Fundamental Rights and types of Fundamental Rights

The Fundamental Rights means the rights which is required for the socio-economic development of citizen of the country. These Rights help the citizen to protect their lives. Fundamental Rights also play a vital role for the development of the country because if the people will develop then the country will be developed ultimately. For example there are six fundamental rights like right to equity, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to Constitutional remedies.

According to Article 12 Definition of State. Which includes the Government of India and Parliament of India. The State Government, Legislative assemblies, Legislative councils and all local or other authorities within the territory of India as under the control of Government of India.

According to the Article 13, It states that laws in conflict with or in approval of the Fundamental Rights.

Types of Fundamental Rights

As we know that there are six fundamental rights.

Right to equality (Articles 14 to 18)

Article 14 It states that equality before law and equal protection of laws within the all territories of India.

Article 15 It states that prohibition of discrimination on ground of religion, race,caste sex or place of birth.

Article 16 It states that equality of opportunities in matter of public employment.

Article 17 It states that abolition of untouchability and prohibition its practice.

Article 18 It states that abolition of titles except military and academic.

Right to freedom (Articles 19 to 22)

Article 19 According to right to freedom article 19 guarantees to the citizen of India and it provides six fundamental freedoms.

Freedom of speech and expression (freedom of press,media).

To assemble peacefully and without arms.

To form association or unions.

To move freely throughout the territory of India.

To reside and settle in any part of the territory of India.

Freedom to choose any profession and business.

Article 20 It states that it gives protection in respect of conviction for offences.

Article 21 It states that it gives protection of life and personal liberty to both citizens and non-citizens. Article 20 and Article 21 remain in force even during emergency.

Article 21 (A) It states that right to education from age 6 to 14 years made a Fundamental Right by 86th Constitutional Amendment, 2002.

Article 22 It states that it entails protection against arrest and detention in certain cases. Article 22 is not available to an enemy alien and a person arrested or detained under a law providing detention (detention of a person without trial).

Right against exploitation (Articles 23 and Article 24)

Article 23 It states that it entails prohibition of traffic in human beings and forced labour.

Article 24 It states that no child below the age of 14 can be employed in factories or mines or in hazardous employment.

Right to Freedom of Religion (Articles 25 to 28)

Article 25 It states that Freedom of conscience and free profession,practice and propagation of religion.

Article 26 It states that Freedom to manage religious affairs.

Article 27 It states that Freedom from payment of taxes for promotion of any particular religion.

Article 28 It states that it prohibits any religious instruction in educational institutions wholly maintained by state funds. In other institutions aided and recognised by the State, every person will be free not to participate in religious instruction or worship.

Cultural and Educational Rights (Articles 29 to 30)

Article 29 It states that it allows every community to conserve its distinct language ,script or culture. It also bars disallowing a citizen admission to any educational institution maintained or aided by the state only on grounds of religion, race, caste or language.

Article 30 It states that righ of minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Articles 32 to 35)

Article 32 This article provides the right to the citizens to move to the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights and it empowers the Supreme Court to issue directions or writs for the enforcement of the Fundamental Rights. The writs includes Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, Dr BR Ambedkar termed the Right to Constitutional Remedies as the heart and soul of the Constitution.

Article 33 It enables Parliament to modify Fundamental Rights in relation to military or para-military forces,police forces and analogous forces.

Article 34 It states that empowers Parliament to make any law for indemnifying any person for acts done during the operation of martial law.

Article 35 It states that it provides for powers to make laws on certain articles in this part only on the Parliament and excludes the state legislatures jurisdiction from them.