in government jobs, with room for reservation for backward classes.
• Article 17: untouchability is abolished and its practice in any form is a punishable offence.
• Article 18: titles are abolished, except military and academic distinctions.

2. Right to freedom (Articles 19 to 22)

Article 19 gives all citizens six freedoms: of speech and expression; to assemble peacefully without arms; to form associations, unions or co-operative societies; to move freely throughout India; to live and settle in any part of India; and to practise any profession or carry on any trade or business. These freedoms are not unlimited. The State may place reasonable restrictions on them in the interest of matters such as public order, the security of the State and decency.

• Article 20: protection for persons accused of crimes. No one can be punished under a law made after the act, punished twice for the same offence, or forced to be a witness against himself or herself.
• Article 21: no person shall be deprived of life or personal liberty except according to procedure established by law. The courts have read into it many rights, such as the right to live with dignity, to a clean environment, to privacy and to a speedy trial.
• Article 21A: free and compulsory education for all children from six to fourteen years. It was added by the 86th Amendment in 2002.
• Article 22: a person who is arrested must be told the reason, allowed to consult a lawyer and produced before a magistrate within 24 hours.

3. Right against exploitation (Articles 23 and 24)

• Article 23: traffic in human beings, begar and other forms of forced labour are prohibited.
• Article 24: no child below fourteen years shall be employed in a factory, a mine or any other hazardous work.

4. Right to freedom of religion (Articles 25 to 28)

• Article 25: freedom of conscience and the right to profess, practise and propagate any religion, subject to public order, morality and health.
• Article 26: every religious denomination may manage its own religious affairs.
• Article 27: no one can be compelled to pay taxes for the promotion of a particular religion.
• Article 28: no religious instruction in educational institutions wholly maintained out of State funds.

5. Cultural and educational rights (Articles 29 and 30)

• Article 29: any section of citizens with a distinct language, script or culture has the right to conserve it.
• Article 30: religious and linguistic minorities have the right to establish and run educational institutions of their choice.

6. Right to constitutional remedies (Article 32)

A right is of little use if it cannot be enforced. Article 32 gives every person the right to go straight to the Supreme Court if a Fundamental Right is violated. Dr Ambedkar called it the heart and soul of the Constitution. High Courts have a similar power under Article 226. The courts can issue five kinds of orders, called writs:

Points to remember

• Fundamental Rights are mainly protections against the State; Article 12 defines "the State" widely to include governments, legislatures and local and other authorities.
• Under Article 13, any law that takes away or abridges a Fundamental Right is void to that extent.
• Some rights, such as Articles 14, 20, 21 and 25, are available to all persons, including foreigners. Others, such as Articles 15, 16, 19, 29 and 30, are for citizens only.
• Rights are not absolute. They can be restricted on reasonable grounds, and most can be suspended during a national emergency, except Articles 20 and 21.