Part III of the constitution guarantees certain basic rights to the citizens of India known as the Fundamental Rights, which are justifiable. The Fundamental Rights has been classified under the six categories known as - Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational rights and Right to constitutional remedies.
Right to Equality ensures equal rights for all the citizens. Article 14 represents the idea of equality, which states that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The equality before the law is guaranteed to all without regard to race, colour, or nationality.
Right to freedom provides us with various rights. It guarantees to the citizens of India six Fundamental Freedoms: 1) Freedom of Speech and Expression, 2) Freedom of Assembly, 3) Freedom to form associations, 4) Freedom of Movement, 5) Freedom to reside and to settle, and 6) Freedom of profession, occupation, trade, or business.
Article 23 i.e., Right against Exploitation condemns traffic in human beings, women, children, beggars or other forced labour militate against human dignity. Article 24 prohibits the employer from employing children below the age of 14 years in any hazardous profession. This right followed the human rights concepts and United Nations norms.
Right to Freedom of Religion guarantees religious freedom and ensures secular states in India. Articles 25 and 26 embody the principles of religious tolerance and emphasize the secular nature of Indian democracy, i.e., equal respect to all religions. Article 25 offers freedom of Conscience and Free Profession, Practice and Propagate any Religion whereas Article 26 helps to manage religious affairs, which is subject to public order, morality and health, every religious denomination.
Article 27 provides freedom to not pay taxes for religious expenses on promotion or maintenance of any religion. Article 28 prohibits religious instructions in educational institutions wholly maintained by the state.
Article 29 provides protection of interests of minorities in India. A minority community can effectively conserve its language, script, or culture by and through the educational institution. Article 30 states rights of minorities whether based on religion or language to establish and administer educational institutions. Educational rights ensure education for everyone irrespective of their caste, gender, religion, etc.
Right to Constitutional Remedies ensures the citizens to go to the supreme court of India to ask for justice and to enforcement or protection against violation of their fundamental rights. Rights, in order to be meaningful, must be enforceable and backed by remedies in case of violation. This article guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights and deals with the Supreme Court?s power to issue order or writs for the enforcement of Fundamental Rights. Article 35 lays down that the power to make laws to give effect to certain specified Fundamental Rights shall vest only with the Parliament and not with State Legislatures.
Fundamental Rights play a significant role as they are most essential for the attainment of the full intellectual, moral, and spiritual status of an individual. Therefore, the objective behind the including of Fundamental Rights in the Constitution was to establish a government of Law to preserve individual liberty, building an equitable society, and establish the welfare of the state.
" />Part III of the constitution guarantees certain basic rights to the citizens of India known as the Fundamental Rights, which are justifiable. The Fundamental Rights has been classified under the six categories known as - Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational rights and Right to constitutional remedies.
Right to Equality ensures equal rights for all the citizens. Article 14 represents the idea of equality, which states that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The equality before the law is guaranteed to all without regard to race, colour, or nationality.
Right to freedom provides us with various rights. It guarantees to the citizens of India six Fundamental Freedoms: 1) Freedom of Speech and Expression, 2) Freedom of Assembly, 3) Freedom to form associations, 4) Freedom of Movement, 5) Freedom to reside and to settle, and 6) Freedom of profession, occupation, trade, or business.
Article 23 i.e., Right against Exploitation condemns traffic in human beings, women, children, beggars or other forced labour militate against human dignity. Article 24 prohibits the employer from employing children below the age of 14 years in any hazardous profession. This right followed the human rights concepts and United Nations norms.
Right to Freedom of Religion guarantees religious freedom and ensures secular states in India. Articles 25 and 26 embody the principles of religious tolerance and emphasize the secular nature of Indian democracy, i.e., equal respect to all religions. Article 25 offers freedom of Conscience and Free Profession, Practice and Propagate any Religion whereas Article 26 helps to manage religious affairs, which is subject to public order, morality and health, every religious denomination.
Article 27 provides freedom to not pay taxes for religious expenses on promotion or maintenance of any religion. Article 28 prohibits religious instructions in educational institutions wholly maintained by the state.
Article 29 provides protection of interests of minorities in India. A minority community can effectively conserve its language, script, or culture by and through the educational institution. Article 30 states rights of minorities whether based on religion or language to establish and administer educational institutions. Educational rights ensure education for everyone irrespective of their caste, gender, religion, etc.
Right to Constitutional Remedies ensures the citizens to go to the supreme court of India to ask for justice and to enforcement or protection against violation of their fundamental rights. Rights, in order to be meaningful, must be enforceable and backed by remedies in case of violation. This article guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights and deals with the Supreme Court?s power to issue order or writs for the enforcement of Fundamental Rights. Article 35 lays down that the power to make laws to give effect to certain specified Fundamental Rights shall vest only with the Parliament and not with State Legislatures.
Fundamental Rights play a significant role as they are most essential for the attainment of the full intellectual, moral, and spiritual status of an individual. Therefore, the objective behind the including of Fundamental Rights in the Constitution was to establish a government of Law to preserve individual liberty, building an equitable society, and establish the welfare of the state.
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