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Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions. Why are they called Fundamental Rights?
- There were 7 fundamental rights in the Constitution. Currently, there are only six as the ‘Right to Property’ was removed as a fundamental right. I...
- There are 11 fundamental duties. They are described in the article linked below: For more details on Fundamental Duties , visit the linked article.
- Article 51A gives the list of fundamental duties prescribed for every Indian citizen.
- The Right to Constitutional Remedies is considered to be the most important fundamental right because it ensures the protection of our fundamental...
- The first case where traces of the origin of this doctrine can be found is Keshava Madhavan Menon v State of Bombay. In this case, the appellant ha...
The Fundamental Rights in India enshrined in part III (Article 12–35) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. [1]
Feb 13, 2024 · Fundamental Rights refer to a set of essential liberties and entitlements guaranteed to every citizen by the constitution of a country. These rights serve as the bedrock of individual freedom, protecting citizens from arbitrary state actions and ensuring basic human rights and freedoms.
- Introduction
- Origin and Development of The Concept of Fundamental Rights
- What Are The Features of Fundamental Rights?
- What Are The Various Laws That Are Inconsistent with The Fundamental Rights?
- What Are The Fundamental Rights Defined Under The Constitution of India?
- What Are The Writs Available Under Article 32 and 226?
- What Are The Exceptions to Fundamental Rights?
- Significance of Fundamental Rights
- Conclusion
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Fundamental rights are enshrined under part III of the Indian Constitution which was adopted on 26th November 1949 but was put on use on 26th January 1950. These Fundamental rights guarantee that every citizen of this nation can live a life of peace and harmony throughout the territory of India and these rights were included in the constitution bec...
The Fundamental rights are considered to be an important part, if not, the most important part of the Constitution of India.fThese rights have originated from France’s Declaration of Bill of Rights of Man, England’s Bill of Rights, Development of the Irish Constitution, as well as, United States of America’s Bill of Rights. Originally the constitut...
The fundamental rights guaranteed by the constitution of India have certain features that establish their uniqueness, these are: 1. Some of the Fundamental rights are available only to the citizens of India while some are available to everyone such as Indian citizens, foreign citizens, or even companies and corporations. 2. The state can impose rea...
It is defined under Article 13of the Constitution of India that all laws which are inconsistent with any of the fundamental rights enshrined under part III shall be void. Supreme Court and the High...Article 13 also declares that a constitutional amendment is not a law and it cannot be challenged in the courts, but it was established during the case of Kesavananda Bharti v. State of Keralathat...Right to Equality
1. Article 14of the Constitution of India declares that the state will not deny anybody equality before the law or equal protection of the laws within the territory of India. This right is conferred on everyone including foreigners and even legal persons, such as a corporation or a company. 2. This concept of ‘equality before the law’ is of British origin while the concept of ‘equal protection of laws’ is of American origin (it has been taken from the American Constitution). 3. Article 15of t...
Right to Freedom
1. Article 19 of the Constitution of India guarantees six rights to all the Indian citizens, these rights defined under this Article are:
Right against exploitation
1. The trafficking of human beings, forced labour and any other similar forms of forced labour are prohibited by Article 23of the Constitution of India which declares these as punishable offences and this right is available to both, the citizens of India as well as, citizens of foreign nations who are in India. 2. Article 24of the Constitution of India forbids the employment of minor/children below the age of 14 years of age in any factory, mine, or any other hazardous activities such as cons...
The Supreme Court and the High Courts can issue certain writs for the enforcement of an individual’s legal rights, these are defined under Article 32 in case of the Supreme Court of India and under...
Saving of Laws that provide for Acquisition of Estates
Under Article 31Aof the Constitution of India, Five categories of laws have been defined from being challenged on the grounds of violation of Fundamental rights granted by Article 14 and 19 of the Constitution. These categories are related to 1. Acquisition of estates and the rights related to it by the State. 2. An amalgamation of various corporations. 3. Modification of mining leases or even Extinguishment. 4. Taking over the management of properties by the State. 5. Modification of the rig...
Saving of laws that give effect to some Directive Principles
Under Article 31C(which was Inserted by the 25th Amendment Act of 1971), are contained two provisions, these are: 1. It states that if there is a law which seeks to implement the socialistic directive principles defined underArticle 39(b) or 39(c) then it shall not be declared void on the grounds of the violation of the fundamental rights defined under the Article 14 and Article 19of the Constitution of India. 2. And, if there’s a law which contains a declaration for giving effect to such a p...
Validation of Some Acts and Regulations
1. Under Article 31B of the Constitution of India, the Acts and the Regulations which are included in the Ninth Schedule are protected from being challenged on the grounds of violation of Fundamental right. Article 31B immunises any law which is included in the Ninth Schedule from all the Fundamental rights and it does not matter if any of the laws included in the Ninth Schedule falls under any of the five categories which are defined under Article 31A.
They form a defensive wall of individual liberty.They protect the interest of minorities.They ensure the dignity and respect of individuals.They constitute the basis of the democratic system in the country.The fundamental rights have been included in the Constitution because they were considered to be essential for the development of the personality of each and every individual and are there to prese...One of the most important aspects of the fundamental rights is that it gives Judiciary clear criteria as to how the regulation of relations between the citizens and the government will take place.Because of the existence of these rights and their enforceability in the court people can freely enjoy their life and personal liberty, they can move from one part of the country to another, they c...Another positive aspect of the Fundamental rights is that these empower the young children of our nation as they are granted the right to receive free education up to the age of 14. The fundamental...Learn about the concept, origin, features, and categories of Fundamental Rights under the Indian Constitution. These rights are guaranteed by the state to its citizens and are enforceable by the Supreme Court and High Courts.
- Right to Equality. Article 14: Equality before the law. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
- Right to Freedom. Article 19: Protection of certain rights regarding freedom of speech, etc. (1) All citizens shall have the right- (a) to freedom of speech and expression;
- Article 21A: Fundamental Rights to Education. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
- Right against Exploitation. Article 23: Prohibition of traffic in human beings and forced labor. (1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable by the law.
Jun 2, 2023 · Fundamental Rights were deemed essential to protect the rights and liberties of the people against the encroachment of the power delegated by them to their Government. Fundamental rights of the Indian constitution are the basic rights provided by the constitution of India to its citizens.
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. Learn about the list of important rights, the legal tests for determining fundamental rights, and the specific jurisdictions that protect them.
