Fundamental Rights
Fundamental rights are the basic human rights enshrined in the Constitution that protect citizens against any arbitrary state action.
Introduction to Fundamental Rights
Fundamental rights are essential rights that every citizen has, regardless of race, place of birth, religion, caste, creed, or gender. These rights are fundamental to human development and are protected by the Constitution.
Right to Equality (Articles 14-18)
- Equality before law
- Prohibition of discrimination
- Equality of opportunity
- Abolition of untouchability
- Abolition of titles
Right to Freedom (Articles 19-22)
- Freedom of speech and expression
- Freedom of assembly
- Freedom of association
- Freedom of movement
- Freedom of residence
- Freedom of profession
Right against Exploitation (Articles 23-24)
- Prohibition of trafficking
- Prohibition of forced labor
- Prohibition of child labor
Right to Freedom of Religion (Articles 25-28)
- Freedom of conscience
- Freedom to practice religion
- Freedom to manage religious affairs
- Freedom from religious taxation
Cultural and Educational Rights (Articles 29-30)
- Protection of minority interests
- Right to establish educational institutions
- Right to preserve culture
Right to Constitutional Remedies (Article 32)
- Right to approach Supreme Court
- Writs for enforcement of rights
- Legal remedies
Restrictions on Fundamental Rights
While fundamental rights are essential, they are not absolute. The Constitution provides for reasonable restrictions that can be imposed on these rights in the interest of:
- Sovereignty and integrity of India
- Security of the State
- Friendly relations with foreign States
- Public order
- Decency or morality
- Contempt of court
- Defamation
- Incitement to an offence
Important Supreme Court Judgments
Case Name | Year | Key Principle |
---|---|---|
Kesavananda Bharati Case | 1973 | Basic Structure Doctrine |
Maneka Gandhi Case | 1978 | Right to Life includes Right to Live with Dignity |
Vishaka Case | 1997 | Sexual Harassment at Workplace Guidelines |