FUNDAMENTAL RIGHTS
What are Fundamental Rights given to a citizen in India?
The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. The Fundamental Rights are guaranteed by the Constitution of India to all persons without any discrimination.
Originally, the Constitution provided 7 Fundamental Rights, namely,
- Right to equality ( Articles 14 – 18)
- Right to freedom ( Article 19 – 22)
- Right against exploitation ( Article 23 -24)
- Right to freedom of religion (Article 25 – 28)
- Cultural and educational rights (Article 29 – 30 )
- Right to property (Article 31)
- Right to constitutional remedies (Article 32)
But by the 44th Amendment Act, 1978, the right to property was deleted from the list of Fundamental Rights. It is made a legal right under Article 300-A in Part XII of the Constitution. So, there are now 6 Fundamental Rights in the Indian Constitution.
What is the Nature of Fundamental Rights?
- They allow a person to move to the courts for the enforcement if they are violated.
- They are not permanent as they can be repealed by the Parliament but only by a constitutional amendment act.
- President has the power to suspend the enforcement of Fundamental Rights except the articles mentioned in Article 20 and 21 during a National Emergency.
- The Parliament may deny their application to the member of armed forces, para-military forces, police, intelligence agencies, and analogous services.
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| Article 12 | Definition of State |
| Article 13 | Laws inconsistent with or in derogation of the Fundamental Rights |