Fundamental Rights and Classifications : Polity
- Enshrined in Part III of the Constitution (also referred to as the Magna Carta of India).
- Provides the foundation for Political Democracy.
- Articles 12–35 define Fundamental Rights under six heads.
Properties of Fundamental Rights
- Self-executory(can be enforced directly).
- Negative in nature (impose restrictions on the state).
- Not absolute (subject to reasonable restrictions).
- Non-permanent (can be suspended during emergencies).
Articles and Explanation
Article 12 : Definition of "State"
- Includes the Government, Parliament, Legislature, and authorities under State or Central control.
Article 13 : Voidness of Laws Inconsistent with Fundamental Rights
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Any law violating Fundamental Rights is declared void.
Classification of Fundamental Rights
1. Right to Equality (Articles 14–18)
- Article 14:
- Equality before law* and *equal protection of laws.
- Article 15:
- Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth (R2CSP).
- Article 16:
- Ensures equality of opportunity in public employment.
- Article 17:
- Abolition of untouchability.
- Article 18:
- Abolition of titles (except military/academic honors).
2. Right to Freedom (Articles 19–22)
- Article 19: Six freedoms:
- Freedom of speech and expression.
- Right to assemble peacefully.
- Form associations or cooperative societies.
- Move freely throughout India.
- Reside and settle in any part of the country.
- Practice any profession or trade.
- Article 20 : Protection in respect of conviction for offenses.
- Article 21:
- Protection of life and personal liberty.
- Includes the right to live with dignity, decent environment, livelihood, privacy, emergency medical aid, information, family pension, and sleep.
- Article 22: Protection against arrest and detention.
3. Right Against Exploitation (Articles 23–24)
- Article 23:
- Prohibits human trafficking and forced labor.
- Article 24:
- Prohibits employment of children below 14 in hazardous activities.
4. Right to Freedom of Religion (Articles 25–28)
- Article 25:
- Freedom of conscience and the right to profess, practice, and propagate religion.
- Article 26:
- Freedom to manage religious affairs.
- Article 27:
- Exemption from taxes promoting any religion.
- Article 28:
- Freedom to attend religious instruction.
5. Cultural and Educational Rights (Articles 29–30)
- Article 29:
- Protects interests of minorities.
- Article 30:
- Right of minorities to establish and administer educational institutions.
6. Right to Constitutional Remedies (Article 32)
- Ensures the right to move the Supreme Court for enforcement of Fundamental Rights.
Additional Notes
- Fundamental Rights exclusive to citizens: Articles 15, 16, 19, 29, 30.
- Article 21 covers a wide range of rights integral to life and dignity.
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| Fundamental Rights and Classifications : Polity |
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