FUNDAMENTAL RIGHTS

PRERNA FOR IAS

         Mehnat Aapki, Guidance Humari

         Roz ki Prelims Practice — Experts ke Saath

FUNDAMENTAL RIGHTS

1. Fundamental Rights

Fundamental Rights are the basic rights guaranteed to every citizen by the Constitution of India. They are provided under Part III (Articles 12–35) and protect individual freedom, equality, and dignity. These rights enable citizens to develop their personalities and safeguard them against arbitrary actions of the State. The concept of Fundamental Rights was inspired by the U.S. Bill of Rights. They are enforceable by courts, and any law violating these rights can be declared unconstitutional. Fundamental Rights promote justice, liberty, equality, and fraternity, forming the foundation of Indian democracy and ensuring the rule of law.

2. Classification of Fundamental Rights

The Constitution of India classifies Fundamental Rights into six categories. These are: Right to Equality (Articles 14–18), Right to Freedom (Articles 19–22), Right against Exploitation (Articles 23–24), Right to Freedom of Religion (Articles 25–28), Cultural and Educational Rights (Articles 29–30), and Right to Constitutional Remedies (Article 32). Originally, there were seven Fundamental Rights, including the Right to Property, but it was removed by the 44th Constitutional Amendment Act, 1978, and made a legal right under Article 300A. These rights protect citizens' liberties and strengthen democracy.

3. Right to Equality (Articles 14–18)

The Right to Equality guarantees equality before the law and equal protection of laws to every person. It prohibits discrimination based on religion, race, caste, sex, or place of birth. It ensures equal opportunities in public employment and abolishes untouchability and titles that create social inequality. However, the Constitution permits affirmative action such as reservations for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes to achieve social justice. This right forms the foundation of a democratic society by promoting fairness, dignity, and equal treatment for all citizens regardless of their background.

4. Right to Freedom (Articles 19–22)