fundamental rights

 Q.What are the major fundamental rights granted by the Constitution? Explain their characteristics and importance. 

Meaning of Fundamental Rights

 Fundamental rights refer to those rights which are essential for overall development of human beings. They are mentioned in the basic law of the nation, i.e., the Constitution. Therefore, they are also known as fundamental rights, which the government cannot violate. If the government violates the fundamental rights of any person residing in India, the judiciary protects them. 

It is worth noting that fundamental rights are the basis of democracy because, in their absence, a democratic society cannot be imagined. 

Importance/Characteristics of Fundamental Rights 

The main importance/characteristics of fundamental rights are as follows: 

1. Fundamental rights are very important for the overall development of human beings. 

2. Fundamental rights are mentioned in the basic law of the nation, i.e., the Constitution. 

3. The government cannot violate fundamental rights. 

4. If the government violates the fundamental rights of any person residing in India, the judiciary protects them. 

5.Fundamental rights are the basis of democracy because, in their absence, one cannot even imagine democracy. 

The fundamental rights provided by the Indian Constitution

The fundamental rights provided by the Indian Constitution to every person residing in India against the state are as follows: 

1.Right to Equality 
2.Right to Freedom 
3.Right against Exploitation 
4.Right to Freedom of Religion 
5.Right to Education 
6.Right to Constitutional Remedies 

1.Right to Equality

Right to Equality includes mainly two concepts: 

1. Equality before the law (Everyone is equal before the law): This phrase has been taken from the British Constitution, which means that every person under similar circumstances should be treated equally. 

2. Equal protection of laws (No one is above the law): This phrase has been taken from the American Constitution, which means that no person is above the law. 

It is not that every person, whatever position they hold, is subject to the general laws. 

2. Right to Freedom: The right to freedom has been granted to every person residing in India by the Indian Constitution. Article 19 of the Indian Constitution is related to the right to freedom. The Indian Constitution grants the right to freedom to every citizen residing in India, which includes the following rights: 

• Freedom of speech and expression 

• Freedom of assembly 

• Freedom of association 

• Freedom of movement 

• Freedom to reside 

• Freedom of trade 

3.Right against Exploitation: According to the Indian Constitution, every person residing in India, whether a citizen or non-citizen, has the right against exploitation by the state and private individuals. It prohibits human trafficking, forced labor, and child labor. 

• Forced labor : Forced labor refers to work taken without proper remuneration.

 

• Child labor : Child labor refers to work taken from a child. 

4.Right to Freedom of Religion: Indian Constitution grants every individual in India the right to religious freedom. This includes the freedom to practice, profess, and propagate their religion. 

5.Right to Education: The Indian Constitution grants children between the ages of 6 and 14 the right to education. 

6.Right to Constitutional Remedies: The Indian Constitution grants every individual in India the right to enforce their fundamental rights. This means that if any individual's fundamental rights are violated, they can approach the court for remedy. 

• Note: Dr. B.R. Ambedkar said that if he were asked which article is the most important in the Indian Constitution, he would say it is the Right to Constitutional Remedies because it is the soul of the Constitution.