Brief Notes on the Fundamental Rights of Constitution of India

Meaning of the Fundamental Rights : In every Democratic State, all the citizens have got some rights for the development of life. These rights are given to them by the constitution of that State.

They have the force of law behind them. No government can take them away. And if, any government tries to do so, citizens can go to the court to get justice. Only such rights are called ‘Fundamental Rights’. A man’s development is not possible without these rights.

Importance of the Fundamental Rights:

The fundamental rights are of great importance as stated below :

1. These rights are necessary for the development of man’s life. They assure him of his physical, mental and moral development.

2. Without these rights, we cannot make our life happy and prosperous.

3. The importance of these rights lies in the fact that they have been guaranteed by the Constitution of India. If any government tries to snatch them away, we can go to the court to get justice.

Classification of Fundamental Rights: The citizens of India enjoy the following fundamental rights:

1. Right to Equality (Article 14 to 18): According to this right all citizens of the country are equal in eyes of law. Everyone has the equal opportunity to get the government job. The untouchability has been abolished. All other types of titles also have been abolished except the educational degrees.

2. Right to Freedom (Article 19 to 22): According to this right every Indian citizen enjoys the following seven fundamental freedoms :

(i) Freedom of speech and expression.

(it) Freedom of assembly peacefully and without arms.

(iii) Freedom to form associations and unions.

(iv) Freedom of movement.

(v) Freedom to reside in any part of India.

(vi) Right to buy, keep and dispose of property.

(vii) Freedom of profession.

3. Right against Exploitation (Article 23 to 24): According to this right no one can sell or purchase any man or woman, no one can take work from others without paying the money for his labour and children below 14 years cannot be employed in a factory or mine or any other dangerous work.

4. Right to Freedom of Religion (Article 25 to 28): India has been declared a secular State. The State itself has no religion. According to this right, freedom of the religion has been granted to every individual. Any one can follow, practise and preach any religion he likes and has faith in the same.

5. Cultural and Educational Right (Article 29 to 30): According to this right the people of any part of India, whose language or culture is separate have the right to protect and develop it. Every citizen has the right to get admission to any government aided educational institution.

6. Right to Constitutional Remedies: The right to constitutional remedies is a most important fundamental right for the citizens of India. According to this right all the citizens have the right to move to the Supreme Court or to any of the High Court in India. With this right the citizens are able to protect their all the fundamental rights. While protecting the fundamental rights these courts can issue the following writs:

(a) The Writ of Habeas Corpus.

(b) The Writ of Mandamus.

(c) The Writ of Quo Warranto.

(d) The Writ of Prohibition.

(e) The Writ of Ceritiorari.