The constitution had 7 fundamental rights. But after the 44th amendment, in 1978 they were reduced to 6 Fundamental Rights. This amendment abolished the right to property on the 7th Fundamental Right. This right was under Article 31. The Constitution of India now has a total of 6 fundamental rights. 6 Which are the basic rights? Following is -
- Right to equality
- Right to freedom
- Right against exploitation -
- Right to religious freedom -
- Rights related to culture and education -
- Right to constitutional remedies
Name and brief description of the Fundamental Rights
Right to equality
Articles 14 to 18 relate to the right to equality. Article 14 states that the state will not deprive any person of equality before the law and they will be equally protected by law in any region of India. Thus this right confers the right of equality to all persons before the law. Discrimination with any person, religion, race, caste, sex or place of birth will not be a fundamental right. Article 15,16,17, and 18 deals with social and economic equality. Article 15 considers the state to prohibit discrimination against any person on the basis of religion, language, caste.
Article 16 guarantees to provide equal opportunities to all citizens. This article considers providing employment opportunities to all citizens and prohibits any form of discrimination. The state cannot discriminate against any citizen in matters of employment on the basis of religion, caste, sex, race or place of birth.
Untouchability or untouchability has been completely banned under Article 17. Untouchability of any kind is considered a legally punishable offense. Under Article 18, the State shall not confer any degree other than military or educational prestige. No Indian citizen shall accept any title from a foreign state. Any person who holds the post will not accept any kind of gift, gift and will not accept any foreign gift.
Right to freedom
The right to freedom is given from Articles 19 to 22 of the Constitution. The right to freedom is not absolute in itself. It is a legally controlled right. Rights have been given in Article 19:
- Its main objectives are to protect the unity and sovereignty of India, the security of the state, friendly relations with foreign states, law and order, establishing morality, and not polluting public property or inciting any wrongdoing, etc.
- Gathering peacefully without arms, it ensures the security and unity and integrity of India, and maintains peace.
- Forming unions and organizations, it maintains the sovereignty and unity of India and also maintains public morality. It also includes the "Cooperative Society" which was added by the 97th Amendment in 2012.
- Taking a free tour in any region of India, it protects the interests of common citizens and scheduled tribes.
- Residing or making permanent residence in any part of India. And up) starting a business, any business, trade or business, it is based on educated business. It is necessary to have qualifications.
Articles 20, 21 and 22 ensure the personal freedom of individuals. Among all the fundamental rights, it is the central right ie the right to life and the right to personal liberty. Additionally, by the 86th Constitutional Amendment in 2002, Article 21A was also added in which the state provides mandatory and free education for children between the ages of six to fourteen. Earlier it was included in Article 45 of the policy-oriented elements.
Right against exploitation
Articles 23 and 24 relate to the right against exploitation. Article 23 prohibits child abuse, forced labor and bonded labor. According to Article 24, children under the age of 14 cannot employ or employ any factory, factories, or in any hazardous occupation.
Right to religious freedom
Article 25 provides the right to religious freedom. All persons have the right to worship, worship any religion. This article is 27 and 28. Article 27 states that no person shall be compelled to pay any tax for the expenditure in the promotion or maintenance of a particular religion. In the case of institutions recognized and aided by the state, every person shall be at liberty not to attend religious education or worship.
Right to Education
Articles 29 and 30 relate to education.
Right to constitutional remedies
According to Article 32, the Indian Constitution gives the right to knock the door of the Supreme Court of the country by taking appropriate action to enforce the fundamental rights. The measures by which the Supreme Court protects the fundamental rights are called pleadings or judicial process. This writ or judicial process is as follows: - The Supreme Court can order these petitions to enforce the fundamental rights. The meaning of these writings is as follows: -
- Habeas Corpus - It protects the right to life and protects personal liberty. This writ is issued by the court, if a person is taken into custody without any hearing, then it is presented in the court.
- Paramadesh - Paramadesh means order. It can be issued by any officer. By this, any person is asked to fulfill his duty, which he has refused to do. This order cannot be issued against the President, the Governor of the States, and the judges of the Supreme Court and the High Court. It also cannot be issued against any individual or private institution.
- Prohibition - This writ is issued by the High Court. The Supreme Court or High Court issues this writ to the lower court. It considers the following court to have a case prohibited for hearing in its jurisdiction.
- Rights Inquiry - Through this writ, the Supreme Court or the High Court can ask for records kept by any lower court in its jurisdiction.
- Induction - Through this writ, the court can ask a person about which jurisdiction from which he is in an office or power.
