What does our constitution’s definition of “fundamental rights” mean to you?
What do you understand by the term ‘Fundamental Rights’ as given in our constitution?
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What does our constitution’s definition of “fundamental rights” mean to you?
Fundamental Rights, as enshrined in the Constitution of India, are a set of essential rights and freedoms guaranteed to every citizen to ensure the protection of their dignity and individual autonomy. These rights are outlined in Part III of the Constitution and form the cornerstone of the Indian legal system. The key features of Fundamental Rights include:
Inalienable and Justiciable:
Fundamental Rights are inherent to the dignity and well-being of individuals and are not subject to waiver. They are justiciable, meaning that citizens can seek legal remedies through the judiciary if these rights are violated.
Equality and Non-Discrimination:
The Constitution ensures equality before the law (Article 14) and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15). These provisions aim to promote social justice and eliminate discrimination in various spheres.
Right to Freedom:
Articles 19 to 22 guarantee the Right to Freedom, encompassing freedom of speech and expression, assembly, association, movement, residence, and the right to practice any profession or occupation. However, reasonable restrictions can be imposed in the interest of public order, morality, or security.
Right to Equality:
Articles 14 to 18 ensure the Right to Equality. This includes equality before the law, prohibition of discrimination, and the abolition of untouchability. The principle of equal protection of the law is emphasized to prevent arbitrary and discriminatory actions.
Right to Freedom of Religion:
Articles 25 to 28 guarantee the Right to Freedom of Religion. Every individual has the right to profess, practice, and propagate their religion, subject to public order, morality, and health. The Constitution also recognizes the right of religious minorities to establish and administer their educational institutions.
Cultural and Educational Rights:
Articles 29 and 30 provide for the protection of the rights of minorities to conserve their culture, language, and script. Additionally, minorities have the right to establish and administer educational institutions of their choice.
Right to Constitutional Remedies:
Article 32 empowers citizens to directly approach the Supreme Court for the enforcement of Fundamental Rights. This is considered the "heart and soul" of the Constitution, ensuring that individuals have an effective remedy against violations of their rights.
Fundamental Rights play a pivotal role in upholding the democratic principles of the Indian Constitution, providing a safeguard against potential abuses of power. They reflect the commitment to justice, liberty, equality, and fraternity, which are the guiding principles of the Preamble. The Constitution allows for reasonable restrictions on these rights in certain circumstances, striking a balance between individual freedoms and the broader interests of society.