Six fundamental rights of indian constitution Rating: 5,2/10 549reviews
The Indian Constitution, which came into effect on January 26, 1950, guarantees certain fundamental rights to all citizens of India. These rights, which are outlined in Part III of the Constitution, are considered essential for the protection of individual freedoms and the promotion of justice and equality.
The six fundamental rights of the Indian Constitution are:
Right to Equality: This right ensures that all individuals are treated equally before the law, regardless of their religion, race, caste, sex, or place of birth. It prohibits discrimination on the grounds of these factors and guarantees equal protection under the law.
Right to Freedom: This right guarantees the fundamental rights of speech, expression, association, and movement. It allows individuals to express their opinions and beliefs freely, without fear of persecution.
Right against Exploitation: This right prohibits bonded labor, forced labor, and other forms of exploitation. It also prohibits traffic in human beings and begar (forced or compulsory labor).
Right to Freedom of Religion: This right guarantees the freedom to practice, profess, and propagate any religion of one's choice. It also prohibits discrimination on the grounds of religion.
Cultural and Educational Rights: This right guarantees the right to conserve one's language, script, and culture, as well as the right to establish and administer educational institutions of one's choice.
Right to Constitutional Remedies: This right allows individuals to approach the courts for the enforcement of their fundamental rights. It also allows for the writ jurisdiction of the courts, which allows individuals to seek relief from the violation of their fundamental rights.
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These fundamental rights play a crucial role in protecting the individual freedoms of citizens and promoting justice and equality in society. They serve as a bulwark against the abuse of power and ensure that the government and other institutions respect the rights and dignity of all individuals.
Fundamental Rights in Indian Constitution, Complete List
Our Fundamental Rights are not absolute and they, in fact, strike a balance, however delicate, between the demands of the individual and the needs of the State. The members of the opposition parties apprehended that it was a very dangerous weapon in the hands of the ruling majority to crush the opposition by throwing their adherents into the prison without trial. Some fundamental rights apply for persons of any nationality whereas others are available only to the citizens of India. What is the difference between Fundamental Rights and Directive Principles of State Policy? Cultural and educational rights a Article 29 — Protection of language, script and culture of minorities. Right to constitutional remedies Article 32 — Right to move the Supreme Court for the enforcement of fundamental rights including the writs of i Habeas corpus, ii Mandamus, iii Prohibition, iv Certiorari, v Quo war-rento Six fundamental rights The fundamental rights of India are listed and briefly described in this section.
Fundamental Rights of Indian Constitution
Views of the Critics: The critics argue that since this right can be suspended under Article 358, it has been robbed of its inherent and fundamental values and it takes away with one hand what is given by the other. Fundamental Rights are justified: The constitution empowers citizens to take their basic rights to a Supreme Court for strengthening if they are infringed or curtailed. It also implies the prohibition of children in factories, etc. Hence, an addition of Clause 4 was made to fill up a void in the constitution. Clause 1 covers a guarantee against ex-post-facto laws of the categories: i Those which make the penalty for the offense greater than that which might have been inflicted under the law in force at the time the act was done, ii Those which make criminal, an act which was innocent when committed. No person shall be deprived of his life or personal liberty except according to procedure established by law. The clause deals with proceedings of judicial character only.
Fundamental Rights (Articles 12
The restriction, if unreasonable, can be declared unconstitutional. Fundamental rights cannot be enforceable against individuals and private entities. As property, owners had the right to sell them, just as they would sell cattle or sheep. As per this, it is essential that all the statutes must be consistent with part 3 of Indian constitution as any inconsistency will make that statute void. Also, read the 2. There was one more fundamental right in the Constitution, i.
Fundamental Rights of India: Meaning, Definition, 6 Types, Feature
Fundamental Rights There are six fundamental rights guaranteed by the Indian Constitution. These human rights are conferred upon the citizens of India for the Constitution tells that these rights are inviolable. Right against Exploitation Article 23-24 Article 23 of the Constitution banned trafficking in human beings, beggars, and other forms of forced labour. The Courts can issue orders to the government to implement the rights. In fact, it is a grave issue. In 1980 a modified version of MISA was passed entitled National Security Act NSA. This Article enabled the framers of the Indian constitution to fulfill the long cherished dream of Father of the Nation and usher in new era for the down-trodden untouchables.
What are the 6 fundamental rights?
The Constitution guarantees these rights to everyone, without exception. They also have the right to create their institutions under Article 30. Right to Freedom Articles 19-22 Opportunity is perhaps the main ideal loved by any fair society. The members of the Constituent Assembly, as well, denounced these Articles with all the emphasis at their command. Fundamental Rights UPSC The Topic of Fundamental Rights is covered under the General Studies II paper of the To cover Fundamental Rights UPSC, students must go through the UPSC Questions on Fundamental Rights Q1. Doctrine of Eclipse This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only non-enforceable, i. What are the six fundamental rights with articles? Â Introduction to Six Fundamental Rights Articles 12 to 35 Under this section, we list the fundamental rights in India and briefly describe each of them.
6 Fundamental Rights of Indian constitution
This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds. It guarantees everyone the right to life, liberty and security in Maneka Gandhi and the Union of India. In Maneka Gandhi vs. Restrictions are to be Reasonable as per Constitution: With the inclusion of these additional reservations, right to freedom of speech has been further curtailed. Â Note: The right to property is now a legal right and not a fundamental right. The Indian Parliament can amend fundamental rights by a constitutional modification, and the amendment should not change the primary approach of the Constitution.
Fundamental Rights (Article 12
The courts, however must ensure that these schemes are administered so as to work towards the advancement of the backward classes but they are not administered so as to prejudice others unduly. However, in communities where caste is not recognized, the other criteria would apply, ADVERTISEMENTS: iv The backwardness as contemplated in Article 16 4 is mainly social. Article 20 enunciates the protection in respect of conviction for offenses, it provides protection against retrospective application of criminal laws, double jeopardy, and self-incrimination. Ram Kishan Bhardwaj v. ADVERTISEMENTS: If we critically analyze the Article, we find that privately owned tanks, bathing-Ghats or roads are not open to the public.
Which are The 6 Fundamental Rights of the Indian Constitution?
Keeping in view provincialism which is rampant all over India, it was considered risky to vest this power of laying down residential qualifications with the State legislature. Titles and untouchability are both outlawed as part of this right. Moreover, Fundamental Rights can also be restricted during military rule in any area. Most of the Fundamental rights provided to the citizens are claimed against the State and its instrumentalities and not against the private bodies. Clause ii of the Article empowers the Supreme Court to issue directions or writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, for the enforcement of any of the rights conferred by the constitution.
Six Fundamental Rights and the Indian Constitution
Even the Supreme Court upheld it when challenged in 1981. All local or other authorities within the territory of India 4. The five prerogative writs under Fundamental Rights Available to Citizens Only Few Fundamental Rights in the constitution are only available to citizens of India. They are also needed to preserve human dignity. Our freedom of speech and expression permits us to criticise the government in the United States openly, but this is not the case in China. However, these rights are not absolute. Ex-post-facto laws can be defined as laws which have a retrospective effect for the purpose of punishing an action which was lawful, at the time it was committed.
Fundamental rights and duties in the Indian constitution
The right to constitutional remedies enables citizens to appeal to an administrative court when they are denied any fundamental rights. An uncontrolled mixing of the tribes with other people was likely to produce undesirable effect upon the unsophisticated tribal people. However, it is equally important to note that the rights were shaped keeping in mind the aspirations of the common people. Secondly, clause 4 empowers the State to reserve some posts for the backward classes. Right to move freely throughout the territory of India. The Constitution of India guarantees six fundamental rights to every citizen.
FAQs
What are the 6 fundamental rights of India? ›
- Right to Equality.
- Right to Freedom.
- Right against Exploitation.
- Right to Freedom of Religion.
- Cultural and Educational Rights.
- Right to Constitutional Remedies.
The six fundamental rights include the Right to Equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to constitutional Remedies. Originally Right to property (Article 31) was also included in the Fundamental Rights.
Is Article 12 a fundamental right? ›Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are: Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.
What is the 11th fundamental right? ›The 11th fundamental duty which was added to this list is: To provide opportunities for education to children between 6-14 years of age, and duty as parents to ensure that such opportunities are being awarded to their child.
What are the 6 different rights? ›She will talk about the establishment clause, the free exercise clause, the freedom of speech clause, the freedom of the press, the freedom to peacefully assemble, and the freedom to petition the government for redress of grievances.
Why are fundamental rights important 6? ›They uphold the equality of all individuals, the dignity of the individual and the nation's unity. 1. Rule of Law: These rights are a protection for the citizens against the government and are necessary for having the rule of law and not of a government or a person.
What is Article 6 of the Indian Constitution? ›Article 6 say that a citizen migrated from pakistan to the the territory of India will deems to be the citizen of India; if a person comply the below two conditions: If the person himself or his parents or his grandparents whether paternal or maternal are born in India as per the government of India act,1935.
What are the first 6 Articles of the Constitution? ›- Preamble.
- Article I: The Legislative Branch.
- Article II: The Executive Branch.
- Article III: The Judicial Branch.
- Article IV: The States.
- Article V: Amendment.
- Article VI: Debts, Supremacy, Oaths.
- Article VII: Ratification.
Article 12 of the Constitution of India is of greatest importance as it defines what is State. Further, Article 13 of the Constitution of India specifies which acts of the State are regulated by the Constitution so that State does not abuse the powers given to it by the Constitution. Formatted on 3rd March 2019.
What does Article 12 of the human rights mean? ›Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
What are the 11 fundamental rights of Indian Constitution? ›
These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas ...
What is Article 22 of Indian Constitution? ›Article 22(1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate. Article 22(2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
What does Article 11 talks about? ›Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
What is the 7 fundamental rights? ›Seven fundamental rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.
What are the top 3 most important rights? ›They include the right to life, the right to health and the right to freedom from torture.
What are the top 5 most important rights? ›- Right to Freedom of Speech and Expression. ...
- Right to a Fair Trial. ...
- Right to Free and Unperturbed Media. ...
- Right to Vote Freely in Public and Open Elections. ...
- Right to Worship Religion in a Free Setting. ...
- Right To Live Permanently In The US.
Thus, ensuring equal opportunity to all citizens irrespective of their backgrounds like religion, race, caste, etc. Article 19 – Protection of Six Fundamental Rights: The Constitution guarantees all the citizens the six freedom of rights before enacting any new legislation.
What are fundamental rights in simple words? ›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.
What is the difference between fundamental rights and human rights? ›Fundamental rights are the rights of a country's citizens that are stated in the constitution and enforced by the law. Human rights, on the other hand, are the safeguards that a human being seeks in order to live in dignity and equality.
What is the meaning of six fundamental rights? ›There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
What does Article 6 says? ›
Article VI Explained. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
What is Article 6 called? ›Often referred to as the supremacy clause, this article says that when state law is in conflict with federal law, federal law must prevail.
What are the six basic rights protected by amendment? ›The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States of America the freest in the world.
Why are fundamental rights so called? ›The Fundamental Rights are called Fundamental because they are essential and natural to the development of human beings. The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality.
How many fundamental rights are there in a name? ›The Constitution guarantees six fundamental rights to Indian citizens as follows: (i) right to equality, (ii) right to freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights, and (vi) right to constitutional remedies.
What are the 6 parts of the Constitution? ›- Preamble ["We the people"] (see explanation)
- Article I [The Legislative Branch] (see explanation) ...
- Article II [The Presidency] (see explanation) ...
- Article III [The Judiciary] (see explanation) ...
- Article IV [The States] (see explanation) ...
- Article V [The Amendment Process] (see explanation)
- Article I Legislative Branch.
- Article II Executive Branch.
- Article III Judicial Branch.
- Article IV Relationships Between the States.
- Article V Amending the Constitution.
- Article VI Supreme Law.
- Article VII Ratification.
In 1791, a list of ten amendments was added. The first ten amendments to the Constitution are called the Bill of Rights. The Bill of Rights talks about individual rights.
What is Article 13 fundamental rights? ›13. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
What is the main goal of Article 12? ›Article 12
To guarantee the Rights of Man and of the Citizen a public force is necessary; this force is therefore established for the benefit of all, and not for the particular use of those to whom it is entrusted.
Is Article 14 fundamental rights? ›
Right to equality given under article 14 of Indian law. it is one of the fundamental right. It ensure the guarantees to every person the right to equality before law & equal protection of the laws . it is not only right of Indian citizens but also right of non-citizens .
What is the meaning of Article 12 section 11? ›SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights. SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.
What is the meaning of Article 12 section 2? ›Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.
What is Article 12 of the human rights Act 1998? ›Article 12 Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is available to every person, citizens and foreigners alike.
What is Article 13 of Indian Constitution notes? ›Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.
What is Article 22 fundamental rights? ›Constitution of India. Protection against arrest and detention in certain cases. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
What does Article 23 of the Constitution mean? ›Article 23 in The Constitution Of India 1949. 23. Prohibition of traffic in human beings and forced labour. (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
What is the Article 24? ›1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
What is a Constitution 11? ›A constitution is defined as the set of written rules, that are accepted by all the people living together in a country. It determines the relationship between the people and the government.
Why is Amendment 11 important? ›
The Eleventh Amendment's text prohibits the federal courts from hearing certain lawsuits against states. The Amendment has also been interpreted to mean that state courts do not have to hear certain suits against the state, if those suits are based on federal law.
What is Article 10 and 11 human rights Act? ›Article 10: Freedom of expression. Article 11: Freedom of assembly and association. Article 12: Right to marry and start a family. Article 14: Protection from discrimination in respect of these rights and freedoms.
What are the 9 fundamental rights of India? ›The six fundamental rights are the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to constitutional remedies, and Cultural and Educational Rights. There was an amendment to the Constitution of India in 1978.
What are 10 fundamental human rights? ›The fundamental human rights contained in the constitution of Nigeria are: the Right to Life, the Right to Dignity of Human Person, the Right to Personal Liberty, the Right to Fair Hearing, the Right to Private and Family Life, the Right to Freedom of Thought, Conscience and Religion, the Right to Freedom of Expression ...
What are the 7 human rights in India? ›- #1. The right to life. ...
- #3. The right to equal treatment before the law. ...
- #4. The right to privacy. ...
- #5. The right to freedom of thought, religion, opinion, and expression. ...
- #7. The right to education. ...
- Everyone has the right to life, liberty, and personal security.
The 7th Fundamental Rights, “Right to Property” contained in Article 31 of the Indian Constitution. It was abolished by the Consitution through the 44th Amendment Act 1978 with effect from 20th June 1979.
What is Article 13? ›13. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
What does Article 15 say? ›Article 15 of the Constitution of India forbids discrimination on grounds only of religion, race, caste, sex, or place of birth. It applies Article 14's general principle of equality in specific situations by forbidding classifications made on protected grounds.
What is the 8th fundamental right? ›Right to Freedom of Religion
Citizens of India will have the freedom to attend religious instruction or worship in certain educational institutions.
The fundamental human rights contained in the constitution of Nigeria are: the Right to Life, the Right to Dignity of Human Person, the Right to Personal Liberty, the Right to Fair Hearing, the Right to Private and Family Life, the Right to Freedom of Thought, Conscience and Religion, the Right to Freedom of Expression ...