Fundamental Rights

Right to freedom

The Right to Freedom is one of the Fundamental Rights granted by the Indian Constitution to all its citizens. It is crucial to understand what is entailed and included in these rights. The true essence of democracy lies in the prevalence of these freedoms. Enumerated clearly in Articles 19, 20, 21A, and 22 of the Indian Constitution, it ensures the Indian citizens live a dignified life. The Right to Freedom guarantees freedom of expression and speech, assembly, association, movement, right to liberty and life, right to practice any profession or occupation, protection against detention and arrest in several cases, etc. 

Right to Equality

Every Indian has the right against exploitation as specified in articles 23 and 24 of the Indian Constitution. It shields every Indian citizen against forced labor, regardless of whether proper remuneration is offered or not. It is obligatory on the State to take strict action against the culprits of such crimes. It also falls under their duty to take all possible measures to eliminate such evils from society.

Right to Exploitation

Another significant Fundamental Right guaranteed by the Indian Constitution is the Right to Equality. It professes the abolition of discrimination, including untouchability. It fosters equal treatment of every person before the law and in matters of public employment. The Preamble of the Indian Constitution categorizes the rights to equality under Legal, Economic, Civil, Political, and Social rights The Constitution of India does not discriminate against any of its citizens while grating these rights. No individual is above the law, and everyone is equal irrespective of their religion, caste, race, place of birth, and gender.

Right to freedom of religion

Under Articles 25 and 28, the Indian Constitution guarantees the Right to Freedom of Religion to all its citizens and every possible religious group in India. These rights extend to even the religious subgroups, subject to health, morality, and public order.

  1. The right to establish and run any religious and charitable institutions
  2. The right to manage its respective religious affairs
  3. The right to own both movable and immovable properties
  4. The right to administer, and regulate such property as per the law

Cultural and Educational rights

The Indian Constitution also guarantees Cultural and Educational Rights to all its citizens. These rights aim at protecting the rights of religious, cultural, and linguistic minorities. The Right to Education suggests that education is available to one and all without any discrimination. As the preservation of our culture and heritage if of utmost importance, the Indian Constitution grants these rights to minorities to uphold the diversity of India. These also help in protecting, preserving, and propagating the culture of all groups, including the marginalized ones. This fundamental right favors the composite heterogeneous feature of Indian society and its diversity by preserving the culture of all minority groups. The State shall not restrict anyone from seeking admission in any educational institute regulated by it on any discriminatory ground. This obligation applies to even those educational establishments that receive state grants. The right applies to individuals and not communities.

Right to constitutional remedies

Fundamental Rights are those that guarantee individuals equality in all spheres of life regardless of color, caste, race, religion, gender, or place of birth. On violating these fundamental rights, one will be subjected to pre-determined punishments upon the discretion of the Judiciary. The third part of the Indian Constitution deals with exercising legal remedies to protect the fundamental rights upon their violation by any individual, institution, or the Sate. It also permits any Indian citizen to approach the Supreme Court or High Court to administer these rights. The State has no right to make and pass any such law that may be hostile to the fundamental rights.

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